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Research papers, Victoria University of Wellington

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.

Research papers, University of Canterbury Library

© 2017 The Royal Society of New Zealand. This paper discusses simulated ground motion intensity, and its underlying modelling assumptions, for great earthquakes on the Alpine Fault. The simulations utilise the latest understanding of wave propagation physics, kinematic earthquake rupture descriptions and the three-dimensional nature of the Earth's crust in the South Island of New Zealand. The effect of hypocentre location is explicitly examined, which is found to lead to significant differences in ground motion intensities (quantified in the form of peak ground velocity, PGV) over the northern half and southwest of the South Island. Comparison with previously adopted empirical ground motion models also illustrates that the simulations, which explicitly model rupture directivity and basin-generated surface waves, lead to notably larger PGV amplitudes than the empirical predictions in the northern half of the South Island and Canterbury. The simulations performed in this paper have been adopted, as one possible ground motion prediction, in the ‘Project AF8’ Civil Defence Emergency Management exercise scenario. The similarity of the modelled ground motion features with those observed in recent worldwide earthquakes as well as similar simulations in other regions, and the notably higher simulated amplitudes than those from empirical predictions, may warrant a re-examination of regional impact assessments for major Alpine Fault earthquakes.