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.
<b>In the late 1960s the Wellington City Council surveyed all the commercial buildings in the city and marked nearly 200 as earthquake prone. The owners were given 15 years to either strengthen or demolish their buildings. The end result was mass demolition throughout the seventies and eighties.¹ Prompted by the Christchurch earthquakes, once again the council has published a list of over 630 earthquake prone buildings that need to be strengthened or demolished by 2030.²Of these earthquake prone buildings, the majority were built between 1880 and 1930, with 125 buildings appearing on the Wellington City Council Heritage Building List.³ This list accounts for a significant proportion of character buildings in the city. There is a danger that the aesthetic integrity of our city will be further damaged due to the urgent need to strengthen these buildings. Many of the building owners are resistant because of the high cost. By adapting these buildings to house co-workspaces, we can gain more than just the retention of the building’s heritage. The seismic upgrade provides the opportunity for the office space to be redesigned to suit changes in the ways we work. Through a design-based research approach this thesis proposes a framework that clarifies the process of adapting Wellington’s earthquake prone heritage buildings to accommodate co-working. This framework deals with the key concepts of program, structure and heritage. The framework is tested on one of Wellington’s earthquake prone heritage buildings, the Wellington Working Men’s Club, in order to demonstrate what can be gained from this strengthening process. ¹ Reid, J., “Hometown Boomtown,” in NZ On Screen (Wellington, 1983).</b>
² Wellington City Council, List of Earthquake Prone Buildings as at 06/03/2017. (Wellington: Absolutely Positively Wellington. 2017).
³ ibid.
