Following the 22 February 2011, MW 6.2 earthquake located on a fault beneath the Port Hills of Christchurch, fissuring of up to several hundred metres in length was observed in the loess and loess-colluvium of foot-slope positions in north-facing valleys of the Port Hills. The fissuring was observed in all major valleys, occurred at similar low altitudes, showing a contour-parallel orientation and often accompanied by both lateral compression/extension features and spring formation in the valley floor below. Fissuring locations studied in depth included Bowenvale Valley, Hillsborough Valley, Huntlywood Terrace–Lucas Lane, Bridle Path Road, and Maffeys Road–La Costa Lane. Investigations into loess soil, its properties and mannerisms, as well as international examples of its failure were undertaken, including study of the Loess Plateau of China, the Teton Dam, and palaeo-fissuring on Banks Peninsula. These investigations lead to the conclusion that loess has the propensity to fail, often due to the infiltration of water, the presence of which can lead to its instantaneous disaggregation. Literature study and laboratory analysis of Port Hills loess concluded that is has the ability to be stable in steep, sub-vertical escarpments, and often has a sub-vertically jointed internal structure and has a peak shear strength when dry. Values for cohesion, c (kPa) and the internal friction angle, ϕ (degrees) of Port Hills loess were established. The c values for the 40 Rapaki Road, 3 Glenview Terrace loess samples were 13.4 kPa and 19.7 kPa, respectively. The corresponding ϕ values were thought unusually high, at 42.0° and 43.4°.The analysed loess behaved very plastically, with little or no peak strength visible in the plots as the test went almost directly to residual strength. A geophysics resistivity survey showed an area of low resistivity which likely corresponds to a zone of saturated clayey loess/loess colluvium, indicating a high water table in the area. This is consistent with the appearances of local springs which are located towards the northern end of each distinct section of fissure trace and chemical analysis shows that they are sourced from the Port Hills volcanics. Port Hills fissuring may be sub-divided into three categories, Category A, Category B, and Category C, each characterised by distinctive features of the fissures. Category A includes fissures which display evidence of, spring formation, tunnel-gullying, and lateral spreading-like behaviour or quasi-toppling. These fissures are several metres down-slope of the loess-bedrock interface, and are in valleys containing a loess-colluvium fill. Category B fissures are in wider valleys than those in Category A, and the valleys contain estuarine silty sediments which liquefied during the earthquake. Category C fissures occurred at higher elevations than the fissures in the preceding categories, being almost coincident with bedrock outcropping. It is believed that the mechanism responsible for causing the fissuring is a complex combination of three mechanisms: the trampoline effect, bedrock fracturing, and lateral spreading. These three mechanisms can be applied in varying degrees to each of the fissuring sites in categories A, B, and C, in order to provide explanation for the observations made at each. Toppling failure can describe the soil movement as a consequence of the a three causative mechanisms, and provides insight into the movement of the loess. Intra-loess water coursing and tunnel gullying is thought to have encouraged and exacerbated the fissuring, while not being the driving force per se. Incipient landsliding is considered to be the least likely of the possible fissuring interpretations.
Geologic phenomena produced by earthquake shaking, including rockfalls and liquefaction features, provide important information on the intensity and spatiotemporal distribution of earthquake ground motions. The study of rockfall and liquefaction features produced in contemporary well- instrumented earthquakes increases our knowledge of how natural and anthropogenic environments respond to earthquakes and improves our ability to deduce seismologic information from analogous pre-contemporary (paleo-) geologic features. The study of contemporary and paleo- rockfall and liquefaction features enables improved forecasting of environmental responses to future earthquakes. In this thesis I utilize a combination of field and imagery-based mapping, trenching, stratigraphy, and numerical dating techniques to understand the nature and timing of rockfalls (and hillslope sedimentation) and liquefaction in the eastern South Island of New Zealand, and to examine the influence that anthropogenic activity has had on the geologic expressions of earthquake phenomena. At Rapaki (Banks Peninsula, NZ), field and imagery-based mapping, statistical analysis and numerical modeling was conducted on rockfall boulders triggered by the fatal 2011 Christchurch earthquakes (n=285) and compared with newly identified prehistoric (Holocene and Pleistocene) boulders (n=1049) deposited on the same hillslope. A significant population of modern boulders (n=26) travelled farther downslope (>150 m) than their most-travelled prehistoric counterparts, causing extensive damage to residential dwellings at the foot of the hillslope. Replication of prehistoric boulder distributions using 3-dimensional rigid body numerical models requires the application of a drag-coefficient, attributed to moderate to dense slope vegetation, to account for their spatial distribution. Radiocarbon dating provides evidence for 17th to early 20th century deforestation at the study site during Polynesian and European colonization and after emplacement of prehistoric rockfalls. Anthropocene deforestation enabled modern rockfalls to exceed the limits of their prehistoric predecessors, highlighting a shift in the geologic expression of rockfalls due to anthropogenic activity. Optical and radiocarbon dating of loessic hillslope sediments in New Zealand’s South Island is used to constrain the timing of prehistoric rockfalls and associated seismic events, and quantify spatial and temporal patterns of hillslope sedimentation including responses to seismic and anthropogenic forcing. Luminescence ages from loessic sediments constrain timing of boulder emplacement to between ~3.0 and ~12.5 ka, well before the arrival of Polynesians (ca AD 1280) and Europeans (ca AD 1800) in New Zealand, and suggest loess accumulation was continuing at the study site until 12-13 ka. Large (>5 m3) prehistoric rockfall boulders preserve an important record of Holocene hillslope sedimentation by creating local traps for sediment aggradation and upbuilding soil formation. Sediment accumulation rates increased considerably (>~10 factor increase) following human arrival and associated anthropogenic burning of hillslope vegetation. New numerical ages are presented to place the evolution of loess-mantled hillslopes in New Zealand’s South Island into a longer temporal framework and highlight the roles of earthquakes and humans on hillslope surface process. Extensive field mapping and characterization for 1733 individual prehistoric rockfall boulders was conducted at Rapaki and another Banks Peninsula site, Purau, to understand their origin, frequency, and spatial and volumetric distributions. Boulder characteristics and distributions were compared to 421 boulders deposited at the same sites during the 2010-2011 Canterbury earthquake sequence. Prehistoric boulders at Rapaki and Purau are comprised of two dominant lithofacies types: volcanic breccia and massive (coherent) lava basalt. Volcanic breccia boulders are found in greatest abundance (64-73% of total mapped rockfall) and volume (~90-96% of total rockfall) at both locations and exclusively comprise the largest boulders with the longest runout distances that pose the greatest hazard to life and property. This study highlights the primary influence that volcanic lithofacies architecture has on rockfall hazard. The influence of anthropogenic modifications on the surface and subsurface geologic expression of contemporary liquefaction created during the 2010-2011 Canterbury earthquake sequence (CES) in eastern Christchurch is examined. Trench observations indicate that anthropogenic fill layer boundaries and the composition/texture of discretely placed fill layers play an important role in absorbing fluidized sand/silt and controlling the subsurface architecture of preserved liquefaction features. Surface liquefaction morphologies (i.e. sand blows and linear sand blow arrays) display alignment with existing utility lines and utility excavations (and perforated pipes) provided conduits for liquefaction ejecta during the CES. No evidence of pre-CES liquefaction was identified within the anthropogenic fill layers or underlying native sediment. Radiocarbon dating of charcoal within the youngest native sediment suggests liquefaction has not occurred at the study site for at least the past 750-800 years. The importance of systematically examining the impact of buried infrastructure on channelizing and influencing surface and subsurface liquefaction morphologies is demonstrated. This thesis highlights the importance of using a multi-technique approach for understanding prehistoric and contemporary earthquake phenomena and emphasizes the critical role that humans play in shaping the geologic record and Earth’s surface processes.
Deformational properties of soil, in terms of modulus and damping, exert a great influence on seismic response of soil sites. However, these properties for sands containing some portion of fines particles have not been systematically addressed. In addition, simultaneous modelling of the modulus and damping behaviour of soils during cyclic loading is desirable. This study presents an experimental and computational investigation into the deformational properties of sands containing fines content in the context of site response analysis. The experimental investigation is carried on sandy soils sourced from Christchurch, New Zealand using a dynamic triaxial apparatus while the computational aspect is based on the framework of total-stress one-dimensional (1D) cyclic behaviour of soil. The experimental investigation focused on a systematic study on the deformational behaviour of sand with different amounts of fines content (particle diameter ≤ 75µm) under drained conditions. The silty sands were prepared by mixing clean sand with three different percentages of fines content. A series of bender element tests at small-strain range and stress-controlled dynamic triaxial tests at medium to high-strain ranges were conducted on samples of clean sand and silty sand. This allowed measurements of linear and nonlinear deformational properties of the same specimen for a wide strain range. The testing program was designed to quantify the effects of void ratio and fines content on the low-strain stiffness of the silty sand as well as on the nonlinear stress-strain relationship and corresponding shear modulus and damping properties as a function of cyclic shear strains. Shear wave velocity, Vs, and maximum shear modulus, Gmax, of silty sand was shown to be significantly smaller than the respective values for clean sands measured at the same void ratio, e, or same relative density, Dr. However, the test results showed that the difference in the level of nonlinearity between clean sand and silty sands was small. For loose samples prepared at an identical relative density, the behaviour of clean sand was slightly less nonlinear as compared to sandy soils with higher fines content. This difference in the nonlinear behaviour of clean sand and sandy soils was negligible for dense soils. Furthermore, no systematic influence of fines content on the material damping curve was observed for sands with fines content FC = 0 to 30%. In order to normalize the effects of fines on moduli of sands, equivalent granular void ratio, e*, was employed. This was done through quantifying the participation of fines content in the force transfer chain of the sand matrix. As such, a unified framework for modelling of the variability of shear wave velocity, Vs, (or shear modulus, Gmax) with void ratio was achieved for clean sands and sands with fines, irrespective of their fines content. Furthermore, modelling of the cyclic stress-strain behaviour based on this experimental program was investigated. The modelling effort focused on developing a simple constitutive model which simultaneously models the soil modulus and damping relationships with shear strains observed in laboratory tests. The backbone curve of the cyclic model was adopted based on a modified version of Kondner and Zelasko (MKZ) hyperbolic function, with a curvature coefficient, a. In order to simulate the hysteretic cycles, the conventional Masing rules (Pyke 1979) were revised. The parameter n, in the Masing’s criteria was assumed to be a function of material damping, h, measured in the laboratory. As such the modulus and damping produced by the numerical model could match the stress-strain behaviour observed in the laboratory over the course of this study. It was shown that the Masing parameter n, is strain-dependent and generally takes values of n ≤ 2. The model was then verified through element test simulations under different cyclic loadings. It was shown that the model could accurately simulate the modulus and the damping simultaneously. The model was then incorporated within the OpenSees computational platform and was used to scrutinize the effects of damping on one-dimensional seismic site response analysis. For this purpose, several strong motion stations which recorded the Canterbury earthquake sequence were selected. The soil profiles were modelled as semi-infinite horizontally layered deposits overlying a uniform half-space subjected to vertically propagating shear waves. The advantages and limitations of the nonlinear model in terms of simulating soil nonlinearity and associated material damping were further scrutinized. It was shown that generally, the conventional Masing criteria unconservatively may underestimate some response parameters such as spectral accelerations. This was shown to be due to larger hysteretic damping modelled by using conventional Masing criteria. In addition, maximum shear strains within the soil profiles were also computed smaller in comparison to the values calculated by the proposed model. Further analyses were performed to study the simulation of backbone curve beyond the strain ranges addressed in the experimental phase of this study. A key issue that was identified was that relying only on the modulus reduction curves to simulate the stress-strain behaviour of soil may not capture the actual soil strength at larger strains. Hence, strength properties of the soil layer should also be incorporated to accurately simulate the backbone curve.
A review of the literature showed the lack of a truly effective damage avoidance solution for timber or hybrid timber moment resisting frames (MRFs). Full system damage avoidance selfcentring behaviour is difficult to achieve with existing systems due to damage to the floor slab caused by beam-elongation. A novel gravity rocking, self-centring beam-column joint with inherent and supplemental friction energy dissipation is proposed for low-medium rise buildings in all seismic zones where earthquake actions are greater than wind. Steel columns and timber beams are used in the hybrid MRF such that both the beam and column are continuous thus avoiding beam-elongation altogether. Corbels on the columns support the beams and generate resistance and self-centring through rocking under the influence of gravity. Supplemental friction sliders at the top of the beams resist sliding of the floor whilst dissipating energy as the floor lifts on the corbels and returns. 1:20 scale tests of 3-storey one-by-two bay building based on an earlier iteration of the proposed concept served as proof-of-concept and highlighted areas for improvement. A 1:5 scale 3-storey one-by-one bay building was subsequently designed. Sub-assembly tests of the beam-top asymmetric friction sliders demonstrated repeatable hysteresis. Quasi-static tests of the full building demonstrated a ‘flat bottomed’ flag-shaped hysteresis. Shake table tests to a suite of seven earthquakes scaled for Wellington with site soil type D to the serviceability limit state (SLS), ultimate limit state (ULS) and maximum credible event (MCE) intensity corresponding to an average return period of 25, 500 and 2500 years respectively were conducted. Additional earthquake records from the 22 February 2011 Christchurch earthquakes we included. A peak drift of 0.6%, 2.5% and 3.8% was reached for the worst SLS, ULS and MCE earthquake respectively whereas a peak drift of 4.5% was reached for the worst Christchurch record for tests in the plane of the MRF. Bi-directional tests were also conducted with the building oriented at 45 degrees on the shake table and the excitation factored by 1.41 to maintain the component in the direction of the MRF. Shear walls with friction slider hold-downs which reached similar drifts to the MRF were provided in the orthogonal direction. Similar peak drifts were reached by the MRF in the bi-directional tests, when the excitation was amplified as intended. The building self-centred with a maximum residual drift of 0.06% in the dynamic tests and demonstrated no significant damage. The member actions were magnified by up to 100% due to impact upon return of the floor after uplift when the peak drift reached 4.5%. Nonetheless, all of the members and connections remained essentially linearelastic. The shake table was able to produce a limited peak velocity of 0.275 m/s and this limited the severity of several of the ULS, MCE and Christchurch earthquakes, especially the near-field records with a large velocity pulse. The full earthquakes with uncapped velocity were simulated in a numerical model developed in SAP2000. The corbel supports were modelled with the friction isolator link element and the top sliders were modelled with a multi-linear plastic link element in parallel with a friction spring damper. The friction spring damper simulated the increase in resistance with increasing joint rotation and a near zero return stiffness, as exhibited by the 1:5 scale test building. A good match was achieved between the test quasi-static global force-displacement response and the numerical model, except a less flat unloading curve in the numerical model. The peak drift from the shake table tests also matched well. Simulations were also run for the full velocity earthquakes, including vertical ground acceleration and different floor imposed load scenarios. Excessive drift was predicted by the numerical model for the full velocity near-field earthquakes at the MCE intensity and a rubber stiffener for increasing the post joint-opening stiffness was found to limit the drift to 4.8%. Vertical ground acceleration had little effect on the global response. The system generates most of its lateral resistance from the floor weight, therefore increasing the floor imposed load increased the peak drift, but less than it would if the resistance of the system did not increase due to the additional floor load. A seismic design procedure was discussed under the framework of the existing direct displacement-based design method. An expression for calculating the area-based equivalent viscous damping (EVD) was derived and a conservative correction factor of 0.8 was suggested. A high EVD of up to about 15% can be achieved with the proposed system at high displacement ductility levels if the resistance of the top friction sliders is maximised without compromising reliable return of the floor after uplift. Uniform strength joints with an equal corbel length up the height of the building and similar inter-storey drifts result in minimal relative inter-floor uplift, except between the first floor and ground. Guidelines for detailing the joint for damage avoidance including bi-directional movement were also developed.
In major seismic events, a number of plan-asymmetric buildings which experienced element failure or structural collapse had twisted significantly about their vertical axis during the earthquake shaking. This twist, known as “building torsion”, results in greater demands on one side of a structure than on the other side. The Canterbury Earthquakes Royal Commission’s reports describe the response of a number of buildings in the February 2011 Christchurch earthquakes. As a result of the catastrophic collapse of one multi-storey building with significant torsional irregularity, and significant torsional effects also in other buildings, the Royal Commission recommended that further studies be undertaken to develop improved simple and effective guides to consider torsional effects in buildings which respond inelastically during earthquake shaking. Separately from this, as building owners, the government, and other stakeholders, are planning for possible earthquake scenarios, they need good estimates of the likely performance of both new and existing buildings. These estimates, often made using performance based earthquake engineering considerations and loss estimation techniques, inform decision making. Since all buildings may experience torsion to some extent, and torsional effects can influence demands on building structural and non-structural elements, it is crucial that demand estimates consider torsion. Building seismic response considering torsion can be evaluated with nonlinear time history analysis. However, such analysis involves significant computational effort, expertise and cost. Therefore, from an engineers’ point of view, simpler analysis methods, with reasonable accuracy, are beneficial. The consideration of torsion in simple analysis methods has been investigated by many researchers. However, many studies are theoretical without direct relevance to structural design/assessment. Some existing methods also have limited applicability, or they are difficult to use in routine design office practice. In addition, there has been no consensus about which method is best. As a result, there is a notable lack of recommendations in current building design codes for torsion of buildings that respond inelastically. There is a need for building torsion to be considered in yielding structures, and for simple guidance to be developed and adopted into building design standards. This study aims to undertaken to address this need for plan-asymmetric structures which are regular over their height. Time history analyses are first conducted to quantify the effects of building plan irregularity, that lead to torsional response, on the seismic response of building structures. Effects of some key structural and ground motion characteristics (e.g. hysteretic model, ground motion duration, etc.) are considered. Mass eccentricity is found to result in rather smaller torsional response compared to stiffness/strength eccentricity. Mass rotational inertia generally decreases the torsional response; however, the trend is not clearly defined for torsionally restrained systems (i.e. large λty). Systems with EPP and bilinear models have close displacements and systems with Takeda, SINA, and flag-shaped models yield almost the same displacements. Damping has no specific effect on the torsional response for the single-storey systems with the unidirectional eccentricity and excitation. Displacements of the single-storey systems subject to long duration ground motion records are smaller than those for short duration records. A method to consider torsional response of ductile building structures under earthquake shaking is then developed based on structural dynamics for a wide range of structural systems and configurations, including those with low and high torsional restraint. The method is then simplified for use in engineering practice. A novel method is also proposed to simply account for the effects of strength eccentricity on response of highly inelastic systems. A comparison of the accuracy of some existing methods (including code-base equivalent static method and model response spectrum analysis method), and the proposed method, is conducted for single-storey structures. It is shown that the proposed method generally provides better accuracy over a wide range of parameters. In general, the equivalent static method is not adequate in capturing the torsional effects and the elastic modal response spectrum analysis method is generally adequate for some common parameters. Record-to-record variation in maximum displacement demand on the structures with different degrees of torsional response is considered in a simple way. Bidirectional torsional response is then considered. Bidirectional eccentricity and excitation has varying effects on the torsional response; however, it generally increases the weak and strong edges displacements. The proposed method is then generalized to consider the bidirectional torsion due to bidirectional stiffness/strength eccentricity and bidirectional seismic excitation. The method is shown to predict displacements conservatively; however, the conservatism decreases slightly for cases with bidirectional excitation compared to those subject to unidirectional excitation. In is shown that the roof displacement of multi-storey structures with torsional response can be predicted by considering the first mode of vibration. The method is then further generalized to estimate torsional effects on multi-storey structure displacement demands. The proposed procedure is tested multi-storey structures and shown to predict the displacements with a good accuracy and conservatively. For buildings which twist in plan during earthquake shaking, the effect of P-Δλ action is evaluated and recommendations for design are made. P-Δλ has more significant effects on systems with small post- yield stiffness. Therefore, system stability coefficient is shown not to be the best indicator of the importance of P-Δλ and it is recommended to use post-yield stiffness of system computed with allowance for P-Δλ effects. For systems with torsional response, the global system stability coefficient and post- yield stiffness ration do not reflect the significance of P-Δλ effects properly. Therefore, for torsional systems individual seismic force resisting systems should be considered. Accuracy of MRSA is investigated and it is found that the MRSA is not always conservative for estimating the centre of mass and strong edge displacements as well as displacements of ductile systems with strength eccentricity larger than stiffness eccentricity. Some modifications are proposed to get the MRSA yields a conservative estimation of displacement demands for all cases.
Field surveys and experimental studies have shown that light steel or timber framed plasterboard partition walls are particularly vulnerable to earthquake damage prompting the overarching objective of this research, which is to further the development of low damage seismic systems for non-structural partition walls in order to facilitate their adoption by industry to assist with reducing the losses associated with the maintenance and repair cost of buildings across their design life. In particular, this study focused on the behaviour of steel-framed partition walls systems with novel detailing that aim to be “low-damage” designed according to common practice for walls used in commercial and institutional buildings in New Zealand. This objective was investigated by (1) investigating the performance of a flexible track system proposed by researchers and industry by experimental testing of full-scale specimens; (2) investigating the performance of the seismic gap partition wall systems proposed in a number of studies, further developed in this study with input from industry, by experimental testing of full-scale specimens; and (3) investigating the potential implications of using these systems compared with traditionally detailed partition wall systems within multi-storey buildings using the Performance Based Earthquake Engineering loss assessment methodology. Three full-scale testing frames were designed in order to replicate, under controlled laboratory conditions, the effects of seismic shaking on partition walls within multi-storey buildings by the application of quasi-static uni-directional cyclic loading imposing an inter-storey drift. The typical configuration for test specimens was selected to be a unique “y-shape”, including one angled return wall, with typical dimensions of approximately 2400 mm along the main wall and 600 mm along (approximately) the returns walls with a height of 2405 mm from floor to ceiling. The specimens were aligned within test frames at an oblique angle to the direction of loading in order to investigate bi- directional effects. Three wall specimens with flexible track detailing, two identical plane specimens and the third including a doorway, were tested. The detailing involved removing top track anchors within the proximity of wall intersections, thus allowing the tracks to ‘bow’ out at these locations. Although the top track anchors were specified to be removed the proximity of wall intersections, a construction error was made whereby a single top track slab to concrete anchor was left in at the three-way wall junction. Despite this error, the experimental testing was deemed worthwhile since such errors will also occur in practice and because the behaviour of the wall can be examined with this fixing in mind. The specimens also included an acoustic/fire sealant at the top lining to floor boundary. In addition to providing drift capacities, the force-displacement behaviour is also reported, the dissipated energy was computed, and the parameters of the Wayne-Stewart hysteretic model were fitted to the results. The specimen with the door opening behaved significantly different to the plane specimens: damage to the doorway specimen began as cracking of the wallboard propagating from the corners of the doorway following which the L- and Y- shaped junctions behaved independently, whereas damage to the plane specimens began as cracking of the wallboard at the top of the L-junction and wall system deformed as a single unit. The results suggest that bi-directional behaviour is important even if its impact cannot be directly quantified by the experiments conducted. Damage to sealant implies that the bond between plasterboard and sealant is important for its seismic performance. Careful quality control is advised as defects in the bond may significantly impact its ability to withstand seismic movement. Two specimens with seismic gap detailing were tested: a steel stud specimen and a timber stud specimen. Observed drift capacities were significantly greater than traditional plasterboard partition systems. Equations were used to predict the drift at which damage state 1 (DS1) and damage state 2 (DS2) would initiate. The equation used to estimate the drift at the onset of DS1 accurately predicted the onset of plaster cracking but overestimated the drift at which the gap filling material was damaged. The equation used to predict the onset of DS2 provided a lower bound for both specimens and also when used to predict results of previous experimental tests on seismic gap systems. The gap-filling material reduced the drift at the onset of DS1, however, it had a beneficial effect on the re-centring behaviour of the linings. Out-of-plane displacements and return wall configuration did not appear to significantly impact the onset of plaster cracking in the specimens. A loss assessment according to the PBEE methodology was conducted on four steel MRF case study buildings: (1) a 4-storey building designed for the Christchurch region, (2) a 4-storey building designed for the Wellington region, (3) a 12-storey building designed for the Christchurch region, and (4) a 12- storey building designed for the Wellington region. The fragility parameters for a traditional partition system, the flexible track partition system, and the seismic gap steel stud and timber stud partition systems were included within the loss assessment. The order (lowest to highest) of each system in terms of the expected annual losses of each building when incorporating the system was, (1) the seismic gap timber stud system, (2) the seismic gap steel stud system, (3) the traditional/baseline system, and (4) the flexible track system. For the seismic gap timber stud system, which incurred the greatest reduction in expected annual losses for each case study building, the reduction in expected annual losses in comparison to the losses found when using the traditional system ranged from a 5% to a 30% reduction. This reinforces the fact that while there is a benefit to the using low damage partition systems in each building the extent of reduction in expected annual losses is significantly dependent on the particular building design and its location. The flexible track specimens had larger repair costs at small hazard levels compared to the traditional system but smaller repair costs at larger hazard levels. However, the resulting expected annual losses for the flexible track system was higher than the traditional system which reinforces findings from past studies which observed that the greatest contribution to expected annual losses arises from low to moderate intensity shaking seismic events (low hazard levels).
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
