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Audio, Radio New Zealand

In the hours after the February 2011 Canterbury earthquake, Chessie Henry's father Chris Henry, a Kaikoura-based doctor, crawled into makeshift tunnels in the collapsed CTV building to rescue the living and look for the dead. Six years later, Chessie interviewed Chris in an attempt to understand the trauma that lead her father to burnout. In her book just published, We Can Make A Life: A memoir of family, earthquakes and courage, Chessie Henry considers the psychological cost of heroism and unravels stories and memories from her family history.

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.