This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard of care, as set out under s 150A of the Crimes Act 1961. The paper then examines failings in s 150A’s current application, arguing that the “major departure” test has created injustices due to its strictly objective nature. Two examples of this are discussed in-depth, Bawa-Garba v R (UK) where a doctor was convicted of grossly negligent manslaughter for the death of her patient; and the decision not to prosecute the negligent engineers of the CTV building which collapsed in the Christchurch earthquake of 2011. The paper discusses three potential resolutions moving forward. It concludes that a more subjective interpretation of the wording of s 150A, which takes account of circumstances excusing or condemning a defendant’s conduct, would prevent future injustices and be a reasonably open interpretation on the wording of s 150A.
Diverse Density proposes an alternative housing strategy to the idealistic top-down process of housing development. The term ‘Top – down’ refers to a situation in which decisions are made by a few people in authority rather than by the people who are affected by the decisions (Cambridge). Problems/Position/Question: New Zealand’s urban housing is in a period of flux. Pressures of densification have permitted the intervention of medium density housing development schemes but these are not always successful. These typically top-down processes often result in internally focused design schemes that do not adhere to their specific context. The subsequent design outcomes can cause detrimental impacts to the local, urban and architectural conditions. With vast quantities of council regulations, building restrictions and design guidelines clouding over the housing sector, commonly referred to as ‘red tape’, occupant participation in the housing development sector is dwindling. A boundless separation between top-down and traditional housing processes has occurred and our existing neighbourhoods and historic architectural character are taking on the brunt of the problem. The thought-provoking, alternative housings strategies of key research theorists Alejandro Aravena and John Habraken frame positions that challenge contemporary densification methods with an alternative strategy. This position is addressed by endeavoring to answer; How can demands for denser housing achieve dynamic design responses that adhere to changes in occupancy, function and local site conditions? Aim: The aim of this thesis is to challenge New Zealand’s current housing densification methods by proposing an alternative densification strategy. Explicit devotion will be attributed to opposing top-down building developments. Secondly, this thesis aims to test a speculative site-specific housing model. The implementation of a Christchurch housing scenario will situate an investigative study to test the strategy and its ability to stimulate greater diversity, site responsiveness, functional adaptability and occupancy permutation. The post-earthquake housing conditions of Christchurch provide an appropriate scenario to test and implement design-led investigations. Objectives: The primary objectives of this design-led research investigation it to challenge the idealistic top-down method of developing density with a new method to: - Develop contextual architectural cohesion - Encourage residential diversity - Reinvigorate architectural autonomy - Respond to, and recognise, existing site conditions - Develop a housing model that: - Adapts to occupant functionality preferences - Caters to occupancy diversity - Achieves contextual responsiveness The proposition is addressed through a speculative design-led scenario study. A well-established Christchurch urban environment is adopted to implement and critique the envisioned alternative strategy. Development of the designs responsiveness, adaptability, and functionality produce a prototype housing model that actively adheres to its particular context. Implication: The implications of this research would be an alternative densification strategy to perceive the advancement of punctual assessment of building compliance. With accelerated building processes, the research may have implications for addressing New Zealand’s housing crisis whilst simultaneously providing diverse, personable and responsive architectural solutions. A more dynamic, up-to-date and responsive housing development sector would be informed.
The Mѡ=7.1 Darfield (Canterbury) earthquake struck on 4 September 2010, approximately 45 km west of Christchurch, New Zealand. It revealed a previously unknown fault (the Greendale fault) and caused billions of dollars of damage due to high peak ground velocities and extensive liquefaction. It also triggered the Mw=6.3 Christchurch earthquake on 22 February 2011, which caused further damage and the loss of 185 lives. The objective of this research was to determine the relationship between stress and seismic properties in a seismically active region using manually-picked P and S wave arrival times from the aftershock sequence between 8 September 2010-13 January 2011 to estimate shear-wave splitting (SWS) parameters, VP =VS-ratios, anisotropy (delay-time tomography), focal mechanisms, and tectonic stress on the Canterbury plains. The maximum horizontal stress direction was highly consistent in the plains, with an average value of SHmax=116 18 . However, the estimates showed variation in SHmax near the fault, with one estimate rotating by as much as 30° counter-clockwise. This suggests heterogeneity of stress at the fault, though the cause remains unclear. Orientations of the principal stresses predominantly indicate a strike-slip regime, but there are possible thrust regimes to the west and north/east of the fault. The SWS fast directions (ø) on the plains show alignment with SHmax at the majority of stations, indicating stress controlled anisotropy. However, structural effects appear more dominant in the neighbouring regions of the Southern Alps and Banks Peninsula.
In 2010 Neil Challenger, Head of the School of Landscape Architecture at Lincoln University, stated that the malls surrounding Christchurch drove the life out of the inner city of Christchurch. His economic and sociological concerns were expressed even before the earthquake occurred, and this forms the current hesitation on the rebuilding of Christchurch’s inner city. The position of this research proposal is to establish whether an urban architectural intervention can address these economic and sociological concerns and the potentially devastating effects the suburban mall has had on urban life within Christchurch. The thesis specifically asks whether establishing a mall typology as a landmark building within the inner city can strategically engage the damaged historic buildings of post-earthquake Christchurch in ways that actively preserve these historic remnants. The main intention of this research is to engage the damaged historic buildings of post-earthquake Christchurch in ways that actively preserve these remnants and are also economically viable. By preserving the remnants as active, working elements of the urban fabric, they act as historic reminders or memorials of the event and associated loss, while also actively participating in the regrowth of the city. The thesis argues that contemporary architecture can play a strategic role in these imperatives. Overall this research argues that there exists a distinct requirement for large-scale retail in the inner city urban environment that recognises and responds to the damaged cultural and historic architecture of inner city Christchurch. The objective of the thesis is to propose means to rejuvenate not only the economic vitality of central Christchurch,but also its historic character.
The suburb of New Brighton in Christchurch Aotearoa was once a booming retail sector until the end of its exclusivity to Saturday shopping in 1980 and the aftermath of the devastating 2011 Christchurch earthquake. The suburb of New Brighton was hit particularly hard and fell into economic collapse, partly brought on by the nature of its economic structure. This implosion created an urban crisis where people and businesses abandoned the suburb and its once-booming commercial economy. As a result, New Brighton has been left with the residue of abandoned infrastructure and commercial propaganda such as billboards, ATM machines, commercial facades, and shopping trolleys that as abandoned fragments, no longer contribute to culture, society and the economy. This design-led research investigation proposes to repurpose the broken objects that were left behind. By strategically selecting objects that are symbols of the root cause of the economic devastation, the repurposed and re-contextualised fragments will seek to allegorically expose the city’s destructive economic narrative, while providing a renewed sense of place identity for the people. This design-led thesis investigation argues that the seemingly innocuous icons of commercial industry, such as billboards, ATM machines, commercial facades, and shopping trolleys, are intended to act as lures to encourage people to spend money; ultimately, these urban and architectural lures can contribute to economic devastation. The aim of this investigation is to repurpose abandoned fragments of capitalist infrastructure in ways that can help to unveil new possibilities for a disrupted community and enhance their awareness of what led to the urban disruption. The thesis proposes to achieve this research aim by exploring three principal research objectives: 1) to assimilate and re-contextualise disconnected urban fragments into new architectural interventions; 2) to anthropomorphise these new interventions so that they are recognisable as architectural ‘inhabitants’, the storytellers of the urban context; and 3) to curate these new architectural interventions in ways that enable a community-scale allegorical and didactic experience to be recognised.
