The story of a rugby mad church cleric, his neglected wife and a widowed publican. Read time approximately 26 minutes. He was a widower and father of two children. She was a cleric’s wife, te…
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.
MARAMA DAVIDSON to the Prime Minister: Ka tū a ia i runga i tana kōrero mō te iti rawa o te mahi haumi i roto ratonga tūmataiti, ā, nā runga i tērā, “we didn't know it would be this bad” ā, mēnā kua pēnei rawa, ka pēhea te nui o te iti rawa o te mahi haumi nei? Translation: Does she stand by her statement on underinvestment in public services that “we didn't know it would be this bad”, and if so, how significant is this underinvestment? Hon SIMON BRIDGES to the Prime Minister: Does she stand by all her Government’s policies and actions? Hon AMY ADAMS to the Minister of Finance: Is he committed to reducing core Crown net debt to 20 percent of GDP by 30 June 2022? Dr DEBORAH RUSSELL to the Minister of Finance: What recent reports has he seen on the state of the New Zealand economy? Hon MICHAEL WOODHOUSE to the Minister of Health: Does he stand by all his statements and actions? JAMI-LEE ROSS to the Minister of Transport: What is the total increased level of funding for the Public Transport activity class for the next 10 years if the mid-point level of funding proposed in the draft Government Policy Statement in the 2018/19 year continues at that level for 10 years without increase; and can he confirm that when that increased funding is added together with mid-point level funding for the new Rapid Transit and Transitional Rail activity classes over 10 years, the total new and increased funding for these three activity classes is $5.398 billion? Dr DUNCAN WEBB to the Minister responsible for the Earthquake Commission: What reports has she seen about the financial impact of remedial repairs in Canterbury by EQC? Hon NATHAN GUY to the Minister of Agriculture: Does he stand by all his Government’s actions in the agricultural sector? Hon PAULA BENNETT to the Minister of Employment: Does he stand by all his policies, statements, and actions? JAN TINETTI to the Minister of Education: What funding challenges does the early child education sector face? BRETT HUDSON to the Minister for Government Digital Services: Does she agree with the comment made by ICT veteran and expert in the industry, Ian Apperley, who said “when you read the Government’s Chief Technology Officer job description it occurs to me that making the role effective is provably impossible. It is largely waffly which means the Government may not know what it wants”; if not, why not? Dr LIZ CRAIG to the Minister of Health: What advice has he received about DHB deficit levels?
MARAMA DAVIDSON to the Minister of Housing and Urban Development: Will he commit to ensuring that the 800 tenancies terminated or otherwise affected by Housing New Zealand’s previous approach to meth testing receive compensation that genuinely reflects the level of harm done, and takes account of both direct costs and emotional distress? Hon JUDITH COLLINS to the Minister of Housing and Urban Development: Is it acceptable for Housing New Zealand tenants to smoke methamphetamine in Housing New Zealand houses? Hon PAUL GOLDSMITH to the Minister of Finance: Does he stand by all of the statements, actions, and policies of the Government in relation to the New Zealand economy? RINO TIRIKATENE to the Minister for Māori Crown Relations: Te Arawhiti: What recent announcements has he made on the scope of his new portfolio? Hon Dr NICK SMITH to the Minister of State Services: What are the dates and contents of all work-related electronic communications between former Minister Hon Clare Curran and the Prime Minister since the decision in Cabinet last year “that the CTO be appointed by, and accountable to, the Prime Minister and the Ministers of Government Digital Services and Broadcasting, Communications and Digital Media”? Dr DEBORAH RUSSELL to the Minister of Finance: What is his reaction to the Independent Tax Working Group’s interim report released today? Hon NIKKI KAYE to the Minister of Education: How many communications has she received from teachers or principals in the last three days regarding teacher shortages, relief teacher issues, and increases in class sizes, and is she confident there will be no more primary teacher strikes this year? Hon NATHAN GUY to the Minister for Biosecurity: How many inbound passengers arrived at Auckland International Airport yesterday between 2 a.m. and 5 a.m., and how many dog detector teams worked on the Green Lane at this time? TAMATI COFFEY to the Minister of Housing and Urban Development: What steps is the Government taking to ensure Housing New Zealand is a compassionate landlord focused on tenant well-being? STUART SMITH to the Minister for Courts: Is he confident that the Canterbury Earthquakes Insurance Tribunal will comply with all requirements of the rule of law? SIMEON BROWN to the Minister of Health: When did the Expert Advisory Committee on drugs give its advice that synthetic cannabinoids AMB-FUBINACA and 5F-ADB be scheduled as Class A controlled drugs, and what action has he taken on this advice? ANAHILA KANONGATA'A-SUISUIKI to the Minister of Commerce and Consumer Affairs: What measures has the Government announced to protect the public from unscrupulous wheel-clamping practices?