The Canterbury earthquakes of 2010 and 2011 generated hundreds of thousands of insurance claims, many of which were disputed. The New Zealand justice system faced the same challenge encountered by other jurisdictions following a natural disaster: how to resolve these disputes quickly and at minimal cost but also fairly, to avoid compounding the disaster with injustice? The thesis is of this article is that although the earthquakes were catastrophic for New Zealand, they also created a unique opportunity to design an innovative civil justice process—the Christchurch High Court Earthquake List—and to test, over a relatively short timeframe, how well that process works. This article describes the Christchurch High Court Earthquake List and analyses it by reference to civil justice theory about the relative normative values of public adjudication and private settlement and the dialogic relationship between them. It then evaluates the List, using statistics available five years on from the earthquakes and by reference to the author’s own experience mediating earthquake disputes.
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
Though generally considered “natural” disasters, cyclones and earthquakes are increasingly being associated with human activities, incubated through urban settlement patterns and the long-term redistribution of natural resources. As society is becoming more urbanized, the risk of human exposure to disasters is also rising. Architecture often reflects the state of society’s health: architectural damage is the first visible sign of emergency, and reconstruction is the final response in the process of recovery. An empirical assessment of architectural projects in post-disaster situations can lead to a deeper understanding of urban societies as they try to rebuild. This thesis offers an alternative perspective on urban disasters by looking at the actions and attitudes of disaster professionals through the lens of architecture, situated in recent events: the 2010 Christchurch earthquake, the 2010 Haiti earthquake, and the 2005 Hurricane Katrina. An empirical, multi-hazard, cross-sectional case study methodology was used, employing grounded theory method to build theory, and a critical constructivist strategy to inform the analysis. By taking an interdisciplinary approach to understanding disasters, this thesis positions architecture as a conduit between two divergent approaches to disaster research: the hazards approach, which studies the disaster cycles from a scientific perspective; and the sociological approach, which studies the socially constructed vulnerabilities that result from disasters, and the elements of social change that accompany such events. Few studies to date have attempted to integrate the multi-disciplinary perspectives that can advance our understanding of societal problems in urban disasters. To bridge this gap, this thesis develops what will be referred to as the “Rittelian framework”—based on the work of UC Berkeley’s architecture professor Horst Rittel (1930-1990). The Rittelian framework uses the language of design to transcend the multiple fields of human endeavor to address the “design problems” in disaster research. The processes by which societal problems are addressed following an urban disaster involve input by professionals from multiple fields—including economics, sociology, medicine, and engineering—but the contribution from architecture has been minimal to date. The main impetus for my doctoral thesis has been the assertion that most of the decisions related to reconstruction are made in the early emergency recovery stages where architects are not involved, but architects’ early contribution is vital to the long-term reconstruction of cities. This precipitated in the critical question: “How does the Rittelian framework contribute to the critical design decisions in modern urban disasters?” Comparative research was undertaken in three case studies of recent disasters in New Orleans (2005), Haiti (2010) and Christchurch (2010), by interviewing 51 individuals who were selected on the basis of employing the Rittelian framework in their humanitarian practice. Contextualizing natural disaster research within the robust methodological framework of architecture and the analytical processes of sociology is the basis for evaluating the research proposition that architectural problem solving is of value in addressing the ‘Wicked Problems’ of disasters. This thesis has found that (1) the nuances of the way disaster agents interpret the notion of “building back better” can influence the extent to which architectural professionals contribute in urban disaster recovery, (2) architectural design can be used to facilitate but also impede critical design decisions, and (3) framing disaster research in terms of design decisions can lead to innovation where least expected. This empirical research demonstrates how the Rittelian framework can inform a wider discussion about post-disaster human settlements, and improve our resilience through disaster research.
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/
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.
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.
