This thesis considers the presence and potential readings of graffiti and street art as part of the wider creative public landscape of Christchurch in the wake of the series of earthquakes that significantly disrupted the city physically and socially. While documenting a specific and unprecedented period of time in the city’s history, the prominence of graffiti and street art throughout the constantly changing landscape has also highlighted their popularity as increasingly entrenched additions to urban and suburban settings across the globe. In post-quake Christchurch, graffiti and street art have often displayed established tactics, techniques and styles while exploring and exposing the unique issues confronting this disrupted environment, illustrating both a transposable nature and the entwined relationship with the surrounding landscape evident in the conception of these art forms. The post-quake city has afforded graffiti and street art the opportunity to engage with a range of concepts: from the re-activation and re-population of the empty and abandoned spaces of the city, to commentaries on specific social and political issues, both angry and humorous, and notably the reconsideration of entrenched and evolving traditions, including the distinction between guerrilla and sanctioned work. The examples of graffiti and street art within this work range from the more immediate post-quake appearance of art in a group of affected suburbs, including the increasingly empty residential red-zone, to the use of the undefined spaces sweeping the central city, and even inside the Canterbury Museum, which housed the significant street art exhibition Rise in 2013-2014. These settings expose a number of themes, both distinctive and shared, that relate to both the post-disaster landscape and the concerns of graffiti and street art as art movements unavoidably entangled with public space.
The 2010-2011 Canterbury Earthquakes brought devastation to the city of Christchurch and has irrevocably affected the lives of the city’s residents. Years after the conclusion of these earthquakes, Christchurch and its residents are well on the path to recovery. Crime has proven an ongoing topic of discussion throughout this period, with news reports of increased burglary and arson in areas left largely abandoned by earthquake damage, and a rise in violent crime in suburban areas of Christchurch. Following the body of research that has considered the reaction of crime to natural disasters, this research has sought to comprehensively examine and understand the effects that the Canterbury Earthquakes had on crime. Examining Christchurch-wide offending, crime rates fell over the study period (July 2008 to June 2013), with the exception of domestic violence. Aside from a momentary increase in burglary in the days immediately following the Christchurch Earthquake, crime rates (as of 2013) have remained largely below pre-earthquake levels. Using Dual Kernel Density Estimation Analysis, a distinct spatial change in pre-earthquake crime hotspots was observed. These changes included an enormous decrease in central city offences, a rise in burglary in the eastern suburbs, and an increase in assault in areas outside of the central city. Logistic regression analysis, using a time-compensated dependent variable, identified a number of statistically-significant relationships between per CAU crime rate change and factors measuring socio-demographic characteristics, community cohesion, and the severity of disaster effects. The significance of these findings was discussed using elements of Social Disorganisation Theory, Routine Activity Theory, and Strain Theory. Consistent with past findings, social order was largely maintained following the Canterbury Earthquakes, with suggestion that increased collective efficacy and therapeutic communities had a negative influence on crime in the post-earthquake period. Areas of increased burglary and assault were associated with large population decreases, suggesting a link with the dissolution of communities and the removal of their inherent informal guardianship. Though observed, the increase in domestic violence was not associated with most neighbourhood-level variables. Trends in crime after the Canterbury Earthquakes were largely consistent with past research, and the media’s portrayal.
The combination of music and disaster has been the subject of much study, especially starstudded telethons and songs that commemorate tragedy. However, there are many other ways that music can be used after disaster that provide benefits far greater than money or memorials but are not necessarily as prominent in the worldwide media landscape. Beginning in September 2010, the city of Christchurch, New Zealand, has been struck by several major earthquakes and over 11,000 aftershocks, the most destructive of which caused 185 deaths. As with many other disasters, music has been used as a method of fundraising and commemoration, but personal experience suggests many other ways that music can be used as a coping mechanism and aid to personal and community recovery. Therefore, in order to uncover the connections, context, and strategies behind its use, this thesis addresses the question: Since the earthquakes began, how has popular music been beneficial for the city and people of Christchurch? As well as documenting a wide variety of musical ‘earthquake relief’ events and charitable releases, this research also explores some of the more intangible aspects of the music-aid relationship. Two central themes are presented – fundraising and psychosocial uses – utilising individual voices and case studies to illustrate the benefits of music use after disaster at a community or city-wide level. Together the disparate threads and story fragments weave a detailed picture of the ways in which music as shared experience, as text, as commodity, and as a tool for memory and movement has been incorporated into the fabric of the city during the recovery phase.
Predictive modelling provides an efficient means to analyse the coastal environment and generate knowledge for long term urban planning. In this study, the numerical models SWAN and XBeach were incorporated into the ESRI ArcGIS interface by means of the BeachMMtool. This was applied to the Greater Christchurch coastal environment to simulate geomorphological evolution through hydrodynamic forcing. Simulations were performed using the recent sea level rise predictions by the Intergovernmental Panel on Climate Change (2013) to determine whether the statutory requirements outlined in the New Zealand Coastal Policy Statement 2010 are consistent with central, regional and district designations. Our results indicate that current land use zoning in Greater Christchurch is not consistent with these predictions. This is because coastal hazard risk has not been thoroughly quantified during the process of installing the Canterbury Earthquake Recovery Authority residential red zone. However, the Christchurch City Council’s flood management area does provide an extent to which managed coastal retreat is a real option. The results of this research suggest that progradation will continue to occur along the Christchurch foreshore due to the net sediment flux retaining an onshore direction and the current hydrodynamic activity not being strong enough to move sediment offshore. However, inundation during periods of storm surge poses a risk to human habitation on low lying areas around the Avon-Heathcote Estuary and the Brooklands lagoon.
A dramatic consequence of the Christchurch, New Zealand, earthquakes of 2010 and 2011 was the widespread liquefaction in the city. Part of the central business district (CBD) was badly affected by liquefaction but elsewhere large volumes of ejecta were not evident for those parts of the CBD where the upper layers in the soil profile are sandy gravel and gravelly sand. The purpose of the paper is to investigate the effect of the gravel permeability on the rise and dissipation of excess pore water pressure during cyclic loading of a soil profile idealised from Christchurch data. The Cyclic1D software, which performs one-dimensional non-linear effective stress site response analysis, was used. Permeability values associated with gravel were found to suppress the cyclic accumulation of excess pore water pressure in gravel layers. Given that there has not been any systematic measurement of the in situ permeability of the gravels in Christchurch, the modelling in the paper suggests that likely values for the bulk permeability of the gravel layers are within the range suggested in the geotechnical literature. However, the work reported is of wider application than Christchurch and emphasises the controlling influence of permeability on the accumulation and dissipation of cyclic pore pressures. VoR - Version of Record
Natural hazard disasters often have large area-wide impacts, which can cause adverse stress-related mental health outcomes in exposed populations. As a result, increased treatment-seeking may be observed, which puts a strain on the limited public health care resources particularly in the aftermath of a disaster. It is therefore important for public health care planners to know whom to target, but also where and when to initiate intervention programs that promote emotional wellbeing and prevent the development of mental disorders after catastrophic events. A large body of literature assesses factors that predict and mitigate disaster-related mental disorders at various time periods, but the spatial component has rarely been investigated in disaster mental health research. This thesis uses spatial and spatio-temporal analysis techniques to examine when and where higher and lower than expected mood and anxiety symptom treatments occurred in the severely affected Christchurch urban area (New Zealand) after the 2010/11 Canterbury earthquakes. High-risk groups are identified and a possible relationship between exposure to the earthquakes and their physical impacts and mood and anxiety symptom treatments is assessed. The main research aim is to test the hypothesis that more severely affected Christchurch residents were more likely to show mood and anxiety symptoms when seeking treatment than less affected ones, in essence, testing for a dose-response relationship. The data consisted of mood and anxiety symptom treatment information from the New Zealand Ministry of Health’s administrative databases and demographic information from the National Health Index (NHI) register, when combined built a unique and rich source for identifying publically funded stress-related treatments for mood and anxiety symptoms in almost the whole population of the study area. The Christchurch urban area within the Christchurch City Council (CCC) boundary was the area of interest in which spatial variations in these treatments were assessed. Spatial and spatio-temporal analyses were done by applying retrospective space-time and spatial variation in temporal trends analysis using SaTScan™ software, and Bayesian hierarchical modelling techniques for disease mapping using WinBUGS software. The thesis identified an overall earthquake-exposure effect on mood and anxiety symptom treatments among Christchurch residents in the context of the earthquakes as they experienced stronger increases in the risk of being treated especially shortly after the catastrophic 2011 Christchurch earthquake compared to the rest of New Zealand. High-risk groups included females, elderly, children and those with a pre-existing mental illness with elderly and children especially at-risk in the context of the earthquakes. Looking at the spatio-temporal distribution of mood and anxiety symptom treatments in the Christchurch urban area, a high rates cluster ranging from the severely affected central city to the southeast was found post-disaster. Analysing residential exposure to various earthquake impacts found that living in closer proximity to more affected areas was identified as a risk factor for mood and anxiety symptom treatments, which largely confirms a dose-response relationship between level of affectedness and mood and anxiety symptom treatments. However, little changes in the spatial distribution of mood and anxiety symptom treatments occurred in the Christchurch urban area over time indicating that these results may have been biased by pre-existing spatial disparities. Additionally, the post-disaster mobility activity from severely affected eastern to the generally less affected western and northern parts of the city seemed to have played an important role as the strongest increases in treatment rates occurred in less affected northern areas of the city, whereas the severely affected eastern areas tended to show the lowest increases. An investigation into the different effects of mobility confirmed that within-city movers and temporary relocatees were generally more likely to receive care or treatment for mood or anxiety symptoms, but moving within the city was identified as a protective factor over time. In contrast, moving out of the city from minor, moderately or severely damaged plain areas of the city, which are generally less affluent than Port Hills areas, was identified as a risk factor in the second year post-disaster. Moreover, residents from less damaged plain areas of the city showed a decrease in the likelihood of receiving care or treatment for mood or anxiety symptoms compared to those from undamaged plain areas over time, which also contradicts a possible dose-response relationship. Finally, the effects of the social and physical environment, as well as community resilience on mood and anxiety symptom treatments among long-term stayers from Christchurch communities indicate an exacerbation of pre-existing mood and anxiety symptom treatment disparities in the city, whereas exposure to ‘felt’ earthquake intensities did not show a statistically significant effect. The findings of this thesis highlight the complex relationship between different levels of exposure to a severe natural disaster and adverse mental health outcomes in a severely affected region. It is one of the few studies that have access to area-wide health and impact information, are able to do a pre-disaster / post-disaster comparison and track their sample population to apply spatial and spatio-temporal analysis techniques for exposure assessment. Thus, this thesis enhances knowledge about the spatio-temporal distribution of adverse mental health outcomes in the context of a severe natural disaster and informs public health care planners, not only about high-risk groups, but also where and when to target health interventions. The results indicate that such programs should broadly target residents living in more affected areas as they are likely to face daily hardship by living in a disrupted environment and may have already been the most vulnerable ones before the disaster. Special attention should be focussed on women, elderly, children and people with pre-existing mental illnesses as they are most likely to receive care or treatment for stress-related mental health symptoms. Moreover, permanent relocatees from affected areas and temporarily relocatees shortly after the disaster may need special attention as they face additional stressors due to the relocation that may lead to the development of adverse mental health outcomes needing treatment.
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
This report provides an initial overview and gap analysis of the multi-hazards interactions that might affect fluvial and pluvial flooding (FPF) hazard in the Ōpāwaho Heathcote catchment. As per the terms of reference, this report focuses on a one-way analysis of the potential effects of multi-hazards on FPF hazard, as opposed to a more complex multi-way analysis of interactions between all hazards. We examined the relationship between FPF hazard and hazards associated with the phenomena of tsunamis; coastal erosion; coastal inundation; groundwater; earthquakes; and mass movements. Tsunamis: Modelling research indicates the worst-case tsunami scenarios potentially affecting the Ōpāwaho Heathcote catchment are far field. Under low probability, high impact tsunami scenarios waves could travel into Pegasus Bay and the Avon-Heathcote Estuary Ihutai, reaching the mouth and lower reaches of the Heathcote catchment and river, potentially inundating and eroding shorelines in sub-catchments 1 to 5, and temporarily blocking fluvial drainage more extensively. Any flooding infrastructure or management actions implemented in the area of tsunami inundation would ideally be resilient to tsunami-induced inundation and erosion. Model results currently available are a first estimate of potential tsunami inundation under contemporary sea and land level conditions. In terms of future large tsunami events, these models likely underestimate effects in riverside sub-catchments, as well as effects under future sea level, shoreline and other conditions. Also of significance when considering different FPF management structures, it is important to be mindful that certain types of flood structures can ‘trap’ inundating water coming from ocean directions, leading to longer flood durations and salinization issues. Coastal erosion: Model predictions indicate that sub-catchments 1 to 3 could potentially be affected by coastal erosion by the timescale of 2065, with sub-catchments 1-6 predicted to be potentially affected by coastal erosion by the time scale of 2115. In addition, the predicted open coast effects of this hazard should not be ignored since any significant changes in the New Brighton Spit open coast would affect erosion rates and exposure of the landward estuary margins, including the shorelines of the Ōpāwaho Heathcote catchment. Any FPF flooding infrastructure or management activities planned for the potentially affected sub-catchments needs to recognise the possibility of coastal erosion, and to have a planned response to the predicted potential shoreline translation. Coastal inundation: Model predictions indicate coastal inundation hazards could potentially affect sub-catchments 1 to 8 by 2065, with a greater area and depth of inundation possible for these same sub-catchments by 2115. Low-lying areas of the Ōpāwaho Heathcote catchment and river channel that discharge into the estuary are highly vulnerable to coastal inundation since elevated ocean and estuary water levels can block the drainage of inland systems, compounding FPF hazards. Coastal inundation can overwhelm stormwater and other drainage network components, and render river dredging options ineffective at best, flood enhancing at worst. A distinction can be made between coastal inundation and coastal erosion in terms of the potential impacts on affected land and assets, including flood infrastructure, and the implications for acceptance, adaptation, mitigation, and/or modification options. That is, responding to inundation could include structural and/or building elevation solutions, since unlike erosion, inundation does not necessarily mean the loss of land. Groundwater: Groundwater levels are of significant but variable concern when examining flooding hazards and management options in the Ōpāwaho Heathcote catchment due to variability in soils, topographies, elevations and proximities to riverine and estuarine surface waterbodies. Much of the Canterbury Plains part of the Ōpāwaho Heathcote catchment has a water table that is at a median depth of <1m from the surface (with actual depth below surface varying seasonally, inter-annually and during extreme meteorological events), though the water table depth rapidly shifts to >6m below the surface in the upper Plains part of the catchment (sub-catchments 13 to 15). Parts of Waltham/Linwood (sub-catchments 5 & 6) and Spreydon (sub-catchment 10) have extensive areas with a particularly high water table, as do sub-catchments 18, 19 and 20 south of the river. In all of the sub-catchments where groundwater depth below surface is shallow, it is necessary to be mindful of cascading effects on liquefaction hazard during earthquake events, including earthquake-induced drainage network and stormwater infrastructure damage. In turn, subsidence induced by liquefaction and other earthquake processes during the CES directly affected groundwater depth below surface across large parts of the central Ōpāwaho Heathcote catchment. The estuary margin of the catchment also faces increasing future challenges with sea level rise, which has the potential to elevate groundwater levels in these areas, compounding existing liquefaction and other earthquake associated multi-hazards. Any increases in subsurface runoff due to drainage system, development or climate changes are also of concern for the loess covered hill slopes due to the potential to enhance mass movement hazards. Earthquakes: Earthquake associated vertical ground displacement and liquefaction have historically affected, or are in future predicted to affect, all Ōpāwaho Heathcote sub-catchments. During the CES, these phenomena induced a significant cascades of changes in the city’s drainage systems, including: extensive vertical displacement and liquefaction induced damage to stormwater ‘greyware’, reducing functionality of the stormwater system; damage to the wastewater system which temporarily lowered groundwater levels and increased stormwater drainage via the wastewater network on the one hand, creating a pollution multi-hazard for FPF on the other hand; liquefaction and vertical displacement induced river channel changes affected drainage capacities; subsidence induced losses in soakage and infiltration capacities; changes occurred in topographic drainage conductivity; estuary subsidence (mainly around the Ōtākaro Avon rivermouth) increased both FPF and coastal inundation hazards; estuary bed uplift (severe around the Ōpāwaho Heathcote margins), reduced tidal prisms and increased bed friction, producing an overall reduction the waterbody’s capacity to efficiently flush catchment floodwaters to sea; and changes in estuarine and riverine ecosystems. All such possible effects need to be considered when evaluating present and future capacities of the Ōpāwaho Heathcote catchment FPF management systems. These phenomena are particularly of concern in the Ōpāwaho Heathcote catchment since stormwater networks must deal with constraints imposed by stream and river channels (past and present), estuarine shorelines and complex hill topography. Mass movements: Mass movements are primarily a risk in the Port Hills areas of the Ōpāwaho Heathcote catchment (sub-catchments 1, 2, 7, 9, 11, 16, 21), though there are one or two small but susceptible areas on the banks of the Ōpāwaho Heathcote River. Mass movements in the form of rockfalls and debris flows occurred on the Port Hills during the CES, resulting in building damage, fatalities and evacuations. Evidence has also been found of earthquake-triggered tunnel gully collapsesin all Port Hill Valleys. Follow-on effects of these mass movements are likely to occur in major future FPF and other hazard events. Of note, elevated groundwater levels, coastal inundation, earthquakes (including liquefaction and other effects), and mass movement exhibit the most extensive levels of multi-hazard interaction with FPF hazard. Further, all of the analysed multi-hazard interactions except earthquakes were found to consistently produce increases in the FPF hazard. The implications of these analyses are that multihazard interactions generally enhance the FPF hazard in the Ōpāwaho Heathcote catchment. Hence, management plans which exclude adjustments for multi-hazard interactions are likely to underestimate the FPF hazard in numerous different ways. In conclusion, although only a one-way analysis of the potential effects of selected multi-hazards on FPF hazard, this review highlights that the Ōpāwaho Heathcote catchment is an inherently multi- hazard prone environment. The implications of the interactions and process linkages revealed in this report are that several significant multi-hazard influences and process interactions must be taken into account in order to design a resilient FPF hazard management strategy.
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
