For over a decade, an irreplaceable ring laser has been trapped in a cavern 30m below Christchurch port hills. The Carl Zeiss laser was installed in an old World War Two bunker in 1997 until a rockfall after the 2011 Christchurch earthquake sealed the cavern. But now it's been rescued and is fully operational. Professor Jon-Paul Wells is the principal investigator on the ring laser project.
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.