Two days after the 22 February 2011 M6.3 earthquake in Christchurch, New Zealand, three of the authors conducted a transect of the central city, with the goal of deriving an estimate of building damage levels. Although smaller in magnitude than the M7.1 4 September 2010 Darfield earthquake, the ground accelerations, ground deformation and damage levels in Christchurch central city were more severe in February 2011, and the central city was closed down to the general public. Written and photographic notes of 295 buildings were taken, including construction type, damage level, and whether the building would likely need to be demolished. The results of the transect compared favourably to Civil Defence rapid assessments made over the following month. Now, more than one year and two major aftershocks after the February 2011 earthquake these initial estimates are compared to the current demolition status to provide an updated understanding of the state of central Christchurch.
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.
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
