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/
In 2013 Becca Wood, Spatial Performance Practitioner, and Molly Mullen, Applied Theatre Practitioner, collaborated to create a short ambulatory performance with audio score for a group of drama educators attending a conference workshop on the possibilities of walking as performance. The performance was created remotely from the intended site: Rangi Ruru Girls’ School, in Christchurch, New Zealand. Following the destruction of the 2012 earthquake, this site was in a state of transformation and recovery. The performance walk attended to the histories, geographies and politics of this place, somatically, architecturally and socially. This paper engages with three critical questions: How might mediated listening and walking activate the coming together of bodies and place? What performative shifts occurred for the participants in the walk and workshop? How might we come to our senses? Through a performative practice of mediated site-based listening and walking, this paper is a reflection on the creative process and performance. We consider the potential for technologically mediated performance to offer new modes for learning and creative practice through interdisciplinary and evolving intermedial practices. http://www.tandfonline.com/toc/crde20/current AM - Accepted Manuscript
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This thesis revisits the topic of earthquake recovery in Christchurch City more than a decade after the Canterbury earthquakes. Despite promising visions of a community reconnected and a sustainable and liveable city, significant portions of the city’s core – the Red Zone – remain dilapidated and “eerily empty”. At the same time, new developments in other areas have proven to be alienated or underutilised. Currently, the Canterbury Earthquake Recovery Authority’s plans for the rebuilding highlight the delivery of more residential housing to re-populate the city centre. However, prevalent approaches to housing development in Christchurch are ineffective for building an inclusive and active community. Hence, the central inquiry of the thesis is how the development of housing complexes can revitalise the Red Zone within the Christchurch city centre. The inquiry has been carried out through a research-through-design methodology, recognising the importance of an in-depth investigation that is contextualised and combined with the intuition and embodied knowledge of the designer. The investigation focuses on a neglected site in the Red Zone in the heart of Christchurch city, with significant Victorian and Edwardian Baroque heritage buildings, including Odeon Theatre, Lawrie & Wilson Auctioneers, and Sol Square, owned by The Regional Council Environment Canterbury. The design inquiry argues, develops, and is carried through a place-assemblage lens to housing development for city recovery, which recognizes the significance of socially responsive architecture that explores urban renewal by forging connections within the social network. Therefore, place-assemblage criteria and methods for developing socially active and meaningful housing developments are identified. Firstly, this thesis argues that co-living housing models are more focused on people relations and collective identity than the dominant developer-driven housing rebuilds, as they prioritise conduits for interaction and shared social meaning and practices. Secondly, the adaptive reuse of derelict heritage structures is proposed to reinvigorate the urban fabric, as heritage is seen to be conceived as and from a social assemblage of people. The design is realised by the principles outlined in the ICOMOS charter, which involves incorporating the material histories of existing structures and preserving the intangible heritage of the site by ensuring the continuity of cultural practices. Lastly, design processes and methods are also vital for place-sensitive results, which pay attention to the site’s unique characteristics to engage with local stakeholders and communities. The research explores place-assemblage methods of photographic extraction, the drawing of story maps, precedent studies, assemblage maps, bricolages, and paper models, which show an assembly of layers that piece together the existing heritage, social conduits, urban commons and housing to conceptualise the social network within its place.
The author followed five primary (elementary) schools over three years as they responded to and began to recover from the 2010–2011 earthquakes in and around the city of Christchurch in the Canterbury region of New Zealand. The purpose was to capture the stories for the schools themselves, their communities, and for New Zealand’s historical records. From the wider study, data from the qualitative interviews highlighted themes such as children’s responses or the changing roles of principals and teachers. The theme discussed in this article, however, is the role that schools played in the provision of facilities and services to meet (a) physical needs (food, water, shelter, and safety); and (b) emotional, social, and psychological needs (communication, emotional support, psychological counseling, and social cohesion)—both for themselves and their wider communities. The role schools played is examined across the immediate, short-, medium-, and long-term response periods before being discussed through a social bonding theoretical lens. The article concludes by recommending stronger engagement with schools when considering disaster policy, planning, and preparation http://www.schoolcommunitynetwork.org/SCJ.aspx
The role of belonging in post-disaster environments remains an under-theorised concept, particularly regarding refugee populations. This paper presents a qualitative study with 101 refugee-background participants from varying communities living in Christchurch, New Zealand, about their perspectives and responses to the Canterbury earthquakes of 2010–11. Participants spoke of how a sense of belonging as individuals and as a wider community was important in the recovery effort, and highlighted the multiple ways in which they understood this concept. Their comments demonstrate how belonging can have contextual, chronological and gendered dimensions that can help inform effective and resonant disaster responses with culturally and linguistically diverse populations. This analysis also illustrates how the participants' perspectives of belonging shifted over time, and discusses the corresponding role of social work in supporting post-disaster recovery through the concepts of civic, ethno and ethnic-based belonging. AM - Accepted Manuscript
This thesis is a creative and critical exploration of how transmedia storytelling meshes with political documentary’s nature of representing social realities and goals to educate and promote social change. I explore this notion through Obrero (“worker”), my independently produced transmedia and transjournalistic documentary project that explores the conditions and context of the Filipino rebuild workers who migrated to Christchurch, New Zealand after the earthquake in 2011. While the project should appeal to New Zealanders, it is specifically targeted at an audience from the Philippines. Obrero began as a film festival documentary that co-exists with strategically refashioned Web 2.0 variants, a social network documentary and an interactive documentary (i-doc). Using data derived from the production and circulation of Obrero, I interrogate how the documentary’s variants engage with differing audiences and assess the extent to which this engagement might be effective. This thesis argues that contemporary documentary needs to re-negotiate established film aesthetics and practices to adapt in the current period of shifting technologies and fragmented audiences. Documentary’s migration to new media platforms also creates a demand for filmmakers to work with a transmedia state of mind—that is, the capacity to practise the old canons of documentary making while comfortably adjusting to new media production praxis, ethics, and aesthetics. Then Obrero itself, as the creative component of this thesis, becomes an instance of research through creative practice. It does so in two respects: adding new knowledge about the context, politics, and experiences of the Filipino workers in New Zealand; and offering up a broader model for documentary engagement, which I analyse for its efficacy in the digital age.
The supply of water following disasters has always been of significant concern to communities. Failure of water systems not only causes difficulties for residents and critical users but may also affect other hard and soft infrastructure and services. The dependency of communities and other infrastructure on the availability of safe and reliable water places even more emphasis on the resilience of water supply systems. This thesis makes two major contributions. First, it proposes a framework for measuring the multifaceted resilience of water systems, focusing on the significance of the characteristics of different communities for the resilience of water supply systems. The proposed framework, known as the CARE framework, consists of eight principal activities: (1) developing a conceptual framework; (2) selecting appropriate indicators; (3) refining the indicators based on data availability; (4) correlation analysis; (5) scaling the indicators; (6) weighting the variables; (7) measuring the indicators; and (8) aggregating the indicators. This framework allows researchers to develop appropriate indicators in each dimension of resilience (i.e., technical, organisational, social, and economic), and enables decision makers to more easily participate in the process and follow the procedure for composite indicator development. Second, it identifies the significant technical, social, organisational and economic factors, and the relevant indicators for measuring these factors. The factors and indicators were gathered through a comprehensive literature review. They were then verified and ranked through a series of interviews with water supply and resilience specialists, social scientists and economists. Vulnerability, redundancy and criticality were identified as the most significant technical factors affecting water supply system robustness, and consequently resilience. These factors were tested for a scenario earthquake of Mw 7.6 in Pukerua Bay in New Zealand. Four social factors and seven indicators were identified in this study. The social factors are individual demands and capacities, individual involvement in the community, violence level in the community, and trust. The indicators are the Giving Index, homicide rate, assault rate, inverse trust in army, inverse trust in police, mean years of school, and perception of crime. These indicators were tested in Chile and New Zealand, which experienced earthquakes in 2010 and 2011 respectively. The social factors were also tested in Vanuatu following TC Pam, which hit the country in March 2015. Interestingly, the organisational dimension contributed the largest number of factors and indicators for measuring water supply resilience to disasters. The study identified six organisational factors and 17 indicators that can affect water supply resilience to disasters. The factors are: disaster precaution; predisaster planning; data availability, data accessibility and information sharing; staff, parts, and equipment availability; pre-disaster maintenance; and governance. The identified factors and their indicators were tested for the case of Christchurch, New Zealand, to understand how organisational capacity affected water supply resilience following the earthquake in February 2011. Governance and availability of critical staff following the earthquake were the strongest organisational factors for the Christchurch City Council, while the lack of early warning systems and emergency response planning were identified as areas that needed to be addressed. Economic capacity and quick access to finance were found to be the main economic factors influencing the resilience of water systems. Quick access to finance is most important in the early stages following a disaster for response and restoration, but its importance declines over time. In contrast, the economic capacity of the disaster struck area and the water sector play a vital role in the subsequent reconstruction phase rather than in the response and restoration period. Indicators for these factors were tested for the case of the February 2011 earthquake in Christchurch, New Zealand. Finally, a new approach to measuring water supply resilience is proposed. This approach measures the resilience of the water supply system based on actual water demand following an earthquake. The demand-based method calculates resilience based on the difference between water demand and system capacity by measuring actual water shortage (i.e., the difference between water availability and demand) following an earthquake.
Courage has remained an elusive concept to define despite having been in the English lexicon for hundreds of years. The Canterbury earthquake sequence that began in 2010 provided a unique context in which to undertake research that would contribute to further conceptualisation of courage. This qualitative study was undertaken in Christchurch, New Zealand, with adults over the age of 70 who experienced the Canterbury earthquakes and continued to live in the Canterbury region. The population group was chosen because it is an under researched group in post-disaster environments, and one that offers valuable insights because of members' length and breadth of life experiences, and likely reminiscent and reflective life stage. A constructivist grounded theory approach was utilised, with data collected through semi-structured focus groups and individual key informant interviews. The common adverse experience of the participants initially discussed was the earthquakes, which was followed by exploration of courage in their other lived experiences. Through an inductive process of data analysis, conceptual categories were identified, which when further analysed and integrated, contributed to a definition of courage. The definition was subsequently discussed with social work professionals who had remained working in the Canterbury region after experiencing the earthquakes. From the examples and the actions described within these, a process model was developed to support the application of courage. The model includes five steps: recognising an adverse situation, making a conscious decision to act, accessing sources of motivation, mastering emotion and taking action. Defining and utilising courage can help people to face adversity associated with everyday life and ultimately supports self-actualisation and self-development. Recommendations from the study include teaching about courage within social work education, utilising the process model within supervision, intentionally involving older adults in emergency management planning and developing specific social work tasks in hospital settings following a disaster.
This paper presents a qualitative study with multiple refugee background communities living in Christchurch, New Zealand about their perspectives and responses to the Canterbury earthquakes of 2010-2011 (32 semi-structured interviews and 11 focus group discussions comprising 112 participants). Whilst the Canterbury earthquakes created significant challenges for the entire region, several refugee background communities found multiple ways to effectively respond to such adversity. Central to this response were their experiences of belonging which were comprised of both ‘civic’ and ‘ethno’ conceptualisations. This discussion includes an analysis on the intersectionality of identity to highlight the gendered, contextual and chronological influences that impact people’s perspectives of and responses to a disaster. As the study was conducted over 18 months, the paper discusses how social capital resources and experiences of belonging can help inform urban disaster risk reduction (DRR) with refugee groups. http://3icudr.org/program
This article is a critical commentary of how political documentary embodies the traits and functions of alternative journalism. I explore this notion through Obrero (‘worker’) my independent documentary project about the labour migration of Filipino workers to Christchurch, Aotearoa New Zealand, after the earthquake in 2011. This article maps out the points at where the theories and practices of alternative media and documentary intersect. Analysing political documentary as a format of alternative journalism has links to the long tradition of film and video production as a tool for social critique. As a form of practice-based research, Obrero falls under the rubric of alternative journalism—able to represent the politically marginal sectors of the polity and report on issues underreported in the mainstream press. This article concludes that a distribution plan that is responsive to fragmenting audiences works best when alternative journalism no longer targets a niche but transborder audiences.
Mechanistic and scientific approaches to resilience assume that there is a “tipping point” at which a system can no longer absorb adversity; after this point, it is liable to collapse. Some of these perspectives, particularly those stemming from ecology and psychology, recognise that individuals and communities cannot be perpetually resilient without limits. While the resilience paradigm has been imported into the social sciences, the limits to resilience have often been disregarded. This leads to an overestimation of “human resourcefulness” within the resilience paradigm. In policy discourse, practice, and research, resilience seems to be treated as a “limitless” and human quality in which individuals and communities can effectively cope with any hazard at any time, for as long as they want and with any people. We critique these assumptions with reference to the recovery case in Ōtautahi Christchurch, Aotearoa New Zealand following the 2010-11 Canterbury earthquake sequence. We discuss the limits to resilience and reconceptualise resilience thinking for disaster risk reduction and sustainable recovery and development.
The Canterbury earthquake series of 2010/2011 has turned the city of Christchurch into a full scale natural laboratory testing the structural and non-structural response of buildings under moderate to very severe earthquake shaking. The lessons learned from this, which have come at great cost socially and economically, are extremely valuable in increasing our understanding of whole building performance in severe earthquakes. Given current initiatives underway on both sides of the Tasman towards developing joint Australasian steel and composite steel/concrete design and construction standards that would span a very wide range of geological conditions and seismic zones, these lessons are relevant to both countries. This paper focusses on the performance of steel framed buildings in Christchurch city, with greatest emphasis on multi-storey buildings, but also covering single storey steel framed buildings and light steel framed housing. It addresses such issues as the magnitude and structural impact of the earthquake series, importance of good detailing, lack of observed column base hinging, the excellent performance of composite floors and it will briefly cover research underway to quantify some of these effects for use in design.
The Canterbury earthquake sequence of 2010-2011 wrought ruptures in not only the physical landscape of Canterbury and Christchurch’s material form, but also in its social, economic, and political fabrics and the lives of Christchurch inhabitants. In the years that followed, the widespread demolition of the CBD that followed the earthquakes produced a bleak landscape of grey rubble punctuated by damaged, abandoned buildings. It was into this post-earthquake landscape that Gap Filler and other ‘transitional’ organisations inserted playful, creative, experimental projects to bring life and energy back into the CBD. This thesis examines those interventions and the development of the ‘Transitional Movement’ between July 2013 and June 2015 via the methods of walking interviews and participant observation. This critical period in Christchurch’s recovery serves as an example of what happens when do-it-yourself (DIY) urbanism is done at scale across the CBD and what urban experimentation can offer city-making. Through an understanding of space as produced, informed by Lefebvre’s thinking, I explore how these creative urban interventions manifested a different temporality to orthodox planning and demonstrate how the ‘soft’ politics of these interventions contain the potential for gentrification and also a more radical politics of the city, by creating an opening space for difference.
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.
Critical infrastructure networks are highly relied on by society such that any disruption to service can have major social and economic implications. Furthermore, these networks are becoming increasingly dependent on each other for normal operation such that an outage or asset failure in one system can easily propagate and cascade across others resulting in widespread disruptions in terms of both magnitude and spatial reach. It is the vulnerability of these networks to disruptions and the corresponding complexities in recovery processes which provide direction to this research. This thesis comprises studies contributing to two areas (i) the modelling of national scale in-terdependent infrastructure systems undergoing major disruptions, and (ii) the tracking and quantification of infrastructure network recovery trajectories following major disruptions. Firstly, methods are presented for identifying nationally significant systemic vulnerabilities and incorporating expert knowledge into the quantification of infrastructure interdependency mod-elling and simulation. With application to the interdependent infrastructures networks across New Zealand, the magnitudes and spatial extents of disruption are investigated. Results high-light the importance in considering interdependencies when assessing disruptive risks and vul-nerabilities in disaster planning applications and prioritising investment decisions for enhancing resilience of national networks. Infrastructure dependencies are further studied in the context of recovery from major disruptions through the analysis of curves measuring network functionality over time. Continued studies into the properties of recovery curves across a database of global natural disasters produce statistical models for predicting the trajectory and expected recovery times. Finally, the use of connectivity based metrics for quantifying infrastructure system functionality during recovery are considered with a case study application to the Christchurch Earthquake (February 22, 2011) wastewater network response.
Disasters, either man-made or natural, are characterised by a multiplicity of factors including loss of property, life, environmental degradation, and psychosocial malfunction of the affected community. Although much research has been undertaken on proactive disaster management to help reduce the impacts of natural and man-made disasters, many challenges still remain. In particular, the desire to re-house the affected as quickly as possible can affect long-term recovery if a considered approach is not adopted. Promoting recovery activities, coordination, and information sharing at national and international levels are crucial to avoid duplication. Mannakkara and Wilkinson’s (2014) modified “Build Back Better” (BBB) concept aims for better resilience by incorporating key resilience elements in post-disaster restoration. This research conducted an investigation into the effectiveness of BBB in the recovery process after the 2010–2011 earthquakes in greater Christchurch, New Zealand. The BBB’s impact was assessed in terms of its five key components: built environment, natural environment, social environment, economic environment, and implementation process. This research identified how the modified BBB propositions can assist in disaster risk reduction in the future, and used both qualitative and quantitative data from both the Christchurch and Waimakariri recovery processes. Semi-structured interviews were conducted with key officials from the Christchurch Earthquake Recovery Authority, and city councils, and supplemented by reviewing of the relevant literature. Collecting data from both qualitative and quantitative sources enabled triangulation of the data. The interviewees had directly participated in all phases of the recovery, which helped the researcher gain a clear understanding of the recovery process. The findings led to the identification of best practices from the Christchurch and Waimakariri recovery processes and underlined the effectiveness of the BBB approach for all recovery efforts. This study contributed an assessment tool to aid the measurement of resilience achieved through BBB indicators. This tool provides systematic and structured approach to measure the performance of ongoing recovery.
As damage and loss caused by natural hazards have increased worldwide over the past several decades, it is important for governments and aid agencies to have tools that enable effective post-disaster livelihood recovery to create self-sufficiency for the affected population. This study introduces a framework of critical components that constitute livelihood recovery and the critical factors that lead to people’s livelihood recovery. A comparative case study is employed in this research, combined with questionnaire surveys and interviews with those communities affected by large earthquakes in Lushan, China and in Christchurch and Kaikōura, New Zealand. In Lushan, China, a framework with four livelihood components was established, namely, housing, employment, wellbeing and external assistance. Respondents considered recovery of their housing to be the most essential element for livelihood diversification. External assistance was also rated highly in assisting with their livelihood recovery. Family ties and social connections seemed to have played a larger role than that of government agencies and NGOs. However, the recovery of livelihood cannot be fully achieved without wellbeing aspects being taken into account, and people believed that quality of life and their physical and mental health were essential for livelihood restoration. In Christchurch, New Zealand, the identified livelihood components were validated through in-depth interviews. The results showed that the above framework presenting what constitutes successful livelihood recovery could also be applied in Christchurch. This study also identified the critical factors to affect livelihood recovery following the Lushan and Kaikōura earthquakes, and these include community safety, availability of family support, level of community cohesion, long-term livelihood support, external housing recovery support, level of housing recovery and availability of health and wellbeing support. The framework developed will provide guidance for policy makers and aid agencies to prioritise their strategies and initiatives in assisting people to reinstate their livelihood in a timely manner post-disaster. It will also assist the policy makers and practitioners in China and New Zealand by setting an agenda for preparing for livelihood recovery in non-urgent times so the economic impact and livelihood disruption of those affected can be effectively mitigated.
The quality of multi-owned residential buildings and the capability to maintain that quality into the future is important in preserving not only the monetary value of such housing (Lujanen, 2010) but also the quality of life for its residents. The aim of this paper is to examine the governance and decision-making rules and regulations as they relate to the undertaking of major repairs in multi-owned residential buildings in Finland and New Zealand with particular regard to the Finnish Limited Liability Housing Companies Act 2010 (LLHCA 2010) and the New Zealand Unit Titles Act 2010 (UTA 2010). Currently, major building repairs are topical issues in both countries; in Finland as a result of ageing buildings requiring major re-fitting of pipes and other infrastructure, and in New Zealand as a result of earthquake damage in Christchurch and Leaky Building Syndrome nationwide. Major repairs can be a significant financial burden to unit owners and collective decisions can be difficult to achieve. Interestingly, new legislation that governs multi-owned housing was enacted in both countries in 2010. The recent enactment of this legislation provides an opportunity to examine the UTA 2010 and LLHCA 2010 with regard to how they address major repairs, improvements in housing stock and the financing possibilities associated with these undertakings. More specifically this paper explores housing intensification (i.e. building up, out or alongside existing multi-owned residential buildings on commonly owned land) as a means of financing major repairs. The comparison of governance and decision-making in two different shared ownership systems with different histories and cultural contexts provides a chance to explore the possibilities and challenges that each country faces, and the potential to learn from each other’s practices and develop these further. In this regard the findings from this paper contribute to the academic literature (Bugden 2005; Easthope & Randolph 2009; Dupuis & Dixon 2010; Lujanen 2010; Easthope, Hudson & Randolph 2013) concerning to the governance of multi-owned housing as it relates to intensive housing development and its wider social and economic implications.
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
