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Research papers, The University of Auckland Library

This thesis presents an assessment of historic seismic performance of the New Zealand stopbank network from the 1968 Inangahua earthquake through to the 2016 Kaikōura earthquake. An overview of the types of stopbanks and the main aspects of the design and construction of earthen stopbanks was presented. Stopbanks are structures that are widely used on the banks of rivers and other water bodies to protect against the impact of flood events. Earthen stopbanks are found to be the most used for such protection measures. Different stopbank damage or failure modes that may occur due to flooding or earthquake excitation were assessed with a focus on past earthquakes internationally, and examples of these damage and failure modes were presented. Stopbank damage and assessment reports were collated from available reconnaissance literature to develop the first geospatial database of stopbank damage observed in past earthquakes in New Zealand. Damage was observed in four earthquakes over the past 50 years, with a number of earthquakes resulting in no stopbank damage. The damage database therefore focussed on the Edgecumbe, Darfield, Christchurch and Kaikōura earthquakes. Cracking of the crest and liquefaction-induced settlement were the most common forms of damage observed. To understand the seismic demand on the stopbank network in past earthquakes, geospatial analyses were undertaken to approximate the peak ground acceleration (PGA) across the stopbank network for ten large earthquakes that have occurred in New Zealand over the past 50 years. The relationship between the demand, represented by the peak ground acceleration (PGA) and damage is discussed and key trends identified. Comparison of the seismic demand and the distribution of damage suggested that the seismic performance of the New Zealand stopbank network has been generally good across all events considered. Although a significant length of the stopbank networks were exposed to high levels of shaking in past events, the overall damage length was a small percentage of this. The key aspect controlling performance was the performance of the underlying foundation soils and the effect of this on the stopbank structure and stability.

Research papers, The University of Auckland Library

Predictive modelling provides an efficient means to analyse the coastal environment and generate knowledge for long term urban planning. In this study, the numerical models SWAN and XBeach were incorporated into the ESRI ArcGIS interface by means of the BeachMMtool. This was applied to the Greater Christchurch coastal environment to simulate geomorphological evolution through hydrodynamic forcing. Simulations were performed using the recent sea level rise predictions by the Intergovernmental Panel on Climate Change (2013) to determine whether the statutory requirements outlined in the New Zealand Coastal Policy Statement 2010 are consistent with central, regional and district designations. Our results indicate that current land use zoning in Greater Christchurch is not consistent with these predictions. This is because coastal hazard risk has not been thoroughly quantified during the process of installing the Canterbury Earthquake Recovery Authority residential red zone. However, the Christchurch City Council’s flood management area does provide an extent to which managed coastal retreat is a real option. The results of this research suggest that progradation will continue to occur along the Christchurch foreshore due to the net sediment flux retaining an onshore direction and the current hydrodynamic activity not being strong enough to move sediment offshore. However, inundation during periods of storm surge poses a risk to human habitation on low lying areas around the Avon-Heathcote Estuary and the Brooklands lagoon.

Research papers, The University of Auckland Library

In 2010 and 2011, Aotearoa New Zealand was hit by a number of major disasters involving loss of human life and severe disruption to social, ecological and economic wellbeing. The Pike River mine explosions were closely followed by a sequence of major earthquakes in Christchurch, seismic events that have permanently altered the lives of thousands of people in our third largest city, the closure of the central business district and the effective abandonment of whole residential areas. In early October 2011, the ship, Rena, grounded on a reef off the port of Tauranga and threatened a major oil spill throughout the Bay of Plenty, where local communities with spiritual and cultural connections to the land depend on sea food as well as thrive on tourism. The Council for Social Work Education Aotearoa New Zealand (CSWEANZ), representing all the Schools of Social Work in New Zealand, held a ‘Disaster Curriculum’ day in November 2011, at which social workers and Civil Defence leaders involved in the Christchurch earthquakes, the Rena Disaster, Fiji floods and the Boxing Day tsunami presented their narrative experience of disaster response and recovery. Workshops discussed and identified core elements that participants considered vital to a social work curriculum that would enable social work graduates in a range of community and cultural settings to respond in safe, creative and informed ways. We present our core ideas for a social work disaster curriculum and consider a wide range of educational content based on existing knowledge bases and new content within a disaster framework. http://www.swsd-stockholm-2012.org/

Research papers, The University of Auckland Library

In September 2010 and February 2011 the Canterbury region of New Zealand was struck by two powerful earthquakes, registering magnitude 7.1 and 6.3 respectively on the Richter scale. The second earthquake was centred 10 kilometres south-east of the centre of Christchurch (the region’s capital and New Zealand’s third most populous urban area, with approximately 360,000 residents) at a depth of five kilometres. 185 people were killed, making it the second deadliest natural disaster in New Zealand’s history. (66 people were killed in the collapse of one building alone, the six-storey Canterbury Television building.) The earthquake occurred during the lunch hour, increasing the number of people killed on footpaths and in buses and cars by falling debris. In addition to the loss of life, the earthquake caused catastrophic damage to both land and buildings in Christchurch, particularly in the central business district. Many commercial and residential buildings collapsed in the tremors; others were damaged through soil liquefaction and surface flooding. Over 1,000 buildings in the central business district were eventually demolished because of safety concerns, and an estimated 70,000 people had to leave the city after the earthquakes because their homes were uninhabitable. The New Zealand Government declared a state of national emergency, which stayed in force for ten weeks. In 2014 the Government estimated that the rebuild process would cost NZ$40 billion (approximately US$27.3 billion, a cost equivalent to 17% of New Zealand’s annual GDP). Economists now estimate it could take the New Zealand economy between 50 and 100 years to recover. The earthquakes generated tens of thousands of insurance claims, both against private home insurance companies and against the New Zealand Earthquake Commission, a government-owned statutory body which provides primary natural disaster insurance to residential property owners in New Zealand. These ranged from claims for hundreds of millions of dollars concerning the local port and university to much smaller claims in respect of the thousands of residential homes damaged. Many of these insurance claims resulted in civil proceedings, caused by disputes about policy cover, the extent of the damage and the cost and/or methodology of repairs, as well as failures in communication and delays caused by the overwhelming number of claims. Disputes were complicated by the fact that the Earthquake Commission provides primary insurance cover up to a monetary cap, with any additional costs to be met by the property owner’s private insurer. Litigation funders and non-lawyer claims advocates who took a percentage of any insurance proceeds also soon became involved. These two factors increased the number of parties involved in any given claim and introduced further obstacles to resolution. Resolving these disputes both efficiently and fairly was (and remains) central to the rebuild process. This created an unprecedented challenge for the justice system in Christchurch (and New Zealand), exacerbated by the fact that the Christchurch High Court building was itself damaged in the earthquakes, with the Court having to relocate to temporary premises. (The High Court hears civil claims exceeding NZ$200,000 in value (approximately US$140,000) or those involving particularly complex issues. Most of the claims fell into this category.) This paper will examine the response of the Christchurch High Court to this extraordinary situation as a case study in innovative judging practices and from a jurisprudential perspective. In 2011, following the earthquakes, the High Court made a commitment that earthquake-related civil claims would be dealt with as swiftly as the Court's resources permitted. In May 2012, it commenced a special “Earthquake List” to manage these cases. The list (which is ongoing) seeks to streamline the trial process, resolve quickly claims with precedent value or involving acute personal hardship or large numbers of people, facilitate settlement and generally work proactively and innovatively with local lawyers, technical experts and other stakeholders. For example, the Court maintains a public list (in spreadsheet format, available online) with details of all active cases before the Court, listing the parties and their lawyers, summarising the facts and identifying the legal issues raised. It identifies cases in which issues of general importance have been or will be decided, with the expressed purpose being to assist earthquake litigants and those contemplating litigation and to facilitate communication among parties and lawyers. This paper will posit the Earthquake List as an attempt to implement innovative judging techniques to provide efficient yet just legal processes, and which can be examined from a variety of jurisprudential perspectives. One of these is as a case study in the well-established debate about the dialogic relationship between public decisions and private settlement in the rule of law. Drawing on the work of scholars such as Hazel Genn, Owen Fiss, David Luban, Carrie Menkel-Meadow and Judith Resnik, it will explore the tension between the need to develop the law through the doctrine of precedent and the need to resolve civil disputes fairly, affordably and expeditiously. It will also be informed by the presenter’s personal experience of the interplay between reported decisions and private settlement in post-earthquake Christchurch through her work mediating insurance disputes. From a methodological perspective, this research project itself gives rise to issues suitable for discussion at the Law and Society Annual Meeting. These include the challenges in empirical study of judges, working with data collected by the courts and statistical analysis of the legal process in reference to settlement. September 2015 marked the five-year anniversary of the first Christchurch earthquake. There remains widespread dissatisfaction amongst Christchurch residents with the ongoing delays in resolving claims, particularly insurers, and the rebuild process. There will continue to be challenges in Christchurch for years to come, both from as-yet unresolved claims but also because of the possibility of a new wave of claims arising from poor quality repairs. Thus, a final purpose of presenting this paper at the 2016 Meeting is to gain the benefit of other scholarly perspectives and experiences of innovative judging best practice, with a view to strengthening and improving the judicial processes in Christchurch. This Annual Meeting of the Law and Society Association in New Orleans is a particularly appropriate forum for this paper, given the recent ten year anniversary of Hurricane Katrina and the plenary session theme of “Natural and Unnatural Disasters – human crises and law’s response.” The presenter has a personal connection with this theme, as she was a Fulbright scholar from New Zealand at New York University in 2005/2006 and participated in the student volunteer cleanup effort in New Orleans following Katrina. http://www.lawandsociety.org/NewOrleans2016/docs/2016_Program.pdf