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.
We measure the longer-term effect of a major earthquake on the local economy, using night-time light intensity measured from space, and investigate whether insurance claim payments for damaged residential property affected the local recovery process. We focus on the destructive Christchurch earthquake of 2011 as our case study. In this event more than 95% of residential housing units were covered by insurance, but insurance payments were staggered over 5 years, enabling us to identify their local impact. We find that night-time luminosity can capture the process of recovery and describe the recovery’s determinants. We also find that insurance payments contributed significantly to the process of economic recovery after the earthquake, but delayed payments were less affective and cash settlement of claims were more affective in contributing to local recovery than insurance-managed rebuilding.
We estimate the causal effects of a large unanticipated natural disaster on high schoolers’ university enrolment decisions and subsequent medium-term labour market outcomes. Using national administrative data after a destructive earthquake in New Zealand, we estimate that the disaster raises tertiary education enrolment of recent high school graduates by 6.1 percentage points. The effects are most pronounced for males, students who are academically weak relative to their peers, and students from schools directly damaged by the disaster. As relatively low ability males are overrepresented in sectors of the labour market helped by the earthquake, greater demand for university may stem from permanent changes in deeper behavioural parameters such as risk aversion or time preference, rather than as a coping response to poor economic opportunities.
During the 2011 M7.8 Kaikōura earthquake, ground motions recorded near the epicentre showed a significant spatial variation. The Te Mara farm (WTMC) station, the nearest to the epicentre, recorded 1g and 2.7g of horizontal and vertical peak ground accelerations (PGA), respectively. The nearby Waiu Gorge (WIGC) station recorded a horizontal PGA of 0.8g. Interestingly, however, the Culverden Airlie Farm (CULC) station that was very closely located to WIGC recorded a horizontal PGA of only 0.25g. This poster demonstrates how the local geological condition could have contributed to the spatially variable ground motions observed in the North Canterbury, based on the results of recently conducted geophysical investigations. The surficial geology of this area is dominated by alluvial gravel deposits with traces of silt. A borehole log showed that the thickness of the sediments at WTMC is over 76 metres. Interestingly, the shear wave velocity (Vs) profiles obtained from the three strong motion sites suggest unusually high shear wave velocity of the gravelly sediments. The velocity of sediments and the lack of clear peaks in the horizontal-to-vertical (H/V) spectral ratio at WTMC suggest that the large ground motion observed at this station was likely caused by the proximity of the station to the causative fault itself; the site effect was likely insignificant. Comparisons of H/V spectral ratios and Vs profiles suggest that the sediment thickness is much smaller at WIGC compared with CULC; the high PGA at WIGC was likely influenced by the high-frequency amplification caused by the response of shallow sediments.
