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Research papers, Victoria University of Wellington

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.

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In the late 1980s, Kiwi John Britten developed and built a revolutionary racing motorcycle. He pursued his dream all the way to Daytona International Speedway in Florida. In 1991 the underdog inventor came second against the biggest and richest manufacturers in the world. Britten: Backyard Visionary documents the maverick motorcycle designer as he and his crew rush to create an even better bike for the next Daytona. After arriving in Florida, another all-nighter is required to fix an untested vehicle with many major innovations. Costa Botes writes about the documentary here.

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Peter Jackson’s fifth feature is a playful blend of comedy, thriller and supernatural horror and was an effective Hollywood calling card for Weta FX. Frank Bannister (Michael J Fox) resides in Fairwater, where he runs a supernatural scam. Aided by some spectral consorts, he engineers hauntings and “exorcises” the ghosts for a fee. When a genuine spook starts knocking off the locals, the FBI suspects Frank is the culprit. To clear his name, Frank must deal to the real perpetrator – none other than the Grim Reaper ...

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Early Days Yet, directed by Shirley Horrocks, is a full-length documentary about New Zealand poet Allen Curnow, made in the last months of his life. The poet talks about his life and work, and visits the places of some of his most important poems. It includes interviews with other New Zealand poets about Curnow's significance as an advocate for New Zealand poetry. As Curnow famously mused in front of a moa skeleton displayed in Canterbury Museum: "Not I, some child, born in a marvellous year / Will learn the trick of standing upright here."

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This Philip Temple-scripted episode of Our People, Our Century covers stories of New Zealanders and their turangawaewae: a piece of land they call their own. The importance of the land to farming families, and to the economy of NZ is explored through the eyes of three families. Elworthy Station in South Canterbury is being farmed by a 5th generation Elworthy. Two elderly ladies reminisce on their childhood in remote Mangapurua, near Raetihi in the central North Island. And a Māori family in Taranaki reflects on their decision to sell the family farm. 

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This 1974 end of year special for music show Popco features cover songs performed in the studio and around Christchurch. Presenting and singing are Rob Guest (before musicals fame), Steve Gilpin (before he founded Mi-Sex) and Hayden Wood. Joining them are Space Waltz (in their glam rock glory), Annie Whittle (on the banks of the Avon), show regulars the Maggie Burke Dancers in Cathedral Square, Mark Williams (sparkling in green lurex), Bunny Walters and Claire Raine, Rockinghorse (featuring 'Nature' composer Wayne Mason), Drut (complete with flaming guitar) and Beaver (in the finale).

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This episode from the second series of pioneering comedy show A Week of It takes a light-hearted look at issues of the day: sporting contact with South Africa, the 1978 election, traffic cops against coupling in cars, dawn raids in Ponsonby, weather girls struggling with te reo, and bread and newspaper strikes. Censorship campaigner Patricia Bartlett struggles with a French stick, and beer baron Sir Justin Ebriated is interviewed. John Walker, "current world record holder for selling cans of Fresh Up", is sent up, and there's a racing-themed "geegees Wayne" sign off.

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This booster's gem was produced by the NFU to mark Canterbury's centennial. The original Canterbury crusaders' dream of a model England colony is shown in settler life re-enactments. The importance of meat and wheat to the region's prosperity is extolled and a progressive narrative — "in one brief century they've turned the wilderness into fertile farms and built their red-roofed homes" — underpins contemporary scenes (cricket, church) and much bucolic (plains, alps) scenery. Trivia: Peter Jackson used an excerpt from the film to open Heavenly Creatures.

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This chronicle of the Christchurch Commonwealth Games marked one of the National Film Unit's most ambitious productions. Though a range of events (including famous runs by John Walker and Dick Tayler), are covered, the film often bypasses the pomp and glory approach; daring to talk to the injured and mentioning that most competitors lose. The closing ceremonies of the "friendly games" feature the athletes gathering to — as the official song's chorus put it — "join together". The directing team included Paul Maunder, Sam Pillsbury, and Arthur Everard.

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‘Moa's Ark' set sail 80 million years ago. David Bellamy becomes an ancient mariner and retraces the voyage of the islands of New Zealand (using contemporary science as his guide). In this first episode he finds out why New Zealand is called the Shaky Isles, gets face to face with the "living fossil" the tuatara, is inspired by meat pies, and discovers geography as he competes in the annual Coast to Coast race over the Southern Alps — with directional and gorse eradication aid coming from legendary race organiser Robin Judkins.

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"New Zealand congratulates Peter Snell, one of the fastest men in the world." Middle distance runner Snell sets two world records on the grass track at Lancaster Park, Christchurch, in the 800 yards and half mile. "I was almost horrified at the pace ... I was had it by the time I reached the back straight ... I just went on on the thought of that world record." He reflects on a relaxing trip to Milford Sound, and champion coach Arthur Lydiard is interviewed. Also featured is the 1962 swimming champs at Naenae Olympic Pool under floodlights. Snell died on 12 December 2019.

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New Brighton beach in Christchurch: Peter Donnelly is busy creating art, art with a lifespan that can be measured in hours. Using a rake and a piece of wood, Donnelly draws elaborate artworks in the sand - more than 700 of them to date. "I bring something to life, and then its life is over, and at the end of the four hours it wants to go, it's worn out ... it just wants to be gifted, and it goes to the sea." Beautifully shot by director Peter Young, this Artsville documentary captures Donnelly both in action, and musing on the beauty of impermanence.

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For her first feature, writer/director Gillian Ashurst (Venus Blue) wanted a “big wide road movie; big skies; big long roads.” Cruising the Canterbury landscapes are small-town dreamers Alice (Heavenly Creature Melanie Lynskey) and Johnny (future Almighty Johnson Dean O’Gorman). The duo’s adventures go awry after encountering a charming American cowboy. Reviews were generally upbeat: there was praise for the talented cast, plus Ashurst’s ability to mix moods and genres. Snakeskin won five awards at the 2001 NZ Film and TV Awards, including Best Film and Cinematography.

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This TVNZ doco chronicles New Zealand’s participation in 18 Empire and Commonwealth Games — beginning at Hamilton, Canada in 1930 when a Kiwi team of 18 participated in four sports. A cavalcade of gold medallists (including Yvette Williams, Dick Tayler, Anna Simcic and Neroli Fairhall) recall their glory days at the event which was set up to be “merrier and less stern” than The Olympics. Special emphasis is placed on the three New Zealand-hosted Games: at Auckland in 1950 and 1990, and Christchurch in 1974 (which hastened the local arrival of colour television).

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TVNZ journalist (and future Communicado founder) Neil Roberts does an ethnomusicologist turn in this edition of "established media tries to explain what the young people are doing". His subject is NZ's fledgling punk scene which is already on its way to extinction. Much of the focus is on Auckland but Doomed lead singer (and future TV presenter/producer) Johnny Abort (aka Dick Driver) flies the flag for the south. The Stimulators, Suburban Reptiles and Scavengers play live and punk fans pogo and talk about violence directed at them (from "beeries").   

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The Ballantynes' Department Store fire in November 1947 claimed 41 lives and left a lasting scar on Christchurch — the city’s biggest single disaster until the 2011 earthquake. The events of that spring day are explored in this short film which intersperses archive footage with a fictional account of workers and customers in the tailoring department as the dramas of everyday life are suddenly overwhelmed. It was directed by Aileen O’Sullivan, shot by Alun Bollinger and made with the NZ Drama School graduating class of 2002 (with music by Gareth Farr).

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Gerard Smyth's acclaimed documentary about the Christchurch earthquakes is the story of people coping — for better or worse — with the huge physical and emotional toll that the quakes, and continuing aftershocks, inflicted on them, their homes and their city. It began as a home movie while the devastation of September was surveyed (with thanks given that no-one had been killed); but, as shooting of the recovery continued, the February quake compounded the destruction and claimed 182 lives (including their researcher and 16 colleagues at CTV).

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Chimney Book takes rubble from the Christchurch earthquake, and turns it into the building blocks of a film exploring life in the quake zone. Christchurch musician Blair Parkes took bricks from his chimney — destroyed in the 22 February 2011 aftershocks — painted a letter or symbol on each, then scanned them into his computer. Sound and word form the spine of the result, which is part diary, part experimental film. Parkes explores his experiences of living in Christchurch since the quake through words like 'dust', 'memory', 'place', and a question: 'is it over?'