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.
For 150,000 Christchurch school students, the 12.51 pm earthquake of 22 February 2011 shattered their normal lunch time activities and thrust their teachers into the role of emergency first responders. Whether helping students (children) escape immediate danger, or identifying and managing the best strategies for keeping children safe, including provision of extended caregiving when parents were unable to return to school to retrieve their children, teachers had to manage their own fears and trauma reactions in order to appear calm and prevent further distress for the children in their care. Only then did teachers return to their families. Eighteen months later, twenty teachers from across Christchurch, were interviewed. At 12.51pm, the teachers were essentially first responders. Using their usual methods for presenting a calm and professional image, the teachers’ emotion regulation (ER) strategies for managing their immediate fears were similar to those of professional first responders, with similar potential for subsequent burnout and negative emotional effects. Teachers’ higher emotional exhaustion and burnout 18 months later, were associated with school relocation. Lower burnout was associated with more emotional awareness, ER and perceived support. Consistent with international research, teachers’ use of cognitive reappraisal (re-thinking a situation) was an effective ER strategy, but this may not prevent teachers’ emotional resources from eventually becoming depleted. Teachers fulfill an important role in supporting children’s psychosocial adjustment following a natural disaster. However, as also acknowledged in international research, we need to also focus on supporting the teachers themselves.
Hon PAULA BENNETT to the Prime Minister: Does he have confidence in all his Ministers? WILLOW-JEAN PRIME to the Minister of Finance: Will this Government’s policies help transition the economy; if so, how? Hon AMY ADAMS to the Associate Minister of Finance: What is the purpose of the Overseas Investment Amendment Bill? Hon MARK MITCHELL to the Minister of Justice: Does he stand by his statement in answer to Oral Question No 8 on Tuesday that “The member is alluding to the offender I referred to in a question last week, relating to the pinching of a prison officer’s bottom”? Dr DUNCAN WEBB to the Minister for Greater Christchurch Regeneration: What announcements has she made about learning the lessons from the Canterbury earthquake sequence to help New Zealanders prepare for the future? Hon PAULA BENNETT to the Minister for Women: Is it her responsibility to stand up for and improve the outcomes for women in New Zealand? PRIYANCA RADHAKRISHNAN to the Minister for Social Development: Will low- and middle-income families be better off because of the Families Package; if so, how? JAMI-LEE ROSS to the Minister of Transport: Does he stand by all his statements, actions, and legislative drafting instructions on matters to do with fuel taxes? ANGIE WARREN-CLARK to the Minister for the Environment: Is the Government assisting the primary sector and regional councils in measuring nutrient use and greenhouse gas emissions; if so, how? Hon ALFRED NGARO to the Minister for Children: Does she stand by her Ministry’s policies and actions in finding caregivers for children in care? Hon Dr NICK SMITH to the Minister for Ethnic Communities: Are the statements in the Onehunga Community News that “The Office of Ethnic Communities is moving into premises in Onehunga, which will be shared with list MP Priyanca Radhakrishnan” and the quote by her parliamentary under-secretary saying, “We’ve boosted support that we’re providing in terms of connecting with ethnic communities, so we have more staff members working in our ethnic communities’ outreach teams” correct? MARK PATTERSON to the Minister for Trade and Export Growth: What announcements has the Government made regarding trade with the European Union?
