The objective of the study presented herein is to assess three commonly used CPT-based liquefaction evaluation procedures and three liquefaction severity index frameworks using data from the 2010–2011 Canterbury earthquake sequence. Specifically, post-event field observations, ground motion recordings, and results from a recently completed extensive geotechnical site investigation programme at selected strong motion stations (SMSs) in the city of Christchurch and surrounding towns are used herein. Unlike similar studies that used data from free-field sites, accelerogram characteristics at the SMS locations can be used to assess the performance of liquefaction evaluation procedures prior to their use in the computation of surficial manifestation severity indices. Results from this study indicate that for cases with evidence of liquefaction triggering in the accelerograms, the majority of liquefaction evaluation procedures yielded correct predictions, regardless of whether surficial manifestation of liquefaction was evident or not. For cases with no evidence of liquefaction in the accelerograms (and no observed surficial evidence of liquefaction triggering), the majority of liquefaction evaluation procedures predicted liquefaction was triggered. When all cases are used to assess the performance of liquefaction severity index frameworks, a poor correlation is shown between the observed severity of liquefaction surface manifestation and the calculated severity indices. However, only using those cases where the liquefaction evaluation procedures yielded correct predictions, there is an improvement in the correlation, with the Liquefaction Severity Number (LSN) being the best performing of the frameworks investigated herein. However scatter in the relationship between the observed and calculated surficial manifestation still remains for all liquefaction severity index frameworks.
The Canterbury region experienced widespread damage due to liquefaction induced by seismic shaking during the 4 September 2010 earthquake and the large aftershocks that followed, notably those that occurred on 22 February, 13 June and 23 December 2011. Following the 2010 earthquake, the Earthquake Commission directed a thorough investigation of the ground profile in Christchurch, and to date, more than 7500 cone penetration tests (CPT) have been performed in the region. This paper presents the results of analyses which use a subset of the geotechnical database to evaluate the liquefaction process as well as the re-liquefaction that occurred following some of the major events in Christchurch. First, the applicability of existing CPT-based methods for evaluating liquefaction potential of Christchurch soils was investigated using three methods currently available. Next, the results of liquefaction potential evaluation were compared with the severity of observed damage, categorised in terms of the land damage grade developed from Tonkin & Taylor property inspections as well as from observed severity of liquefaction from aerial photography. For this purpose, the Liquefaction Potential Index (LPI) was used to represent the damage potential at each site. In addition, a comparison of the CPT-based strength profiles obtained before each of the major aftershocks was performed. The results suggest that the analysis of spatial and temporal variations of strength profiles gives a clear indication of the resulting liquefaction and re-liquefaction observed in Christchurch. The comparison of a limited number of CPT strength profiles before and after the earthquakes seems to indicate that no noticeable strengthening has occurred in Christchurch, making the area vulnerable to liquefaction induced land damage in future large-scale earthquakes.
Many large-scale earthquakes all over the world have highlighted the impact of soil liquefaction to the built environment, but the scale of liquefaction-induced damage experienced in Christchurch and surrounding areas following the 2010-2011 Canterbury earthquake sequence (CES) was unparalleled, especially in terms of impact to an urban area. The short time interval between the large earthquakes presented a very rare occasion to examine liquefaction mechanism in natural deposits. The re-liquefaction experienced by the city highlighted the high liquefaction susceptibility of soil deposits in Christchurch, and presented a very challenging problem not only to the local residents but to the geotechnical engineering profession. This paper summarises the lessons learned from CES, and the impacts of the observations made to the current practice of liquefaction assessment and mitigation.
The Darfield earthquake caused widespread damage in the Canterbury region of New Zealand, with the majority of damage resulting from liquefaction and lateral spreading. One of the worst hit locations was the small town of Kaiapoi north of Christchurch, an area that has experienced liquefaction during past events and has been identified as highly susceptible to liquefaction. The low lying town sits on the banks of the Kaiapoi River, once a branch of the Waimakariri, a large braided river transporting gravelly sediment. The Waimakariri has been extensively modified both by natural and human processes, consequently many areas in and around the town were once former river channels.
Soil Liquefaction during Recent Large-Scale Earthquakes contains selected papers presented at the New Zealand – Japan Workshop on Soil Liquefaction during Recent Large-Scale Earthquakes (Auckland, New Zealand, 2-3 December 2013). The 2010-2011 Canterbury earthquakes in New Zealand and the 2011 off the Pacific Coast of Tohoku Earthquake in Japan have caused significant damage to many residential houses due to varying degrees of soil liquefaction over a very wide extent of urban areas unseen in past destructive earthquakes. While soil liquefaction occurred in naturally-sedimented soil formations in Christchurch, most of the areas which liquefied in Tokyo Bay area were reclaimed soil and artificial fill deposits, thus providing researchers with a wide range of soil deposits to characterize soil and site response to large-scale earthquake shaking. Although these earthquakes in New Zealand and Japan caused extensive damage to life and property, they also serve as an opportunity to understand better the response of soil and building foundations to such large-scale earthquake shaking. With the wealth of information obtained in the aftermath of both earthquakes, information-sharing and knowledge-exchange are vital in arriving at liquefaction-proof urban areas in both countries. Data regarding the observed damage to residential houses as well as the lessons learnt are essential for the rebuilding efforts in the coming years and in mitigating buildings located in regions with high liquefaction potential. As part of the MBIE-JSPS collaborative research programme, the Geomechanics Group of the University of Auckland and the Geotechnical Engineering Laboratory of the University of Tokyo co-hosted the workshop to bring together researchers to review the findings and observations from recent large-scale earthquakes related to soil liquefaction and discuss possible measures to mitigate future damage. http://librarysearch.auckland.ac.nz/UOA2_A:Combined_Local:uoa_alma21151785130002091
A number of field testing techniques, such as standard penetration test (SPT), cone penetration test (CPT), and Swedish weight sounding (SWS), are popularly used for in-situ characterisation. The screw driving sounding (SDS) method, which has been recently developed in Japan, is an improved version of the SWS technique and measures more parameters, including the required torque, load, speed of penetration and rod friction; these provide more robust way of characterising soil stratigraphy. It is a cost-efficient technique which uses a machine-driven and portable device, making it ideal for testing in small-scale and confined areas. Moreover, with a testing depth of up to 10-15m, it is suitable for liquefaction assessment. Thus, the SDS method has great potential as an in-situ testing method for geotechnical site characterisation, especially for residential house construction. In this paper, the results of SDS tests performed at a variety of sites in New Zealand are presented. The soil database was employed to develop a soil classification chart based on SDS-derived parameters. Moreover, using the data obtained following the 2010-2011 Christchurch Earthquake Se-quence, a methodology was established for liquefaction potential evaluation using SDS data. http://www.isc5.com.au/wp-content/uploads/2016/09/1345-2-ORENSE.pdf
During the recent devastating earthquakes in Christchurch, many residential houses were damaged due to widespread liquefaction of the ground. In-situ testing is widely used as a convenient method for evaluating liquefaction potential of soils. Cone penetration test (CPT) and standard penetration test (SPT) are the two popular in situ tests which are widely used in New Zealand for site characterization. The Screw Driving Sounding (SDS) method is a relatively new operating system developed in Japan consisting of a machine that drills a rod into the ground by applying torque at seven steps of axial loading. This machine can continuously measure the required torque, load, speed of penetration and rod friction during the test, and therefore can give a clear overview of the soil profile along the depth of penetration. In this paper, based on a number of SDS tests conducted in Christchurch, a correlation was developed between tip resistance of CPT test and SDS parameters for layers consisting of different fines contents. Moreover, using the obtained correlation, a chart was proposed which relates the cyclic resistance ratio to the appropriate SDS parameter. Using the proposed chart, liquefaction potential of soil can be estimated directly using SDS data. As SDS method is simpler, faster and more economical test than CPT and SPT, it can be a reliable alternative in-situ test for soil characterization, especially in residential house constructions.
Recent earthquakes have shown that liquefaction and associated ground deformations are major geotechnical hazards to civil engineering infrastructures, such as pipelines. In particular, sewer pipes have been damaged in many areas in Christchurch as a result of liquefaction-induced lateral spreading near waterways and ground oscillation induced by seismic shaking. In this paper, the addition of a flexible AM liner as a potential countermeasure to increase sewer pipe capacity was investigated. Physical testing through 4-point loading test was undertaken to characterise material properties and the response of both unlined pipe and its lined counterpart. Next, numerical models were created using SAP2000 and ABAQUS to analyse buried pipeline response to transverse permanent ground displacement and to quantify, over a range of pipe segment lengths and soil parameters, the effectiveness of the AM liner in increasing displacement capacity. The numerical results suggest that the addition of the AM liner increases the deformation capacity of the unlined sewer pipe by as much as 50 times. The results confirmed that AM liner is an effective countermeasure for sewer pipes in liquefied ground not only in terms of increased deformation capacity but also the fact that AM-Liner can prevent influx of sand and water through broken pipes, making sewer pipes with liner remaining serviceable even under severe liquefaction condition.
The majority of current procedures used to deduce liquefaction potential of soils rely on empirical methods. These methods have been proven to work in the past, but these methods are known to overestimate the liquefaction potential in certain regions of Christchurch due to a whole range of factors, and the theoretical basis behind these methods cannot be explained scientifically. Critical state soil mechanics theory was chosen to provide an explanation for the soil's behaviour during the undrained shearing. Soils from two sites in Christchurch were characterised at regular intervals for the critical layers and tested for the critical state lines (CSL). Various models and relationships were then used to predict the CSL and compared with the actual CSL. However none of the methods used managed to predict the CSL accurately, and a separate Christchurch exclusive relationship was proposed. The resultant state parameter values could be obtained from shear-wave velocity plots and were then developed into cyclic resistance ratios (CRR). These were subsequently compared with cyclic stress ratios (CSR) from recent Christchurch earthquakes to obtain the factor of safety. This CSL-based approach was compared with other empirical methods and was shown to yield a favourable relationship with visual observations at the sites' locations following the earthquake.
The seismic performance of soil profiles with potentially liquefiable deposits is a complex phenomenon that requires a thorough understanding of the soil properties and ground motion characteristics. The limitations of simplified liquefaction assessment methods have prompted an increase in the use of non-linear dynamic analysis methods. Focusing on onedimensional site response of a soil column, this thesis validated a soil constitutive model using in-situ pore pressure measurements and then assessed the influence of input ground motion characteristics on soil column response using traditional and newly developed metrics. Pore pressure recordings during the Canterbury Earthquake Sequence (CES) in New Zealand were used to validate the PM4Sand constitutive model. Soil profile characterization was key to accurate prediction of excess pore pressure response and accounting for any densification during the CES. Response during multiple earthquakes was captured effectively and cross-layer interaction demonstrated the model capability to capture soil response at the system-level. Synthetic and observed ground motions from the Christchurch earthquake were applied to the validated soil column to quantify the performance of synthetic motions. New metrics were developed to facilitate a robust comparison to assess performance. The synthetic input motions demonstrated a slightly larger acceleration and excess pore pressure response compared to the observed input motions. The results suggest that the synthetic motions may accumulate higher excess pore pressure at a faster rate and with fewer number of cycles in the shear response. This research compares validated soil profile subject to spectrally-matched pulse and non-pulse motions, emphasizing the inclusion of pulse motions with distinctive characteristics in ground motion suites for non-linear dynamic analysis. However, spectral matching may lead to undesired alterations in pulse characteristics. Cumulative absolute velocity and significant duration significantly differed between these two groups compared to the other key characteristics and contributed considerably to the liquefaction response. Unlike the non-pulse motions, not all of the pulse motions triggered liquefaction, likely due to their shorter significant duration. Non-pulse motions developed a greater spatial extent of liquefaction triggering in the soil profile and extended to a greater depth.
A dramatic consequence of the Christchurch, New Zealand, earthquakes of 2010 and 2011 was the widespread liquefaction in the city. Part of the central business district (CBD) was badly affected by liquefaction but elsewhere large volumes of ejecta were not evident for those parts of the CBD where the upper layers in the soil profile are sandy gravel and gravelly sand. The purpose of the paper is to investigate the effect of the gravel permeability on the rise and dissipation of excess pore water pressure during cyclic loading of a soil profile idealised from Christchurch data. The Cyclic1D software, which performs one-dimensional non-linear effective stress site response analysis, was used. Permeability values associated with gravel were found to suppress the cyclic accumulation of excess pore water pressure in gravel layers. Given that there has not been any systematic measurement of the in situ permeability of the gravels in Christchurch, the modelling in the paper suggests that likely values for the bulk permeability of the gravel layers are within the range suggested in the geotechnical literature. However, the work reported is of wider application than Christchurch and emphasises the controlling influence of permeability on the accumulation and dissipation of cyclic pore pressures. VoR - Version of Record
The Screw Driving Sounding (SDS) method developed in Japan is a relatively new insitu testing technique to characterise soft shallow sites, typically those required for residential house construction. An SDS machine drills a rod into the ground in several loading steps while the rod is continuously rotated. Several parameters, such as torque, load and speed of penetration, are recorded at every rotation of the rod. The SDS method has been introduced in New Zealand, and the results of its application for characterising local sites are discussed in this study. A total of 164 SDS tests were conducted in Christchurch, Wellington and Auckland to validate/adjust the methodologies originally developed based on the Japanese practice. Most of the tests were conducted at sites where cone penetration tests (CPT), standard penetration tests (SPT) and borehole logs were available; the comparison of SDS results with existing information showed that the SDS method has great potential as an in-situ testing method for classifying the soils. By compiling the SDS data from 3 different cities and comparing them with the borehole logs, a soil classification chart was generated for identifying the soil type based on SDS parameters. Also, a correlation between fines content and SDS parameters was developed and a procedure for estimating angle of internal friction of sand using SDS parameters was investigated. Furthermore, a correlation was made between the tip resistance of the CPT and the SDS data for different percentages of fines content. The relationship between the SPT N value and a SDS parameter was also proposed. This thesis also presents a methodology for identifying the liquefiable layers of soil using SDS data. SDS tests were performed in both liquefied and non-liquefied areas in Christchurch to find a representative parameter and relationship for predicting the liquefaction potential of soil. Plots were drawn of the cyclic shear stress ratios (CSR) induced by the earthquakes and the corresponding energy of penetration during SDS tests. By identifying liquefied or unliquefied layers using three different popular CPT-based methods, boundary lines corresponding to the various probabilities of liquefaction happening were developed for different ranges of fines contents using logistic regression analysis, these could then be used for estimating the liquefaction potential of soil directly from the SDS data. Finally, the drilling process involved in screw driving sounding was simulated using Abaqus software. Analysis results proved that the model successfully captured the drilling process of the SDS machine in sand. In addition, a chart to predict peak friction angles of sandy sites based on measured SDS parameters for various vertical effective stresses was formulated. As a simple, fast and economical test, the SDS method can be a reliable alternative insitu test for soil and site characterisation, especially for residential house construction.
The region in and around Christchurch, encompassing Christchurch city and the Selwyn and Waimakariri districts, contains more than 800 road, rail, and pedestrian bridges. Most of these bridges are reinforced concrete, symmetric, and have small to moderate spans (15–25 m). The 22 February 2011 moment magnitude (Mw) 6.2 Christchurch earthquake induced high levels of localized ground shaking (Bradley and Cubrinovski 2011, page 853 of this issue; Guidotti et al. 2011, page 767 of this issue; Smyrou et al. 2011, page 882 of this issue), with damage to bridges mainly confined to the central and eastern parts of Christchurch. Liquefaction was evident over much of this part of the city, with lateral spreading affecting bridges spanning both the Avon and Heathcote rivers.
This thesis presents the application of data science techniques, especially machine learning, for the development of seismic damage and loss prediction models for residential buildings. Current post-earthquake building damage evaluation forms are developed for a particular country in mind. The lack of consistency hinders the comparison of building damage between different regions. A new paper form has been developed to address the need for a global universal methodology for post-earthquake building damage assessment. The form was successfully trialled in the street ‘La Morena’ in Mexico City following the 2017 Puebla earthquake. Aside from developing a framework for better input data for performance based earthquake engineering, this project also extended current techniques to derive insights from post-earthquake observations. Machine learning (ML) was applied to seismic damage data of residential buildings in Mexico City following the 2017 Puebla earthquake and in Christchurch following the 2010-2011 Canterbury earthquake sequence (CES). The experience showcased that it is readily possible to develop empirical data only driven models that can successfully identify key damage drivers and hidden underlying correlations without prior engineering knowledge. With adequate maintenance, such models have the potential to be rapidly and easily updated to allow improved damage and loss prediction accuracy and greater ability for models to be generalised. For ML models developed for the key events of the CES, the model trained using data from the 22 February 2011 event generalised the best for loss prediction. This is thought to be because of the large number of instances available for this event and the relatively limited class imbalance between the categories of the target attribute. For the CES, ML highlighted the importance of peak ground acceleration (PGA), building age, building size, liquefaction occurrence, and soil conditions as main factors which affected the losses in residential buildings in Christchurch. ML also highlighted the influence of liquefaction on the buildings losses related to the 22 February 2011 event. Further to the ML model development, the application of post-hoc methodologies was shown to be an effective way to derive insights for ML algorithms that are not intrinsically interpretable. Overall, these provide a basis for the development of ‘greybox’ ML models.
Soil-structure interaction (SSI) has been widely studied during the last decades. The influence of the properties of the ground motion, the structure and the soil have been addressed. However, most of the studies in this field consider a stand-alone structure. This assumption is rarely justifiable in dense urban areas where structures are built close to one another. The dynamic interaction between adjacent structures has been studied since the early 1970s, mainly using numerical and analytical models. Even though the early works in this field have significantly contributed to understanding this problem, they commonly consider important simplifications such as assuming a linear behaviour of the structure and the soil. Some experimental works addressing adjacent structures have recently been conducted using geotechnical centrifuges and 1g shake tables. However, further research is needed to enhance the understanding of this complex phenomenon. A particular case of SSI is that of structures founded in fine loose saturated sandy soil. An iconic example was the devastating effects of liquefaction in Christchurch, New Zealand, during the Canterbury earthquake in 2011. In the case of adjacent structures on liquefiable soil, the experimental evidence is even scarcer. The present work addresses the dynamic interaction between adjacent structures by performing multiple experimental studies. The work starts with two-adjacent structures on a small soil container to expose the basics of the problem. Later, results from tests considering a more significant number of structures on a big laminar box filled with sand are presented. Finally, the response of adjacent structures on saturated sandy soil is addressed using a geotechnical centrifuge and a large 1g shake table. This research shows that the acceleration, lateral displacement, foundation rocking, damping ratio, and fundamental frequency of the structure of focus are considerably affected by the presence of neighbouring buildings. In general, adjacent buildings reduced the dynamic response of the structure of focus on dry sand. However, the acceleration was amplified when the structures had a similar fundamental frequency. In the case of structures on saturated sand, the presence of adjacent structures reduced the liquefaction potential. Neighbouring structures on saturated sand also presented larger rotation of the footing and lateral displacement of the top mass than that of the stand-alone case.
Following the 2010/2011 Canterbury earthquakes a detailed campaign of door to door assessments was conducted in a variety of areas of Christchurch to establish the earthquake performance of residential dwellings having masonry veneer as an external cladding attached to a lightweight timber framing system. Specifically, care was taken to include regions of Christchurch which experienced different levels of earthquake shaking in order to allow comparison between the performance of different systems and different shaking intensities. At the time of the inspections the buildings in the Christchurch region had been repeatedly subjected to large earthquakes, presenting an opportunity for insight into the seismic performance of masonry veneer cladding. In total just under 1100 residential dwellings were inspected throughout the wider Christchurch area, of which 24% were constructed using the older nail-on veneer tie system (prior to 1996) and 76% were constructed using screw fixed ties to comply with the new 1996 standards revision (post-1996), with 30% of all inspected houses being of two storey construction. Of the inspected dwellings 27% had some evidence of liquefaction, ground settlement or lateral spreading. Data such as damage level, damage type, crack widths, level of repair required and other parameters were collected during the survey. A description of the data collection processes and a snapshot of the analysis results are presented within. http://15ibmac.com/home/
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.
The influence of nonlinear soil-foundation-structure interaction (SFSI) on the performance of multi-storey buildings during earthquake events has become increasingly important in earthquake resistant design. For buildings on shallow foundations, SFSI refers to nonlinear geometric effects associated with uplift of the foundation from the supporting soil as well as nonlinear soil deformation effects. These effects can potentially be beneficial for structural performance, reducing forces transmitted from ground shaking to the structure. However, there is also the potential consequence of residual settlement and rotation of the foundation. This Thesis investigates the influence of SFSI in the performance of multi-storey buildings on shallow foundations through earthquake observations, experimental testing, and development of spring-bed numerical models that can be incorporated into integrated earthquake resistant design procedures. Observations were made following the 22 February 2011 Christchurch Earthquake in New Zealand of a number of multi-storey buildings on shallow foundations that performed satisfactorily. This was predominantly the case in areas where shallow foundations, typically large raft foundations, were founded on competent gravel and where there was no significant manifestation of liquefaction at the ground surface. The properties of these buildings and the soils they are founded on directed experimental work that was conducted to investigate the mechanisms by which SFSI may have influenced the behaviour of these types of structure-foundation systems. Centrifuge experiments were undertaken at the University of Dundee, Scotland using a range of structure-foundation models and a layer of dense cohesionless soil to simulate the situation in Christchurch where multi-storey buildings on shallow foundations performed well. Three equivalent single degree of freedom (SDOF) models representing 3, 5, and 7 storey buildings with identical large raft foundations were subjected to a range of dynamic Ricker wavelet excitations and Christchurch Earthquake records to investigate the influence of SFSI on the response of the equivalent buildings. The experimental results show that nonlinear SFSI has a significant influence on structural response and overall foundation deformations, even though the large raft foundations on competent soil meant that there was a significant reserve of bearing capacity available and nonlinear deformations may have been considered to have had minimal effect. Uplift of the foundation from the supporting soil was observed across a wide range of input motion amplitudes and was particularly significant as the amplitude of motion increased. Permanent soil deformation represented by foundation settlement and residual rotation was also observed but mainly for the larger input motions. However, the absolute extent of uplift and permanent soil deformation was very small compared to the size of the foundation meaning the serviceability of the building would still likely be maintained during large earthquake events. Even so, the small extent of SFSI resulted in attenuation of the response of the structure as the equivalent period of vibration was lengthened and the equivalent damping in the system increased. The experimental work undertaken was used to validate and enhance numerical modelling techniques that are simple yet sophisticated and promote interaction between geotechnical and structural specialists involved in the design of multi-storey buildings. Spring-bed modelling techniques were utilised as they provide a balance between ease of use, and thus ease of interaction with structural specialists who have these techniques readily available in practice, and theoretically rigorous solutions. Fixed base and elastic spring-bed models showed they were unable to capture the behaviour of the structure-foundation models tested in the centrifuge experiments. SFSI spring-bed models were able to more accurately capture the behaviour but recommendations were proposed for the parameters used to define the springs so that the numerical models closely matched experimental results. From the spring-bed modelling and results of centrifuge experiments, an equivalent linear design procedure was proposed along with a procedure and recommendations for the implementation of nonlinear SFSI spring-bed models in practice. The combination of earthquake observations, experimental testing, and simplified numerical analysis has shown how SFSI is influential in the earthquake performance of multi-storey buildings on shallow foundations and should be incorporated into earthquake resistant design of these structures.
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
