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Research papers, Victoria University of Wellington

In the aftermath of the 2011 earthquake, a state of polycentric urbanity was thrust upon New Zealand’s second largest city. As the city-centre lay in disrepair, smaller centres started to materialise elsewhere, out of necessity. Transforming former urban peripheries and within existing suburbs into a collective, dispersed alternative to the city centre, these sub-centres prompted a range of morphological, socio-cultural and political transformations, and begged multiple questions: how to imbue these new sub-centres with gravity? How to render them a genuine alternative to the CBD? How do they operate within the wider city? How to cope with the physical and cultural transformations of this shifting urbanscape and prevent them occurring ad lib? Indeed, the success and functioning of the larger urban structure hinges upon a critical, informed response to these sub-centre urban contexts. Yet, with an unrelenting focus on the CBD rebuild - effectively a polycentric denial - little such attention has been granted.  Taking this urban condition as its premise and its provocation, this thesis investigates architecture’s role in the emergent sub-centre. It asks: what can architecture do in these urban contexts; how can architecture act upon the emergent sub-centre in a critical, catalytic fashion? Identifying this volatile condition as both an opportunity for architectural experimentation and a need for critical architectural engagement, this thesis seeks to explore the sub-centre (as an idea and actual urban context) as architecture’s project: its raison d’etre, impetus and aspiration.  These inquiries are tested through design-led research: an initial design question provoking further, broader discursive research (and indeed, seeking broader implications). The first section is a site-specific, design for Sumner, Christchurch. Titled ‘An Agora Anew’; this project - both in conception and outcome - is a speculative response to a specific sub-centre condition. The second section ‘The Sub-centre as Architecture’s Project’ explores the ideas provoked by the design project within a discursive framework. Firstly it identifies the sub-centre as a context in desperate need of architectural attention (why architecture?); secondly, it negotiates a possible agenda for architecture in this context through terms of engagement that are formal, critical and opportunistic (how architecture?): enabling it to take a position on and in the sub-centre. Lastly, a critical exegesis positions the design in regards to the broader discursive debate: critiquing it an architectural project predicated upon the idea of the sub-centre.  The implications of this design-led thesis are twofold: firstly, for architecture’s role in the sub-centre (especially to Christchurch); secondly for the possibilities of architecture’s productive engagement with the city (largely through architectural form), more generally. In a century where radical, new urban contexts (of which the sub-centre is just one) are commonplace, this type of thinking – what can architecture do in the city? - is imperative.

Research papers, Victoria University of Wellington

Following devastating earthquakes in 2010 and 2011 in Christchurch, there is an opportunity to use sustainable urban design variables to redevelop the central city in order to address climate change concerns and reduce CO₂ emissions from land transport. Literature from a variety of disciplines establishes that four sustainable urban design variables; increased density, mixed-use development, street layout and city design, and the provision of sustainable public transport, can reduce car dependency and vehicle kilometres travelled within urban populations- widely regarded as indicators of the negative environmental effects of transport.  The key question for the research is; to what extent has this opportunity been seized by NZ’s Central Government who are overseeing the central city redevelopment? In order to explore this question the redevelopment plans for the central city of Christchurch are evaluated against an adapted urban design matrix to determine whether a reduction in CO₂ emissions from land transport is likely to be achieved through their implementation. Data obtained through interviews with experts is used to further explore the extent to which sustainable urban design variables can be employed to enhance sustainability and reduce CO₂ emissions.  The analysis of this data shows that the four urban design variables will feature in the Central Government’s redevelopment plans although the extent to which they are employed and their likely success in reducing CO₂ emissions will vary. Ultimately, the opportunity to redevelop the central city of Christchurch to reduce CO₂ emissions from land transport will be undermined due to timeframe, co-ordination, and leadership barriers.

Research papers, Victoria University of Wellington

The whare whakairo or traditional Māori meeting house plays an important part in Māori society and identity. These whare tell the tale of their origin, and in so doing, the origins of their people. The analysis of the meeting house, the histories expressed in its decorative carvings and structural elements are inextricably linked with and dependent upon the structure of the world created by myth and the Māori worldview. However, due to the deleterious effects of colonisation, the art of wood carving and associated architectural practices - central to Māori identity, suffered decline in many parts of the country, leading to the decline of Māori culture and identity. Sir Apirana Ngata instigated the National Institute of Māori Arts and Crafts to resurrect the dying art of Māori carving and carved houses would be a catalyst for the restoration of Māori culture throughout the country. Ngata saw these whare whakairo as being the heart of Māori communities by establishing a renewed sense of belonging and identification with space for Māori, through the telling of tribal histories and emphasising key geographical features. New threats in the form of global hegemony and urbanisation have further impacted on Māori notions of identity, creating a generation of displaced urban Māori youth. This research proposes to establish an architectural response to capture displaced Māori youth through the resurrection of the Māori carving school and return to them the lost stories of their cultural history and identity. This program will be developed within the complex challenges that exist within post-earthquake Ōtautahi/Christchurch, where many have lost homes and livelihoods, especially Māori youth in the Eastern Suburbs. The building elements of the proposed Māori carving school give reference to the historio-cultural features of the original Ōtautahi/Christchurch landscape that are situated in tribal song and myth. It is envisioned that the development of a Māori carving school will help restore Māori identity and a renewed sense of belonging, and allow for the telling of this generations stories through traditional narratives.

Research papers, Victoria University of Wellington

Located on the edge of two tectonic plates, New Zealand has numerous fault lines and seismic risk across the whole country. The way this risk is communicated affects whether people prepare effectively or at all. Research has shown that perceptions of risk are affected by slight changes in wording, and that probabilities commonly reported by experts and media are often interpreted subjectively based on context. In the context of volcanoes, research has found that given a certain probability of a volcano in a specific time window, people perceive risk as higher in later time intervals within that window. The present study examines this pattern with regard to earthquakes and aftershocks in the New Zealand context. Participants in both Wellington (N = 102) and Christchurch (N = 98) were presented an expert statement of earthquake risk within a given time window in Wellington and aftershock risk in Christchurch, and asked to rate their perception of risk in specific intervals across the time window. For a Wellington earthquake, participants perceived risk as incrementally higher toward the end of the 50 year time window whereas for a Christchurch aftershock, risk perception increased slightly for the first three intervals of the 12 month time window. Likelihood of preparing was constant over the time windows, with Wellington citizens rating themselves more likely than Christchurch citizens to prepare for either an earthquake or aftershock, irrespective of current level of preparedness. These findings suggest that people view earthquakes as more likely later toward the end of a given time window and that they view aftershocks very differently to scientific predictions.

Research papers, Victoria University of Wellington

When the devastating 6.3 magnitude earthquake hit Christchurch, Aotearoa New Zealand, at 12.51pm on 22nd February 2011, the psychological and physical landscape was irrevocably changed. In the days and weeks following the disaster communities were isolated due to failed infrastructure, continuing aftershocks and the extensive search and rescue effort which focussed resources on the central business district. In such moments the resilience of a community is truly tested. This research discusses the role of grassroots community groups in facilitating community resilience during the Christchurch 2010/11 earthquakes and the role of place in doing so. I argue that place specific strategies for urban resilience need to be enacted from a grassroots level while being supported by broader policies and agencies.  Using a case study of Project Lyttelton – a group aspiring towards a resilient sustainable future who were caught at the epicentre of the February earthquake – I demonstrate the role of a community group in creating resilience through self-organised place specific action during a disaster. The group provided emotional care, basic facilities and rebuilding assistance to the residents of Lyttelton, proving to be an invaluable asset. These actions are closely linked to the characteristics of social support and social learning that have been identified as important to socio-ecological resilience. In addition this research will seek to understand and explore the nuances of place and identity and its role in shaping resilience to such dis-placing events. Drawing on community narratives of the displacement of place identity, the potential for a progressive sense of place as instigated by local groups will be investigated as an avenue for adaptation by communities at risk of disaster and place destabilisation.

Videos, NZ On Screen

This TVNZ doco chronicles New Zealand’s participation in 18 Empire and Commonwealth Games — beginning at Hamilton, Canada in 1930 when a Kiwi team of 18 participated in four sports. A cavalcade of gold medallists (including Yvette Williams, Dick Tayler, Anna Simcic and Neroli Fairhall) recall their glory days at the event which was set up to be “merrier and less stern” than The Olympics. Special emphasis is placed on the three New Zealand-hosted Games: at Auckland in 1950 and 1990, and Christchurch in 1974 (which hastened the local arrival of colour television).

Videos, NZ On Screen

TVNZ journalist (and future Communicado founder) Neil Roberts does an ethnomusicologist turn in this edition of "established media tries to explain what the young people are doing". His subject is NZ's fledgling punk scene which is already on its way to extinction. Much of the focus is on Auckland but Doomed lead singer (and future TV presenter/producer) Johnny Abort (aka Dick Driver) flies the flag for the south. The Stimulators, Suburban Reptiles and Scavengers play live and punk fans pogo and talk about violence directed at them (from "beeries").   

Videos, NZ On Screen

The Ballantynes' Department Store fire in November 1947 claimed 41 lives and left a lasting scar on Christchurch — the city’s biggest single disaster until the 2011 earthquake. The events of that spring day are explored in this short film which intersperses archive footage with a fictional account of workers and customers in the tailoring department as the dramas of everyday life are suddenly overwhelmed. It was directed by Aileen O’Sullivan, shot by Alun Bollinger and made with the NZ Drama School graduating class of 2002 (with music by Gareth Farr).

Videos, NZ On Screen

Gerard Smyth's acclaimed documentary about the Christchurch earthquakes is the story of people coping — for better or worse — with the huge physical and emotional toll that the quakes, and continuing aftershocks, inflicted on them, their homes and their city. It began as a home movie while the devastation of September was surveyed (with thanks given that no-one had been killed); but, as shooting of the recovery continued, the February quake compounded the destruction and claimed 182 lives (including their researcher and 16 colleagues at CTV).

Videos, NZ On Screen

Chimney Book takes rubble from the Christchurch earthquake, and turns it into the building blocks of a film exploring life in the quake zone. Christchurch musician Blair Parkes took bricks from his chimney — destroyed in the 22 February 2011 aftershocks — painted a letter or symbol on each, then scanned them into his computer. Sound and word form the spine of the result, which is part diary, part experimental film. Parkes explores his experiences of living in Christchurch since the quake through words like 'dust', 'memory', 'place', and a question: 'is it over?'

Videos, NZ On Screen

New Zealand television's longest running children's show turns 30 with a two hour live extravaganza — far removed from its modest, half hour beginnings back in 1981. Current hosts Charlie, Johnson and Gem are joined by a parade of past presenters who reminisce, and compete to find the show's best decade. Masterchef finalist Jax Hamilton provides snacks, and celebrities send greetings. In amongst the cupcakes, gunge, fart jokes and mayhem, the programme enters its fourth decade as an institution, watched by the children of its original audience.

Videos, NZ On Screen

This promotional travelogue, made for the Christchurch City Council, shows off the city and its environs. Filmed at a time when New Zealand’s post-war economy was booming as it continued its role as a farmyard for the “Old Country”, it depicts Christchurch as a prosperous city, confident in its green and pleasant self-image as a “better Britain” (as James Belich coined NZ’s relationship to England), and architecturally dominated by its cathedrals, churches and schools. Many of these buildings were severely damaged or destroyed in the earthquakes of 2010 and 2011.

Videos, NZ On Screen

TVNZ's long running religious and choral music programme visits Christchurch's Anglican cathedral. Before its devastation by earthquakes, it was the centre of the city and one of the most celebrated of its great Gothic buildings. It could also claim to be "the most visited, the most accessible and best known church in New Zealand". Host Graeme Thomson explores the cathedral, its chapels and bell tower and outlines its history. He interviews Dean John Bluck and introduces hymns and songs of praise sung by the cathedral's choir and an ecumenical congregation.

Videos, NZ On Screen

The Mainland Touch was a popular regional news magazine programme broadcast from Christchurch between 1980 until 1990. In excerpts here, Christchurch Botanic Gardens welcomes the arrival of spring with a daffodil festival while local gardening groups prepare a floral carpet. The Wizard of Christchurch battles Telecom over the colour of phone boxes and joins opponents of a proposed restaurant tower in Victoria Square. Punting on the Avon is extended, and a cockatoo hitches a ride in the garden city.

Videos, NZ On Screen

This 2011 episode of the Russell Brown-fronted media commentary show examines how Christchurch is dealing with the aftermath of two devastating earthquakes. First up: the CEISMIC Digital Archive is working to preserve the memories and experiences of Cantabrians, and The Press editor Andrew Holden explains why his newspaper is donating everything it has published to the project. Then CERA CEO Roger Sutton talks about the key role of media relations, and filmmaker Gerard Smyth describes shooting his acclaimed chronicle of the quakes: When a City Falls.

Videos, NZ On Screen

In this episode of the influential NZ architecture series, dapper tour guide David Mitchell looks at the 'Christchurch Style'. He begins with the humble baches on Taylor's Mistake's cliffs, before focusing on the Euro-influenced brutalism of Miles Warren and the "flamboyant" practice of Peter Beaven (earthquake victims SBS House, and Lyttelton Tunnel's "fifth ship" are featured); and the cottage's modern descendent: Don Donnithorne's post-war home. Warren intriguingly compares his process designing Christchurch Town Hall with Jørn Utzon's Sydney Opera House.

Videos, NZ On Screen

The movie that won splatter king Peter Jackson mainstream respectability was born from writer Fran Walsh's long interest in the Parker-Hulme case: two 1950s teens who invented imaginary worlds, wrote under imaginary personas, and murdered Pauline Parker's mother. Jackson and Walsh's vision of friendship, creativity and tragedy was greeted with Oscar nominations, deals with indie company Miramax, and rhapsodic acclaim for the film, and newbie actors Melanie Lynskey and Kate Winslet. Time magazine and 30 other publications named it one of the year's 10 best films.

Videos, NZ On Screen

This edition of the long-running National Film Unit magazine series goes from south to north, then loops the loop. In Christchurch the cathedral and its history are toured and a service for Queen Elizabeth II is shown. Then there’s international get-togethers: a “Jaycees” congress in Rotorua; then Massey, for a Grasslands Conference. At Milson Aerodrome legless British war-hero Douglas Bader is amongst the attendees at the world’s first International Agricultural Aviation Show, and top-dressers demonstrate their “need for speed” skills above a hill country farm.

Videos, NZ On Screen

Phillip Schofield introduces The Mockers at this benefit concert at the Christchurch Town Hall, which was later broadcast on Schofield's youth music show Shazam!. Their first album has just gone straight into the Top 10 and the band are well on their way to becoming pop stars, with Andrew Fagan, resplendent in red frock coat and bare chest, very much out front as one of Kiwi music's great showmen. Six songs are featured — including the hits 'Woke Up Today', 'My Girl Thinks She's Cleopatra', 'Alvison Park' and the title track of the band's 1984 album Swear It's True.

Videos, NZ On Screen

RWP reporter/director Brent Hansen (later head of MTV Europe) visits the South Island: checking venues, talking to local luminaries, catching live bands and generally taking the pulse of the local music scene. Flying Nun is on the rise (and just starting to attract international attention) although none of the label's major acts are playing near the RWP cameras. Christchurch is in flux waiting on the next big pop act to emerge, while Dunedin is a hive of activity with a new generation of Flying Nun acts starting to come through. Then there's Crystal Zoom...

Videos, NZ On Screen

This NZBC religious programme goes where TV cameras had never gone before: behind the walls of the Carmelite monastery in Christchurch. There, it finds a community of 16 Catholic nuns, members of a 400-year-old order, who have shut themselves off from the outside world to lead lives devoted to prayer, contemplation and simple manual work. Despite their seclusion, the sisters are unphased by the intrusion and happy to discuss their lives and their beliefs; while the simplicity and ceremony of their world provides fertile ground for the monochrome camerawork.

Videos, NZ On Screen

Set during the 1974 Commonwealth Games, The Games Affair was a thriller fantasy series for children. Remembered fondly by many who were kids in the 70s, the story follows three teenagers who battle a miscreant professor who's experimenting on athletes with performance enhancing drugs. This first episode include some SFX jumping sheep; John Bach as a blonde, grunting villain, and a youthful Elizabeth McRae. It was NZ telly's first children's serial, the first independently produced long-form drama, and an early credit for producer John Barnett.

Videos, NZ On Screen

This documentary, made by TVNZ’s Natural History Unit (now NHNZ), charts the progress of the nor'west wind from its formation in the Tasman Sea across the Southern Alps to the Canterbury Plains and the east coast of the South Island. Along the way it dumps metres of precipitation on West Coast rain forest and snow on the Alps, then transforms to a dry, hot wind racing across the Plains. The film shows the wind's impact on the ecosystem and farming and muses on the mysterious effect it can have on humans. It screened as part of the beloved Wild South series.  

Videos, NZ On Screen

A Week of It was a pioneering comedy series that entertained and often outraged audiences over three series from 1977 to 1979. The writing team, led by David McPhail, AK Grant, Jon Gadsby, Bruce Ansley, Chris McVeigh and Peter Hawes, took irreverent aim at topical issues and public figures of the day. Amongst notable impersonations was McPhail's famous aping of Prime Minister Rob Muldoon; a catchphrase from a skit — "Jeez, Wayne" — entered NZ pop culture. The series won multiple Feltex Awards and in 1979 McPhail won Entertainer of the Year.  

Research papers, Victoria University of Wellington

Natural disasters are often unpredictable and are happening frequently. Some natural disasters cause damage to communities, resulting in displaced individuals. Due to this there is a need for shelter, however, there are many unknown factors. These include unknown demographics, a strain on time, cost, and resources, and the unknown location. This study begins by identifying a lack of identity and personality in existing post-disaster shelter designs, including the example of Linwood Park from the Christchurch 2011 earthquake. Further research shows the lack of personalisation within shelters, along with addressing key requirements needed for shelters. While providing the basic needs is essential, this thesis also addresses how personalisation can impact a space. Taking bach architecture as a driver for a basic, yet unique approach to temporary accommodation, Lake Clearwater Settlement was used as a case study. Through surveys, interviews, and a reflective design process, the importance of embracing identity emerges as a key element in fostering dignity, livelihood, and a sense of self in displaced individuals.This thesis explores innovative approaches to post-disaster shelter design with a focus on accommodating the unique needs and individuality of displaced individuals. From challenging conventional shelter concepts to embracing self-design and community involvement, the research addresses the question of how interior and exterior features can cater to the diverse requirements of those affected by natural disasters.

Research papers, Victoria University of Wellington

New Zealand has a housing crisis. High land prices and high construction costs have all contributed to unaffordable housing. Additionally, the New Zealand dream of the "quarter acre section" lifestyle that has encouraged urban sprawl throughout our major cities with increasingly unsustainable services, transport and road costs. New and exciting housing options need to be explored for urban areas. Christchurch is a city in New Zealand where urban sprawl has always been prevalent. In the wake of the 2010/2011 earthquakes sprawl increased further, relocating large suburban areas yet further away from the city centre. This has caused a greater reliance on cars, and a slower revival to the city. Historically there is an aversion to higher density living. Perceived desirability is a large factor. The medium to high density solutions produced thus far have little regard for the concept of "home", with the use of substandard materials, and monotonous and repetitive design, and essentially falling short of addressing the needs of New Zealand's increasing population. "A Home with a View" looks to address the needs of New Zealanders and Christchurch, through the individual tower-house within an overarching tower-housing neighbourhood development. The design as research thesis develops a medium density tower-housing neighbourhood as a mini city-scape, through the exploration of the tower-house as an intimate space to live and observe from. Tower-housing has the potential to create a delightful, lively neighbourhood environment that contributes to quirky, new, and exciting housing options for New Zealand. The tower-house creates desire through unconventional lifestyle and highlights engaging solutions to an individual vertical housing type.

Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

Aotearoa has undoubtedly some of the most beautiful landscapes in the world, a privilege for its inhabitants. However, as our cities have developed post-colonisation, the connection between the natural environment and its occupants has diminished. Designers play a vital role within an ever evolving world to progress the built environment in a way that reflects and restores vital values that have been deprioritised. Future practice should prioritise diversity, care for the land, enhancement of community space, and sustainable practices. This research sets out to demonstrate that new design methodologies can encourage kaitiakitanga, whilst meeting the needs of urban public space. Initially through critical analysis and literature based research, a study of Ōtautahi Christchurch, the South Island’s largest city, was undertaken. The principles of a ‘15 minute city’ were also explored and applied to the city, establishing issues within the built environment that drove the overall research direction. Through the tools of critical reflection and a research through design methodology, a design toolkit was constructed. This toolkit sets out to provide designers with a simple streamlined method of developing urban interventions that are sustainable and beneficial for human well-being. The toolkit incorporates an abstraction of the ‘15 minute city’ ideology and introduces the concepts of evolving green transportation routes within cities. Ōtautahi Christchurch, a city with a significant history of earthquake-caused damage, was chosen as the primary site for the application of this research’s proposed toolkit. The city becomes a canvas for an urban rebuild that explores and aims to set a precedent for a progressive 21st-century city. A key finding as the toolkit research developed was the idea of a ‘temporary’ phase or intervention, being added to traditional design methodologies prior to permanent building. The research explains how this temporary phase could more actively engage diverse user groups and create active conversations between communities and designers. The refined toolkit sets outs proposed timeline phases, methods of site analysis and development of design drivers. Alongside this, a modular architectural system establishes a design proposal for the temporary phase of an individual site within an evolving green route. This outcome provides further opportunity for realistic testing, which would actively involve communities and aims to shift our priorities within urban development. The introduction of the ‘temporary’ phase is beneficial in mitigating psychological implications on people and limiting physical impacts on the landscape. The final design stage of the thesis applied the toolkit process to three sites in Ōtautahi Christchurch. Through a holistic lens, the toolkit framework set out methods to collate information that provides guidance for development on the sites. While some layers are initiated simply by recognising site characteristics, others are informed through software such as GIS. Connected by a proposed green transport route, the three initial sites are developed with temporary interventions that utilise the modular design set out previously in the research. Contextualising the interventions on real world sites tested the flexibility of the system and allowed for critical reflection on the applicability of the toolkit to Aotearoa. The research concludes by identifying future research opportunities and speculates on possible applications of its findings within the real world. Temporary Permanence highlights the significant role that we, as designers, have in shifting urban priorities to create more holistic, sustainable, and inclusive cities for people and the planet.

Research papers, Victoria University of Wellington

A natural disaster will inevitably strike New Zealand in the coming years, damaging educational facilities. Delays in building quality replacement facilities will lead to short-term disruption of education, risking long-term inequalities for the affected students. The Christchurch earthquake demonstrated the issues arising from a lack of school planning and support. This research proposes a system that can effectively provide rapid, prefabricated, primary schools in post-disaster environments. The aim is to continue education for children in the short term, while using construction that is suitable until the total replacement of the given school is completed. The expandable prefabricated architecture meets the strength, time, and transport requirements to deliver a robust, rapid relief temporary construction. It is also adaptable to any area within New Zealand. This design solution supports personal well-being and mitigates the risk of educational gaps, PTSD linked with anxiety and depression, and many other mental health disorders that can impact students and teachers after a natural disaster.

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.