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
The research is funded by Callaghan Innovation (grant number MAIN1901/PROP-69059-FELLOW-MAIN) and the Ministry of Transport New Zealand in partnership with Mainfreight Limited. Need – The freight industry is facing challenges related to climate change, including natural hazards and carbon emissions. These challenges impact the efficiency of freight networks, increase costs, and negatively affect delivery times. To address these challenges, freight logistics modelling should consider multiple variables, such as natural hazards, sustainability, and emission reduction strategies. Freight operations are complex, involving various factors that contribute to randomness, such as the volume of freight being transported, the location of customers, and truck routes. Conventional methods have limitations in simulating a large number of variables. Hence, there is a need to develop a method that can incorporate multiple variables and support freight sustainable development. Method - A minimal viable model (MVM) method was proposed to elicit tacit information from industrial clients for building a minimally sufficient simulation model at the early modelling stages. The discrete-event simulation (DES) method was applied using Arena® software to create simulation models for the Auckland and Christchurch corridor, including regional pick-up and delivery (PUD) models, Christchurch city delivery models, and linehaul models. Stochastic variables in freight operations such as consignment attributes, customer locations, and truck routes were incorporated in the simulation. The geographic information system (GIS) software ArcGIS Pro® was used to identify and analyse industrial data. The results obtained from the GIS software were applied to create DES models. Life cycle assessment (LCA) models were developed for both diesel and battery electric (BE) trucks to compare their life cycle greenhouse gas (GHG) emissions and total cost of ownership (TCO) and support GHG emissions reduction. The line-haul model also included natural hazards in several scenarios, and the simulation was used to forecast the stock level of Auckland and Christchurch depots in response to each corresponding scenario. Results – DES is a powerful technique that can be employed to simulate and evaluate freight operations that exhibit high levels of variability, such as regional pickup and delivery (PUD) and linehaul. Through DES, it becomes possible to analyse multiple factors within freight operations, including transportation modes, routes, scheduling, and processing times, thereby offering valuable insights into the performance, efficiency, and reliability of the system. In addition, GIS is a useful tool for analysing and visualizing spatial data in freight operations. This is exemplified by their ability to simulate the travelling salesman problem (TSP) and conduct cluster analysis. Consequently, the integration of GIS into DES modelling is essential for improving the accuracy and reliability of freight operations analysis. The outcomes of the simulation were utilised to evaluate the ecological impact of freight transport by performing emission calculations and generating low-carbon scenarios to identify approaches for reducing the carbon footprint. LCA models were developed based on simulation results. Results showed that battery-electric trucks (BE) produced more greenhouse gas (GHG) emissions in the cradle phase due to battery manufacturing but substantially less GHG emissions in the use phase because of New Zealand's mostly renewable energy sources. While the transition to BE could significantly reduce emissions, the financial aspect is not compelling, as the total cost of ownership (TCO) for the BE truck was about the same for ten years, despite a higher capital investment for the BE. Moreover, external incentives are necessary to justify a shift to BE trucks. By using simulation methods, the effectiveness of response plans for natural hazards can be evaluated, and the system's vulnerabilities can be identified and mitigated to minimize the risk of disruption. Simulation models can also be utilized to simulate adaptation plans to enhance the system's resilience to natural disasters. Novel contributions – The study employed a combination of DES and GIS methods to incorporate a large number of stochastic variables and driver’s decisions into freight logistics modelling. Various realistic operational scenarios were simulated, including customer clustering and PUD truck allocation. This showed that complex pickup and delivery routes with high daily variability can be represented using a model of roads and intersections. Geographic regions of high customer density, along with high daily variability could be represented by a two-tier architecture. The method could also identify delivery runs for a whole city, which has potential usefulness in market expansion to new territories. In addition, a model was developed to address carbon emissions and total cost of ownership of battery electric trucks. This showed that the transition was not straightforward because the economics were not compelling, and that policy interventions – a variety were suggested - could be necessary to encourage the transition to decarbonised freight transport. A model was developed to represent the effect of natural disasters – such as earthquake and climate change – on road travel and detour times in the line haul freight context for New Zealand. From this it was possible to predict the effects on stock levels for a variety of disruption scenarios (ferry interruption, road detours). Results indicated that some centres rather than others may face higher pressure and longer-term disturbance after the disaster subsided. Remedies including coastal shipping were modelled and shown to have the potential to limit the adverse effects. A philosophical contribution was the development of a methodology to adapt the agile method into the modelling process. This has the potential to improve the clarification of client objectives and the validity of the resulting model.
<strong>Sea level rise is one consequence of Earth’s changing climate. Century-long tide gauge records show that global-mean sea-level rise reached 11-16 cm during the twentieth century at a mean rate of 1.2 mm/y. Today, the average rate of global-mean sea-level rise is higher at 3-4 mm/y and is expected to increase in the future. This represents a hazard to low elevation coastal zones worldwide. Yet, before global sea level projections can be used to characterise future coastal flood hazard at a local scale, the effects of tectonics (and other processes) that drive vertical land motion (VLM) must be considered. VLM is defined as the vertical velocity (uplift or subsidence) of the solid surface with respect to the centre of Earth. In this study, new VLM maps are generated over coastal strips in New Zealand, using Sentinel-1 InSAR and GNSS data.</strong>In New Zealand, measuring VLM using InSAR on naturally vegetated or agricultural land is difficult due to signal decorrelation. Along the rural Bay of Plenty coastal strip, I use a persistent-scatterer approach to generate a VLM map from both east-looking ascending and west-looking descending Sentinel-1 data between 2015-2021. Using time-series data over the same time period from a dense network of 20 GNSS sensors, I tie InSAR-derived line-of-sight velocity to the 2014 ITRF reference frame. I test two different methods for measuring VLM and compare the results against GNSS vertical velocity along the Bay of Plenty coast. Best results are achieved by first removing the interpolated horizontal GNSS velocity field from each of the InSAR datasets, before averaging the two VLM estimates. Measured VLM is between -3 and 3 mm/y, with negative values (subsidence) occurring within the low-lying Rangitāiki Plain and Ōpōtiki valley, and uplift across the elevated region west of Matatā.This thesis integrates geomorphological, geological, and historical levelling VLM records with modern satellite datasets to assess VLM across timescales ranging from 10 to 100,000 years at Matatā. Uplift rate has been variable through time, with average uplift over the last 300,000 years of 1 mm/y, 4.5 mm/y since 1720 years, 2 mm/y between 1950-1978, and 10 mm/y between 2004-2011. Previous modelling has shown that the best fit to the 2004-2011 rapid uplift rates is an inflating magmatic source at ~10 km depth beneath Matatā. To reconcile all data, I present a VLM model that consists of short-lived periods (7 years) of rapid uplift (10 mm/y), separated by longer periods (30 years) of lower background uplift (3 mm/y). The episodic nature of VLM at Matatā likely reflects short-lived periods of magmatic intrusion. Episodic VLM characterised by large rates of uplift (10 mm/y) has been seen at Taupō volcano, and other volcanic centers globally. It has been 12 years since the end of the last intrusion episode; this modelling suggest one may expect to observe increased uplift rates at Matatā in the coming decades. Densely populated urban coastal strips are most at risk from the effects of relative sea-level rise. At the same time, anthropogenic activities associated with urbanization, such as groundwater withdrawal, and land reclamation can lead to local land subsidence (LLS), further exacerbating the risk to urban infrastructure. LLS refers to subsidence relative to nearby land area assumed to be stable. In this thesis, I create the first high-resolution (10 m) maps of LLS at six urban coastal strips in New Zealand, with a combined length of 285 km, using Sentinel-1 InSAR data between 2018-2021. This analysis reveals 89% of urban coastal strips are subsiding at rates of -0.5 mm/y or greater, and 11% is subsiding at higher rates of -3.0 mm/y or greater. On average, subsidence is -0.6 to -2.9 mm/y higher at the coastal strip, compared to inland areas occupied by GNSS stations. This analysis also documents highly-localised hotspots of LLS, with subsidence rates of up to -15 mm/y. In Christchurch, rapid and localised subsidence (-8 mm/y) is observed within coastal suburbs New Brighton and Southshore. In most cities, the highest subsidence rates occur on land reclaimed in the early-late twentieth century, and in areas built on Holocene sediment. Time-series analysis of LLS at sites of reclaimed land shows both linear and non-linear rates of deformation over time periods of up to 6-8 years. This thesis highlights the variable exposure to relative sea-level rise of New Zealand coastal strips, and demonstrates that in many cases current rates of VLM should be expected to continue for the next few decades.
