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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.

Images, Alexander Turnbull Library

Photographically reproduced postcard shows a semi-humorous illustration by J L Martin of the Provincial Government buildings in Christchurch, seen looking southeast from across the intersection of Durham and Armagh Streets, imagined as warped and twisting in the Murchison Earthquake of 1929. Speech bubbles come from the mouths of some small figures: "Women & children first", "Order please", "Oh for the wings of a dove", "Stop that jazzing up there", "Wheres my puff box". The title below the picture is: "The camera cannot lie". The artist J L Martin has handwritten a message on the verso. In 1928, this building was occupied by the Commissioner of Crown Lands, the Receiver of Land Revenue, the Registrar of Deeds, the Lands Transfer Office and the Lands & Survey Department (See Wises directory 1928, page 214) Other Titles - Christchurch, Christmas Inscriptions: Verso - centre - With kind remembrances / From yours sincerely / J L Martin Quantity: 1 Other printed ephemera item(s). Physical Description: Photograph on postcard, 88 x 137 mm. Provenance: Ms McLean was the granddaughter of Arthur John Wicks, the Chief Draughtsman, Head Office, New Zealand Lands & Survey Department. He had worked with Crown Lands in Blenheim before moving to Wellington in 1917. The artist J L Martin sent the card to Mr Wicks.

Images, Alexander Turnbull Library

Christ Church Cathedral, Christchurch, with spire being rebuilt after the 1901 earthquake. Photographer unidentified. The nave, tower and spire of Christchurch Cathedral was completed in 1881. Work on completeing the rest of the building began in 1900. In 1902 the transcepts were finished and work started on the chancel and apse. An earthquake in 1901 cracked the upper part of the spire in two places. In this photograph which dates from late 1902/1903 (see scaffolding beyond the transcept indicating work on chancel) the upper part of the spire has been removed by Messrs Graham and Greig in preparation for replacing this section with a copper covered wooden structure. The Cathedral was completed in 1904. (Information from "Vision and Reality; Christchurch Cathedral in the Square," Colin Brown, Christchurch, 2000 and "A Dream of Spires," Ian Lochhead, Canterbury University Press, 1999, page 153.) Preparation for erecting the scaffolding was reported in the Christchurch Star 15 January 1902. The cross was replaced on the top of the new copper covered wooden section of the spire on 29 June 1903. Source of descriptive information - Notes on file print. Source of title - Title supplied by Library Quantity: 1 b&w original negative(s). Physical Description: Glass negative

Articles, Lost Christchurch

Whale at Sumner Provides Amusement for Trippers “Considerable excitement was caused at Sumner at about 3 o’clock yesterday afternoon, when it was reported that something like a large upturned boat …