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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.
While societal messages can encourage an unhealthy strive for perfection, the notion of embracing individual flaws and openly displaying vulnerabilities can appear foreign and outlandish. However, when fallibility is acknowledged and imperfection embraced, intimate relationships built on foundations of acceptance, trust and understanding can be established. In an architectural context, similar deep-rooted connections can be formed between a people and a place through the retention of layers of historical identity. When a building is allowed to age with blemishes laid bare for all to see, an architectural work can exhibit a sense of 'humanising vulnerability' where the bruises and scars it bears are able to visually communicate its contextual narrative. This thesis explores the notion of designing to capitalise on past decay through revitalisation of the former Wood Brothers Flour Mill in Addington, Christchurch (1891). Known as one of the city's last great industrial buildings, the 130-year-old structure remains hugely impressive due to its sheer size and scale despite being abandoned and subject to vandalism for a number of years. Its condition of obsolescence ensured the retention of visible signs of wear and tear in addition to the extensive damage caused by the 2010-12 Canterbury earthquakes. In offering a challenge to renovation and reconstruction as a means of conservation, this thesis asks if 'doing less' has the potential to 'do more'. How can an understanding of architecture as an ongoing process inform a design approach to celebrate ageing and patina? While the complex is undergoing redevelopment at the time of writing, the design project embraces the condition of the historic buildings in the immediate aftermath of the earthquakes and builds upon the patina of the mill and adjacent flour and grain store in developing a design for their adaptation as a micro-distillery. Research into the traditional Japanese ideology of wabi-sabi and its practical applications form the basis for a regenerative design approach which finds value in imperfection, impermanence and incompleteness. The thesis combines a literature review, precedent review and site analysis together with a design proposal. This thesis shows that adaptive reuse projects can benefit from an active collaboration with the processes of decay. Instead of a mindset where an architectural work is considered the finished article upon completion of construction, an empathetic and sensitive design philosophy is employed in which careful thought is given to the continued preservation and evolution of a structure with the recognition that evidence of past wear, tear, patina and weathering can all contribute positively to a building's future. In this fashion, rather than simply remaining as relics of the past, buildings can allow the landscape of their urban context to shape and mould them to ensure that their architectural experience can continue to be enjoyed by generations to come.
This thesis aims to find a new weld sizing criterion for the steel construction industry in New Zealand. Current standards, such as NZS 3404, ANSI/AISC 360-16, and Eurocode 3 use a factor of 0.6 to calculate weld capacity from the weld metal’s ultimate tensile strength (UTS). This difference between weld capacity and UTS is thought to have arisen from the need for a large factor of safety to ensure welds perform correctly during an earthquake. The events in Christchurch proved that this criterion was able to work as intended. Several papers have been published by P. Dong from University of Michigan, and alongside other researchers, they investigate a new definition of weld shear strength by using a traction stress-based method. This new method not only allows realistic angles of weld fracture to be investigated, but also different weld geometries such as partial penetration butt welds. Ongoing research at HERA is showing how this welding technique is a more economical option than larger fillet welds with similar performance. For this thesis a range of sample types were statically tested until failure. UTS of several weld metals was found and then compared with transverse shear results to see if 0.6 is indeed correct. It was found that if the results from the standardized transverse shear samples was used, this ratio could be increased to 1.0. But if the results from cruciform joint samples was used, which still load the weld in a transverse direction but with a higher stress concentration, required the ratio to be 0.8 for welds that could be welded with a single pass, and decreased further to 0.75 for large welds with 3 passes. Two types of partial penetration butt weld (PPBW) geometries were compared to a comparatively sized fillet weld. These tests showed the PPBWs were the best performers, with all PPBWs surviving testing compared to only 33% of fillet welds.