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.
Natural hazard reviews reveal increases in disaster impacts nowhere more pronounced than in coastal settlements. Despite efforts to enhance hazard resilience, the common trend remains to keep producing disaster prone places. This paper explicitly explores hazard versus multi-hazard concepts to illustrate how different conceptualizations can enhance or reduce settlement resilience. Understandings gained were combined with onthe-ground lessons from earthquake and flooding experiences to develop of a novel ‘first cut’ approach for analyzing key multi-hazard interconnections, and to evaluate resilience enhancing opportunities. Traditional disaster resilience efforts often consider different hazard types discretely. However, recent events in Christchurch, a New Zealand city that is part of the 100 Resilient Cities network, highlight the need to analyze the interrelated nature of different hazards, especially for enhancing lifelines system resilience. Our overview of the Christchurch case study demonstrates that seismic, hydrological, shallow-earth, and coastal hazards can be fundamentally interconnected, with catastrophic results where such interconnections go unrecognized. In response, we have begun to develop a simple approach for use by different stakeholders to support resilience planning, pre and post disaster, by: drawing attention to natural and built environment multi-hazard links in general; illustrating a ‘first cut’ tool for uncovering earthquake-flooding multi-hazard links in particular; and providing a basis for reviewing resilience strategy effectiveness in multi-hazard prone environments. This framework has particular application to tectonically active areas exposed to climate-change issues.
Livelihood holds the key to a rapid recovery following a large-scale devastating disaster, building its resilience is of paramount importance. While much attention has been given to how to help people who are displaced from their jobs to regain employment, little research on livelihood resilience has been undertaken for those relocated communities following a disaster event. By studying five re-located villages post-2004 Indian Ocean Tsunami in Banda Aceh and Aceh Besar, Indonesia, this research has identified the indicators of livelihood resilience and the critical factors driving it for post-disaster relocated communities. A mixed approach, combining questionnaire surveys, semistructured interviews, and field observations, was used for the collection of data. Housing entitlement, the physical and mental health of residents, access to external livelihood support and the provision of infrastructure and basic services were identified as amongst the most critical indicators that represent the level of livelihood resilience. Early recovery income support, physical and mental health, availability and timeliness of livelihood support, together with cultural sensitivity and governance structure, are amongst the most important factors. Given the nature of resettlement, access to infrastructure, location of relocated sites, the safety of the neighbourhood and the ability to transfer to other jobs/skills also play an important role in establishing sustained employment for relocated communities in Indonesia. Those indicators and factors were synthesised into a framework which was further tested in the recovery of Christchurch, and Kaikoura, New Zealand during their recovery from devastating earthquakes. It is suggested that the framework can be used by government agencies and aid organisations to assess the livelihood resilience of post-disaster relocated communities. This will help better them plan support policies and/or prioritise resilience investment strategies to ensure that the recovery needs of those relocated are best met.
Farming and urban regions are impacted by earthquake disasters in different ways, and feature a range of often different recovery requirements. In New Zealand, and elsewhere, most earthquake impact and recovery research is urban focused. This creates a research deficit that can lead to the application of well-researched urban recovery strategies in rural areas to suboptimal effect. To begin to reduce this deficit, in-depth case studies of the earthquake impacts and recovery of three New Zealand farms severely impacted by the 14th November 2016, M7.8 Hurunui-Kaikōura earthquake were conducted. The initial earthquake, its aftershocks and coseismic hazards (e.g., landslides, liquefaction, surface rupture) affected much of North Canterbury, Marlborough and the Wellington area. The three case study farms were chosen to broadly represent the main types of farming and topography in the Hurunui District in North Canterbury. The farms were directly and indirectly impacted by earthquakes and related hazards. On-farm infrastructure (e.g., woolsheds, homesteads) and essential services (e.g., water, power), frequently sourced from distributed networks, were severely impacted. The earthquake occurred after two years of regional drought had already stressed farm systems and farmers to restructuring or breaking point. Cascading interlinked hazards stemming from the earthquakes and coseismic hazards continued to disrupt earthquake recovery over a year after the initial earthquake. Semi-structured interviews with the farmers were conducted nine and fourteen months after the initial earthquake to capture the timeline of on-going impacts and recovery. Analysis of both geological hazard data and interview data resulted in the identification of key factors influencing farm level earthquake impact and recovery. These include pre-existing conditions (e.g., drought); farm-specific variations in recovery timelines; and resilience strategies for farm recovery resources. The earthquake recovery process presented all three farms with opportunities to change their business plans and adapt to mitigate on-going and future risk.
The nonlinear dynamic soil-foundation-structure interaction (SFSI) can signifi cantly affect the seismic response of buildings, causing additional deformation modes, damage and repair costs. Because of nonlinear foundation behaviour and interactions, the seismic demand on the superstructure may considerably change, and also permanent deformations at the foundation level may occur. Although SFSI effects may be benefi cial to the superstructure performance, any advantage would be of little structural value unless the phenomenon can be reliably controlled and exploited. Detrimental SFSI effects may also occur, including acceleration and displacement response ampli cation and differential settlements, which would be unconservative to neglect. The lack of proper understanding of the phenomenon and the limited available simpli ed tools accounting for SFSI have been major obstacles to the implementation of integrated design and assessment procedures into the everyday practice. In this study concepts, ideas and practical tools (inelastic spectra) for the seismic design and assessment of integrated foundation-superstructure systems are presented, with the aim to explicitly consider the impact of nonlinearities occurring at the soil-foundation interface on the building response within an integrated approach, where the foundation soil and superstructure are considered as part of an integrated system when evaluating the seismic response, working synergically for the achievement of a target global performance. A conceptual performance-based framework for the seismic design and assessment of integrated foundation-superstructure systems is developed. The framework is based on the use of peak and residual response parameters for both the superstructure and the foundation, which are then combined to produce the system performance matrix. Each performance matrix allows for worsening of the performance when different contributions are combined. An attempt is made to test the framework by using case histories from the 2011 Christchurch earthquake, which are previously shown to have been severely affected by nonlinear SFSI. The application highlights the framework sensitivity to the adopted performance limit states, which must be realistic for a reliable evaluation of the system performance. Constant ductility and constant strength inelastic spectra are generated for nonlinear SFSI systems (SDOF nonlinear superstructure and 3DOF foundation allowing for uplift and soil yielding), representing multistorey RC buildings with shallow rigid foundations supported by cohesive soils. Different ductilities/strengths, hysteretic rules (Bi-linear, Takeda and Flag-Shape), soil stiffness and strength and bearing capacity factors are considered. Footings and raft foundations are investigated, characterized respectively by constant (3 and 8) and typically large bearing capacity factors. It is confi rmed that when SFSI is considered, the superstructure yielding force needed to satisfy a target ductility for a new building changes, and that similarly, for an existing building, the ductility demand on a building of a given strength varies. The extent of change of seismic response with respect to xed-base (FB) conditions depends on the class of soils considered, and on the bearing capacity factor (SF). For SF equal to 3, the stiffer soils enhance the nonlinear rotational foundation behaviour and are associated with reduced settlement, while the softer ones are associated with increased settlement response but not signi ficant rotational behaviour. On average terms, for the simplifi ed models considered, SFSI is found to be bene cial to the superstructure performance in terms of acceleration and superstructure displacement demand, although exceptions are recorded due to ground motion variability. Conversely, in terms of total displacement, a signi cant response increase is observed. The larger the bearing capacity factor, the more the SFSI response approaches the FB system. For raft foundation buildings, characterized by large bearing capacity factors, the impact of foundation response is mostly elastic, and the system on average approaches FB conditions. Well de fined displacement participation factors to the peak total lateral displacement are observed for the different contributions (i.e. peak foundation rotation and translation and superstructure displacement). While the superstructure and foundation rotation show compensating trends, the foundation translation contribution varies as a function of the moment-to-shear ratio, becoming negligible in the medium-to-long periods. The longer the superstructure FB period, the less the foundation response is signifi cant. The larger the excitation level and the less ductile the superstructure, the larger the foundation contribution to the total lateral displacement, and the less the superstructure contribution. In terms of hysteretic behaviour, its impact is larger when the superstructure response is more signifi cant, i.e. for the softer/weaker soils and larger ductilities. Particularly, for the Flag Shape rule, larger superstructure displacement participation factors and smaller foundation contributions are recorded. In terms of residual displacements, the total residual-to-maximum ratios are similar in amplitudes and trends to the corresponding FB system responses, with the foundation and superstructure contributions showing complementary trends. The impact of nonlinear SFSI is especially important for the Flag Shape hysteresis rule, which would not otherwise suffer of any permanent deformations. By using the generated peak and residual inelastic spectra (i.e. inelastic acceleration/ displacement modifi cation factor spectra, and/or participation factor and residual spectra), conceptual simplifi ed procedures for the seismic design and assessment of integrated foundation-superstructure systems are presented. The residual displacements at both the superstructure and foundation levels are explicitly considered. Both the force- and displacement-based approaches are explored. The procedures are de fined to be complementary to the previously proposed integrated performance-based framework. The use of participation factor spectra allows the designer to easily visualize the response of the system components, and could assist the decision making process of both the design and assessment of SFSI systems. The presented numerical results have been obtained using simpli ed models, assuming rigid foundation behaviour and neglecting P-Delta effects. The consideration of more complex systems including asymmetry in stiffness, mass, axial load and ground conditions with a exible foundation layout would highlight detrimental SFSI effects as related to induced differential settlements, while accounting for PDelta effects would further amplify the displacement response. Also, the adopted acceleration records were selected and scaled to match conventional design spectra, thus not representing any response ampli cation in the medium-to-long period range which could as well cause detrimental SFSI effects. While these limitations should be the subject of further research, this study makes a step forward to the understanding of SFSI phenomenon and its incorporation into performance-based design/assessment considerations.
