Quick and reliable assessment of the condition of bridges in a transportation network after an earthquake can greatly assist immediate post-disaster response and long-term recovery. However, experience shows that available resources, such as qualified inspectors and engineers, will typically be stretched for such tasks. Structural health monitoring (SHM) systems can therefore make a real difference in this context. SHM, however, needs to be deployed in a strategic manner and integrated into the overall disaster response plans and actions to maximize its benefits. This study presents, in its first part, a framework of how this can be achieved. Since it will not be feasible, or indeed necessary, to use SHM on every bridge, it is necessary to prioritize bridges within individual networks for SHM deployment. A methodology for such prioritization based on structural and geotechnical seismic risks affecting bridges and their importance within a network is proposed in the second part. An example using the methodology application to selected bridges in the medium-sized transportation network of Wellington, New Zealand is provided. The third part of the paper is concerned with using monitoring data for quick assessment of bridge condition and damage after an earthquake. Depending on the bridge risk profile, it is envisaged that data will be obtained from either local or national seismic monitoring arrays or SHM systems installed on bridges. A method using artificial neural networks is proposed for using data from a seismic array to infer key ground motion parameters at an arbitrary bridges site. The methodology is applied to seismic data collected in Christchurch, New Zealand. Finally, how such ground motion parameters can be used in bridge damage and condition assessment is outlined. AM - Accepted manuscript
Post-tensioned timber technology was originally developed and researched at the University of Canterbury (UC) in New Zealand in 2005. It can provide a low-damage seismic design solution for multi-storey mass timber buildings. Since mass timber products, such as cross-laminated timber (CLT), have high in-plane stiffness, a post-tensioned timber shear wall will deform mainly in a rocking mechanism. The moment capacity of the wall at the base is commonly determined using the elastic form of the Modified Monolithic Beam Analogy (MMBA). In the calculation of the moment capacity at the wall base, it is critical to accurately predict the location of the neutral axis and the timber compressive stress distribution. Three 2/3 scale 8.6m tall post-tensioned CLT walls were experimentally tested under quasi-static cyclic loading – both uni-directional and bi-directional- in this study. These specimens included a single wall, a coupled wall, and a C-shaped core-wall. The main objective was to develop post-tensioned C-shaped timber core-walls for tall timber buildings with enhanced lateral strength and stiffness. To better understand the timber compressive stress distributions at the wall base, particle tracking technology (PTT) technology was applied for the first time to investigate the behaviour of the compression toe. Previous post-tensioned timber testing primarily used the displacement measurements to determine the timber compressive behavior at the wall base or rocking interfaces. However, by using PTT technology, the timber strain measurements in the compression zone can be much more accurate as PTT is able to track the movement of many particles on the timber surface. This paper presents experimental testing results of post-tensioned CLT walls with a focus on capturing timber compressive behavior using PTT. The PTT measurements were able to better capture small base rotations which occurred at the onset of gap opening and capture unexpected phenomena in core-wall tests. The single wall test result herein presented indicates that while the MMBA could predict the moment rotation behavior with reasonable accuracy, the peak strain response was under predicted in the compression toe. Further detailed study is required to better understand the complex strain fields generated reflective of the inherent cross-thickness inhomogeneity and material variability of CLT.
The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.
To reduce seismic vulnerability and the economic impact of seismic structural damage, it is important to protect structures using supplemental energy dissipation devices. Several types of supplemental damping systems can limit loads transferred to structures and absorb significant response energy without sacrificial structural damage. Lead extrusion dampers are one type of supplemental energy dissipation devices. A smaller volumetric size with high force capacities, called high force to volume (HF2V) devices, have been employed in a large series of scaled and full-scaled experiments, as well as in three new structures in Christchurch and San Francisco. HF2V devices have previously been designed using very simple models with limited precision. They are then manufactured, and tested to ensure force capacities match design goals, potentially necessitating reassembly or redesign if there is large error. In particular, devices with a force capacity well above or below a design range can require more testing and redesign, leading to increased economic and time cost. Thus, there is a major need for a modelling methodology to accurately estimate the range of possible device force capacity values in the design phase – upper and lower bounds. Upper and lower bound force capacity estimates are developed from equations in the metal extrusion literature. These equations consider both friction and extrusion forces between the lead and the bulged shaft in HF2V devices. The equations for the lower and upper bounds are strictly functions of device design parameters ensuring easy use in the design phase. Two different sets of estimates are created, leading to estimates for the lower and upper bounds denoted FLB,1, FUB,1, FUB,2, respectively. The models are validated by comparing the bounds with experimental force capacity data from 15 experimental HF2V device tests. All lower bound estimates are below or almost equal to the experimental device forces, and all upper bound estimates are above. Per the derivation, the (FLB,1, FUB,1) pair provide narrower bounds. The (FLB,1, FUB,1) pair also had a mean lower bound gap of -34%, meaning the lower bound was 74% of device force on average, while the mean upper bound gap for FUB,1 was +23%. These are relatively tight bounds, within ~±2 SE of device manufacture, and can be used as a guide to ensure device forces are in range for the actual design use when manufactured. Therefore, they provide a useful design tool.
Supplemental energy dissipation devices are increasingly used to protect structures, limit loads transferred to structural elements and absorbing significant response energy without sacrificial structural damage. Lead extrusion dampers are supplemental energy dissipation devices, where recent development of smaller volumetric size with high force capacities, called high force to volume (HF2V) devices, has seen deployment in a large series of scaled and full-scaled experiments, as well as in three new structures in Christchurch, NZ and San Francisco, USA. HF2V devices have previously been designed using limited precision models, so there is variation in force prediction capability. Further, while the overall resistive force is predicted, the knowledge of the relative contributions of the different internal reaction mechanisms to these overall resistive forces is lacking, limiting insight and predictive accuracy in device design. There is thus a major need for detailed design models to better understand force generation, and to aid precision device design. These outcomes would speed the overall design and implementation process for uptake and use, reducing the need for iterative experimental testing. Design parameters from 17 experimental HF2V device tests are used to create finite element models using ABAQUS. The analysis is run using ABAQUS Explicit, in multiple step times of 1 second with automatic increments, to balance higher accuracy and computational time. The output is obtained from the time- history output of the contact pressure forces including the normal and friction forces on the lead along the shaft. These values are used to calculate the resistive force on the shaft as it moves through the lead, and thus the device force. Results of these highly nonlinear, high strain analyses are compared to experimental device force results. Model errors compared to experimental results for all 17 devices ranged from 0% to 20% with a mean absolute error of 6.4%, indicating most errors were small. In particular, the standard error in manufacturing is SE = ±14%. In this case, 15 of 17 devices (88%) are within ±1SE (±14%) and 2 of 17 devices (12%) are within ±2SE (±28). These results show low errors and a distribution of errors compared to experimental results that are within experimental device construction variability. The overall modelling methodology is objective and repeatable, and thus generalizable. The exact same modelling approach is applied to all devices with only the device geometry changing. The results validate the overall approach with relatively low error, providing a general modelling methodology for accurate design of HF2V devices.
Several concrete cladding panels were damaged during the 2011 Christchurch Earthquakes in New Zealand. Damage included partial collapse of panels, rupture of joint sealants, cracking and corner crushing. Installation errors, faulty connections and inadequate detailing were also contributing factors to the damage. In New Zealand, two main issues are considered in order to accommodate story drifts in the design of precast cladding panels: 1) drift compatibility of tieback or push-pull connections and 2) drift compatibility of corner joints. Tieback connections restrain the panels in the out-of-plane direction while allowing in-plane translation with respect to the building frame. Tieback connections are either in the form of slots or oversized holes or ductile rods usually located at the top of the panels. Bearing connections are also provided at the bottom of panels to transfer gravity loads. At the corners of a building, a vertical joint gap, usually filled with sealants, is provided between the two panels on the two orthogonal sides to accommodate the relative movement. In cases where the joint gap is not sufficient to accommodate the relative movements, panels can collide, generating large forces and the likely failure of the connections. On the other hand, large gaps are aesthetically unpleasing. The current design standards appear to recognize these issues but then leave most of the design and detailing to the discretion of the designers. In the installation phase, the alignment of panels is one of the main challenges faced by installers (and/or contractors). Many prefer temporary props to guide, adjust and hold the panels in place whilst the bearing connections are welded. Moreover, heat generated from extensive welding can twist the steel components inducing undesirable local stresses in the panels. Therefore, the installation phase itself is time-consuming, costly and prone to errors. This paper investigates the performance of a novel panel system that is designed to accommodate lateral inter-story drift through a ‘rocking’ motion. In order to gauge the feasibility of the system, six 2m high precast concrete panels within a single-story steel frame structure have been tested under increasing levels of lateral cyclic drift at the University of Canterbury, New Zealand. Three different panel configurations are tested: 1) a panel with return cover and a flat panel at a corner under unidirectional loading, 2) Two adjacent flat panels under unidirectional loading, and 3) Two flat panels at another oblique corner under bidirectional loading. A vertical seismic joint of 25 mm, filled with one-stage joint sealant, is provided between two of the panels. The test results show the ability of the panels with ‘rocking’ connection details to accommodate larger lateral drifts whilst allowing for smaller vertical joints between panels at corners, quick alignment and easy placement of panels without involving extensive welding on site.
In recent years, rocking isolation has become an effective approach to improve seismic performance of steel and reinforced concrete structures. These systems can mitigate structural damage through rigid body displacement and thus relatively low requirements for structural ductility, which can significantly improve seismic resilience of structures and reduce repairing costs after strong earthquakes. A number of base rocking structural systems with only a single rocking interface have been proposed. However, these systems can have significant high mode effect for high rise structures due to the single rocking interface. This RObust BUilding SysTem (ROBUST) project is a collaborative China-New Zealand project sponsored by the International Joint Research Laboratory of Earthquake Engineering (ILEE), Tongji University, and a number of agencies and universities within New Zealand including the BRANZ, Comflor, Earthquake Commission, HERA, QuakeCoRE, QuakeCentre, University of Auckland, and the University of Canterbury. A number of structural configurations will be tested [1, 2], and non-structural elements including ceilings, infilling walls, glazed curtain walls, precast concrete panels, piping system will also be tested in this project [3]. Within this study, a multiple rocking column steel structural system was proposed and investigated mainly by Tongji team with assistance of NZ members. The concept of rocking column system initiates from the structure of Chinese ancient wooden pagoda. In some of Chinese wooden pagodas, there are continuous core columns hanged only at the top of each pagoda, which is not connected to each stories. This core column can effectively avoid collapse of the whole structure under large storey drifts. Likewise, there are also central continuous columns in the newly proposed steel rocking column system, which can avoid weak story failure mechanism and make story drifts more uniform. In the proposed rocking column system, the structure can switch between an elastic rigidly connected moment resisting frame and a controlled rocking column system when subjected to strong ground motion excitations. The main seismic energy can be dissipated by asymmetric friction beam–column connections, thereby effectively reducing residual displacement of the structure under seismic loading without causing excessive damage to structural members. Re–centering of the structure is provided not only by gravity load carried by rocking columns, but also by mould coil springs. To investigate dynamic properties of the proposed system under different levels of ground excitations, a full-scale threestory steel rocking column structural system with central continuous columns is to be tested using the International joint research Laboratory of Earthquake Engineering (ILEE) facilities, Shanghai, China and an analytical model is established. A finite element model is also developed using ABAQUS to simulate the structural dynamic responses. The rocking column system proposed in this paper is shown to produce resilient design with quick repair or replacement.
4th September 2010 a 7.1 magnitude earthquake strikes near Christchurch, New Zealand’s second largest city of approximately 370,000 people. This is followed by a 6.3 magnitude quake on 22nd February 2011 and a 6.4 on 13th June. In February 181 people died and a state of national emergency was declared from 23 February to 30th April. Urban Search and Rescue teams with 150 personnel from New Zealand and 429 from overseas worked tirelessly in addition to Army, Police and Fire services. Within the central business district 1,000 buildings (of 4,000) are expected to be demolished. An estimated 10,000 houses require demolition and over 100,000 were damaged. Meanwhile the over 7,000 aftershocks have become part of the “new normal” for us all. During this time how have libraries supported their staff? What changes have been made to services? What are the resourcing opportunities? This presentation will provide a personal view from Lincoln University, Te Whare Wanaka o Aoraki, Library Teaching and Learning. Lincoln is New Zealand's third oldest university having been founded in 1878. Publicly owned and operated it is New Zealand's specialist land-based university. Lincoln is based on the Canterbury Plains, 22 kilometres south of Christchurch. On campus there was mostly minor damage to buildings while in the Library 200,000 volumes were thrown from the shelves. I will focus on the experiences of the Disaster Team and on our experiences with hosting temporarily displaced staff and students from the Christchurch Polytechnic Institute of Technology, Library, Learning & Information Services. Experiences from two other institutions will be highlighted: Christchurch City Libraries, Ngā Kete Wānanga-o-Ōtautahi. Focusing on the Māori Services Team and the Ngā Pounamu Māori and Ngāi Tahu collections. The Central library located within the red zone cordon has been closed since February, the Central library held the Ngā Pounamu Māori and Ngai Tahu collections, the largest Māori collections in the Christchurch public library network. The lack of access to these collections changed the way the Māori Services Team, part of the larger Programmes, Events and Learning Team at Christchurch City Libraries were able to provide services to their community resulting in new innovative outreach programmes and a focus on promotion of online resources. On 19th December the “temporary” new and smaller Central library Peterborough opened. The retrieved Ngā Pounamu Māori and Ngai Tahu collections "Ngā rakau teitei e iwa”, have since been re-housed and are once again available for use by the public. Te Rūnanga o Ngāi Tahu. This organisation, established by the Te Rūnanga o Ngāi Tahu Act 1996, services the statutory rights for the people of Ngāi Tahu descent and ensures that the benefits of their Treaty Claim Settlement are enjoyed by Ngāi Tahu now and in the future. Ngāi Tahu are the indigenous Māori people of the southern islands of New Zealand - Te Waipounamu. The iwi (people) hold the rangatiratanga or tribal authority to over 80 per cent of the South Island. With their headquarters based in the central business they have also had to be relocated to temporary facilities. This included their library/archive collection of print resources, art works and taonga (cultural treasures).
In the period between September 2010 and December 2011, Christchurch (New Zealand) and its surroundings were hit by a series of strong earthquakes including six significant events, all generated by local faults in proximity to the city: 4 September 2010 (Mw=7.1), 22 February 2011 (Mw=6.2), 13 June 2011 (Mw=5.3 and Mw=6.0) and 23 December 2011 (M=5.8 and (M=5.9) earthquakes. As shown in Figure 1, the causative faults of the earthquakes were very close to or within the city boundaries thus generating very strong ground motions and causing tremendous damage throughout the city. Christchurch is shown as a lighter colour area, and its Central Business District (CBD) is marked with a white square area in the figure. Note that the sequence of earthquakes started to the west of the city and then propagated to the south, south-east and east of the city through a set of separate but apparently interacting faults. Because of their strength and proximity to the city, the earthquakes caused tremendous physical damage and impacts on the people, natural and built environments of Christchurch. The 22 February 2011 earthquake was particularly devastating. The ground motions generated by this earthquake were intense and in many parts of Christchurch substantially above the ground motions used to design the buildings in Christchurch. The earthquake caused 182 fatalities, collapse of two multi-storey reinforced concrete buildings, collapse or partial collapse of many unreinforced masonry structures including the historic Christchurch Cathedral. The Central Business District (CBD) of Christchurch, which is the central heart of the city just east of Hagley Park, was practically lost with majority of its 3,000 buildings being damaged beyond repair. Widespread liquefaction in the suburbs of Christchurch, as well as rock falls and slope/cliff instabilities in the Port Hills affected tens of thousands of residential buildings and properties, and shattered the lifelines and infrastructure over approximately one third of the city area. The total economic loss caused by the 2010-2011 Christchurch earthquakes is currently estimated to be in the range between 25 and 30 billion NZ dollars (or 15% to 18% of New Zealand’s GDP). After each major earthquake, comprehensive field investigations and inspections were conducted to document the liquefaction-induced land damage, lateral spreading displacements and their impacts on buildings and infrastructure. In addition, the ground motions produced by the earthquakes were recorded by approximately 15 strong motion stations within (close to) the city boundaries providing and impressive wealth of data, records and observations of the performance of ground and various types of structures during this unusual sequence of strong local earthquakes affecting a city. This paper discusses the liquefaction in residential areas and focuses on its impacts on dwellings (residential houses) and potable water system in the Christchurch suburbs. The ground conditions of Christchurch including the depositional history of soils, their composition, age and groundwater regime are first discussed. Detailed liquefaction maps illustrating the extent and severity of liquefaction across Christchurch triggered by the sequence of earthquakes including multiple episodes of severe re-liquefaction are next presented. Characteristic liquefaction-induced damage to residential houses is then described focussing on the performance of typical house foundations in areas affected by liquefaction. Liquefaction impacts on the potable water system of Christchurch is also briefly summarized including correlation between the damage to the system, liquefaction severity, and the performance of different pipe materials. Finally, the characteristics of Christchurch liquefaction and its impacts on built environment are discussed in relation to the liquefaction-induced damage in Japan during the 11 March 2011 Great East Japan Earthquake.
This paper reports on a service-learning public journalism project in which postgraduate journalism students explore ways to engage with and report on diverse communities. Media scholars have argued that news media, and local newspapers in particular, must re-engage with their communities. Likewise, journalism studies scholars have urged educators to give journalism students greater opportunities to reflect on their work by getting out among journalism’s critics, often consumers or citizens concerned about content and the preparation of future journalists. The challenge for journalism educators is to prepare students for working in partnership with communities while also developing their ability to operate reflectively and critically within the expectations of the news media industry and wider society. The aim of this project has been to help students find ways to both listen and lead in a community, and also reflect on the challenges and critiques of community journalism practices. The project began in 2013 with stories about residents’ recovery following the devastating 2011 Canterbury earthquakes, and aimed to create stories that could contribute to community connection and engagement, and thereby resilience and recovery. The idea was inspired by research about post-disaster renewal that indicated that communities with strong social capital and social networks were more resilient and recovered more quickly and strongly. The project’s longer-term aim has been to explore community journalism practices that give greater power to citizens and communities by prioritising listening and processes of engagement. Over several months, students network with a community group to identify subjects with whom they will co-create a story, and then complete a story on which they must seek the feedback of their subject. Community leaders have described the project as a key example of how to do things “with people not to people”, and an outstanding contribution to the community-led component of Canterbury’s recovery. Analysis of student reflections, which are a key part of each year’s project, reveals the process of engaging with communities has helped students to map community dynamics, think more critically about source relationships, editorial choices and objectivity norms, and to develop a perspective on the diverse ways they can go about their journalism in the future. Each year, students partner with different groups and organisations, addressing different themes each time the project runs. For 2016, the programme proposes to develop the project in a new way, by not just exploring a community’s stories but also exploring its media needs and it aims to work with Christchurch’s new migrant Filipino community to develop the groundwork for a community media and/or communication platform, which Filipino community leaders say is a pressing need. For this iteration, journalism students will be set further research tasks aimed at deepening their ‘public listening’: they will conduct a survey of community members’ media use and needs as well as qualitative research interviews. It is hoped that the data collected will strengthen students’ understanding of their own journalism practice, as well as form the basis for work on developing media tools for minority groups who are generally poorly represented in mainstream media. In 2015, the journalism programme surveyed its community partners and held follow-up interviews with 13 of 18 story subjects to elicit further feedback on its news content and thereby deepen understanding of different community viewpoints. The survey and interview data revealed the project affected story subjects in a number of positive and interesting ways. Subjects said they appreciated the way student reporters took their time to build relationships and understand the context of the community groups with which they were involved, and contrasted this with their experience of professional journalists who had held pre-conceived assumptions about stories and/or rushed into interviews. As a direct consequence of the students’ approach, participants said they better trusted the student journalists to portray them accurately and fairly. Most were also encouraged by the positive recognition stories brought and several said the engagement process had helped their personal development, all of which had spin-offs for their community efforts. The presentation night that wraps up each year’s project, where community groups, story subjects and students come together to network and share the final stories, was cited as a significant positive aspect of the project and a great opportunity for community partners to connect with others doing similar work. Community feedback will be sought in future projects to inform and improve successive iterations.
In the last century, seismic design has undergone significant advancements. Starting from the initial concept of designing structures to perform elastically during an earthquake, the modern seismic design philosophy allows structures to respond to ground excitations in an inelastic manner, thereby allowing damage in earthquakes that are significantly less intense than the largest possible ground motion at the site of the structure. Current performance-based multi-objective seismic design methods aim to ensure life-safety in large and rare earthquakes, and to limit structural damage in frequent and moderate earthquakes. As a result, not many recently built buildings have collapsed and very few people have been killed in 21st century buildings even in large earthquakes. Nevertheless, the financial losses to the community arising from damage and downtime in these earthquakes have been unacceptably high (for example; reported to be in excess of 40 billion dollars in the recent Canterbury earthquakes). In the aftermath of the huge financial losses incurred in recent earthquakes, public has unabashedly shown their dissatisfaction over the seismic performance of the built infrastructure. As the current capacity design based seismic design approach relies on inelastic response (i.e. ductility) in pre-identified plastic hinges, it encourages structures to damage (and inadvertently to incur loss in the form of repair and downtime). It has now been widely accepted that while designing ductile structural systems according to the modern seismic design concept can largely ensure life-safety during earthquakes, this also causes buildings to undergo substantial damage (and significant financial loss) in moderate earthquakes. In a quest to match the seismic design objectives with public expectations, researchers are exploring how financial loss can be brought into the decision making process of seismic design. This has facilitated conceptual development of loss optimisation seismic design (LOSD), which involves estimating likely financial losses in design level earthquakes and comparing against acceptable levels of loss to make design decisions (Dhakal 2010a). Adoption of loss based approach in seismic design standards will be a big paradigm shift in earthquake engineering, but it is still a long term dream as the quantification of the interrelationships between earthquake intensity, engineering demand parameters, damage measures, and different forms of losses for different types of buildings (and more importantly the simplification of the interrelationship into design friendly forms) will require a long time. Dissecting the cost of modern buildings suggests that the structural components constitute only a minor portion of the total building cost (Taghavi and Miranda 2003). Moreover, recent research on seismic loss assessment has shown that the damage to non-structural elements and building contents contribute dominantly to the total building loss (Bradley et. al. 2009). In an earthquake, buildings can incur losses of three different forms (damage, downtime, and death/injury commonly referred as 3Ds); but all three forms of seismic loss can be expressed in terms of dollars. It is also obvious that the latter two loss forms (i.e. downtime and death/injury) are related to the extent of damage; which, in a building, will not just be constrained to the load bearing (i.e. structural) elements. As observed in recent earthquakes, even the secondary building components (such as ceilings, partitions, facades, windows parapets, chimneys, canopies) and contents can undergo substantial damage, which can lead to all three forms of loss (Dhakal 2010b). Hence, if financial losses are to be minimised during earthquakes, not only the structural systems, but also the non-structural elements (such as partitions, ceilings, glazing, windows etc.) should be designed for earthquake resistance, and valuable contents should be protected against damage during earthquakes. Several innovative building technologies have been (and are being) developed to reduce building damage during earthquakes (Buchanan et. al. 2011). Most of these developments are aimed at reducing damage to the buildings’ structural systems without due attention to their effects on non-structural systems and building contents. For example, the PRESSS system or Damage Avoidance Design concept aims to enable a building’s structural system to meet the required displacement demand by rocking without the structural elements having to deform inelastically; thereby avoiding damage to these elements. However, as this concept does not necessarily reduce the interstory drift or floor acceleration demands, the damage to non-structural elements and contents can still be high. Similarly, the concept of externally bracing/damping building frames reduces the drift demand (and consequently reduces the structural damage and drift sensitive non-structural damage). Nevertheless, the acceleration sensitive non-structural elements and contents will still be very vulnerable to damage as the floor accelerations are not reduced (arguably increased). Therefore, these concepts may not be able to substantially reduce the total financial losses in all types of buildings. Among the emerging building technologies, base isolation looks very promising as it seems to reduce both inter-storey drifts and floor accelerations, thereby reducing the damage to the structural/non-structural components of a building and its contents. Undoubtedly, a base isolated building will incur substantially reduced loss of all three forms (dollars, downtime, death/injury), even during severe earthquakes. However, base isolating a building or applying any other beneficial technology may incur additional initial costs. In order to provide incentives for builders/owners to adopt these loss-minimising technologies, real-estate and insurance industries will have to acknowledge the reduced risk posed by (and enhanced resilience of) such buildings in setting their rental/sale prices and insurance premiums.
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
