Many buildings with relatively low damage from the 2010-2011 Canterbury were deemed uneconomic to repair and were replaced [1,2]. Factors that affected commercial building owners’ decisions to replace rather than repair, included capital availability, uncertainty with regards to regional recovery, local market conditions and ability to generate cash flow, and repair delays due to limited property access (cordon). This poster provides a framework for modeling decision-making in a case where repair is feasible but replacement might offer greater economic value – a situation not currently modeled in engineering risk analysis.
he 2016 Building (Earthquake Prone Building) Amendment Act aims to improve the system for managing earthquake-prone buildings. The proposed changes to the Act were precipitated by the Canterbury earthquakes, and the need to improve the seismic safety of New Zealand’s building stock. However, the Act has significant ramifications for territorial authorities, organisations and individuals in small New Zealand towns, since assessing and repairing heritage buildings poses a major cost to districts with low populations and poor rental returns on commercial buildings.
The 14 November 2016 Kaikōura earthquake had major impacts on New Zealand's transport system. Road, rail and port infrastructure was damaged, creating substantial disruption for transport operators, residents, tourists, and business owners in the Canterbury, Marlborough and Wellington regions, with knock-on consequences elsewhere. During both the response and recovery phases, a large amount of information and data relating to the transport system was generated, managed, analysed, and exchanged within and between organisations to assist decision making. To improve information and data exchanges and related decision making in the transport sector during future events and guide new resilience strategies, we present key findings from a recent post-earthquake assessment. The research involved 35 different stakeholder groups and was conducted for the Ministry of Transport. We consider what transport information was available, its usefulness, where it was sourced from, mechanisms for data transfer between organisations, and suggested approaches for continued monitoring.
The 2010–2011 Canterbury earthquakes, which involved widespread damage during the February 2011 event and ongoing aftershocks near the Christchurch Central Business District, left this community with more than $NZD 40 billion in losses (~20 % GDP), demolition of approximately 60 % of multi-storey concrete buildings (3 storeys and up), and closure of the core business district for over 2 years. The aftermath of the earthquake sequence has revealed unique issues and complexities for the owners of commercial and multi-storey residential buildings in relation to unexpected technical, legal, and financial challenges when making decisions regarding the future of their buildings impacted by the earthquakes. The paper presents a framework to understand the factors influencing post-earthquake decisions (repair or demolish) on multi-storey concrete buildings in Christchurch. The study, conducted in 2014, includes in-depth investigations on 15 case-study buildings using 27 semi-structured interviews with various property owners, property managers, insurers, engineers, and government authorities in New Zealand. The interviews revealed insights regarding the multitude of factors influencing post-earthquake decisions and losses. As expected, the level of damage and repairability (cost to repair) generally dictated the course of action. There is strong evidence, however, that other variables have significantly influenced the decision on a number of buildings, such as insurance, business strategies, perception of risks, building regulations (and compliance costs), and government decisions. The decision-making process for each building is complex and unique, not solely driven by structural damage. Furthermore, the findings have put the spotlight on insurance policy wordings and the paradoxical effect of insurance on the recovery of Christchurch, leading to other challenges and issues going forward.
This study is a qualitative investigation into the decision-making behaviour of commercial property owners (investors and developers) who are rebuilding in a city centre after a major disaster. In 2010/2011, Christchurch, the largest city in the South Island of New Zealand, was a site of numerous earthquakes. The stronger earthquakes destroyed many buildings and public infrastructure in the commercial inner city. As a result, affected property owners lost all or most of their buildings, a significant proportion of which were old and in the last phase of their life span. They had to negotiate pay-outs with insurance companies and decide, once paid out, whether they should rebuild in Christchurch or sell up and invest elsewhere. The clear majority of those who decided to reinvest in and rebuild the city are ‘locals’, almost all of whom had no prior experience of property development. Thus, in a post-disaster environment, most of these property owners have transitioned from being just being passive investors to active property developers. Their experience was interpreted using primary data gathered from in-depth and semi-structured interviews with twenty-one “informed property people” who included commercial property owners; property agents or consultants; representatives of public-sector agencies and financial institutions. The study findings showed that the decision-making behaviour of property investors and developers rebuilding after a major disaster did not necessarily follow a strict financial or profit motive as prescribed in the mainstream or neo-classical economics property literature. Rather, their decision-making behaviour has been largely shaped by emotional connections and external factors associated with their immediate environment. The theoretical proposition emerging from this study is that after a major disaster, local urban property owners are faced with two choices “to stay” or “to go”. Those who decide to stay and rebuild are typically very committed individuals who have a feeling of ownership, belonging and attachment to the city in which they live and work. These are people who will often take the lead in commercial property development, proactively making decisions and seeking positive investment outcomes for themselves which in turn result in revitalised commercial urban precincts.
The quality of multi-owned residential buildings and the capability to maintain that quality into the future is important in preserving not only the monetary value of such housing (Lujanen, 2010) but also the quality of life for its residents. The aim of this paper is to examine the governance and decision-making rules and regulations as they relate to the undertaking of major repairs in multi-owned residential buildings in Finland and New Zealand with particular regard to the Finnish Limited Liability Housing Companies Act 2010 (LLHCA 2010) and the New Zealand Unit Titles Act 2010 (UTA 2010). Currently, major building repairs are topical issues in both countries; in Finland as a result of ageing buildings requiring major re-fitting of pipes and other infrastructure, and in New Zealand as a result of earthquake damage in Christchurch and Leaky Building Syndrome nationwide. Major repairs can be a significant financial burden to unit owners and collective decisions can be difficult to achieve. Interestingly, new legislation that governs multi-owned housing was enacted in both countries in 2010. The recent enactment of this legislation provides an opportunity to examine the UTA 2010 and LLHCA 2010 with regard to how they address major repairs, improvements in housing stock and the financing possibilities associated with these undertakings. More specifically this paper explores housing intensification (i.e. building up, out or alongside existing multi-owned residential buildings on commonly owned land) as a means of financing major repairs. The comparison of governance and decision-making in two different shared ownership systems with different histories and cultural contexts provides a chance to explore the possibilities and challenges that each country faces, and the potential to learn from each other’s practices and develop these further. In this regard the findings from this paper contribute to the academic literature (Bugden 2005; Easthope & Randolph 2009; Dupuis & Dixon 2010; Lujanen 2010; Easthope, Hudson & Randolph 2013) concerning to the governance of multi-owned housing as it relates to intensive housing development and its wider social and economic implications.
Knowing how to rapidly rebuild disaster-damaged infrastructure, while deciding appropriate recovery strategies and catering for future investment is a matter of core interest to government decision makers, utility providers, and business sectors. The purpose of this research is to explore the effects of decisions and outcomes for physical reconstruction on the overall recovery process of horizontal infrastructure in New Zealand using the Canterbury and Kaikoura earthquakes as cases. A mixed approach including a systematic review, questionnaire survey and semi-structured interviews is used to capture perspectives of those involved in reconstruction process and gain insights into the effect of critical elements on infrastructure downtime. Findings from this research will contribute towards advancements of a systems dynamics model considering critical decision-making variables across phases of the reconstruction process to assess how these variables affect the rebuild process and the corresponding downtime. This project will improve the ability to explore alternative resilience improvement pathways and test the efficacy of alternative means for facilitating a faster and better reconstruction process.
The use of post-earthquake cordons as a tool to support emergency managers after an event has been documented around the world. However, there is limited research that attempts to understand the use, effectiveness, inherent complexities, impacts and subsequent consequences of cordoning once applied. This research aims to fill that gap by providing a detailed understanding of first, the cordons and associated processes, and their implications in a post-earthquake scenario. We use a qualitative method to understand cordons through case studies of two cities where it was used in different temporal and spatial scales: Christchurch (2011) and Wellington (Kaikōura earthquake 2016), New Zealand. Data was collected through 21 expert interviews obtained through purposive and snowball sampling of key informants who were directly or indirectly involved in a decision-making role and/or had influence in relation to the cordoning process. The participants were from varying backgrounds and roles i.e. emergency managers, council members, business representatives, insurance representatives, police and communication managers. The data was transcribed, coded in Nvivo and then grouped based on underlying themes and concepts and then analyzed inductively. It is found that cordons are used primarily as a tool to control access for the purpose of life safety and security. But cordons can also be adapted to support recovery. Broadly, it can be synthesized and viewed based on two key aspects, ‘decision-making’ and ‘operations and management’, which overlap and interact as part of a complex system. The underlying complexity arises in large part due to the multitude of sectors it transcends such as housing, socio-cultural requirements, economics, law, governance, insurance, evacuation, available resources etc. The complexity further increases as the duration of cordon is extended.
This dissertation explores the advocacy for the Christchurch Town Hall that occurred in 2012-2015 after the Canterbury Earthquakes. It frames this advocacy as an instance of collective-action community participation in a heritage decision, and explores the types of heritage values it expressed, particularly social values. The analysis contextualises the advocacy in post-quake Christchurch, and considers its relationship with other developments in local politics, heritage advocacy, and urban activism. In doing so, this dissertation considers how collective action operates as a form of public participation, and the practical implications for understanding and recognising social value. This research draws on studies of practices that underpin social value recognition in formal heritage management. Social value is held by communities outside institutions. Engaging with communities enables institutions to explore the values of specific places, and to realise the potential of activating local connections with heritage places. Such projects can be seen as participatory practices. However, these processes require skills and resources, and may not be appropriate for all places, communities and institutions. However, literature has understudied collective action as a form of community participation in heritage management. All participation processes have nuances of communities, processes, and context, and this dissertation analyses these in one case. The research specifically asked what heritage values (especially social values) were expressed through collective action, what the relationship was with the participation processes, communities, and wider situation that produced them, and the impact on institutional rhetoric and decisions. The research analysed values expressed in representations made to council in support of the Town Hall. It also used documentary sources and interviews with key informants to analyse the advocacy and decision-making processes and their relationships with the wider context and other grassroots activities. The analysis concluded that the values expressed intertwined social and professional values. They were related to the communities and circumstance that produced them, as an advocacy campaign for a civic heritage building from a Western architectural tradition. The advocacy value arguments were one of several factors that impacted the decision. They have had a lasting impact on rhetoric around the Town Hall, as was a heritage-making practice in its own right. This dissertation makes a number of contributions to the discussion of social value and community in heritage. It suggests connections between advocacy and participation perspectives in heritage. It recommends consideration of nuances of communities, context, and place meanings when using heritage advocacy campaigns as evidence of social value. It adds to the literature on heritage advocacy, and offers a focused analysis of one of many heritage debates that occurred in post-quake Christchurch. Ultimately, it encourages practice to actively integrate social and community values and to develop self-reflexive engagement and valuation processes. Despite inherent challenges, participatory processes offer opportunities to diversify understandings of value, co-produce heritage meanings with communities, and empower citizens in democratic processes around the places they live with and love.
This poster presents preliminary results of ongoing experimental campaigns at the Universities of Auckland and Canterbury, aiming at investigating the seismic residual capacity of damaged reinforced concrete plastic hinges, as well as the effectiveness of epoxy injection techniques for restoring their stiffness, energy dissipation, and deformation capacity characteristics. This work is part of wider research project which started in 2012 at the University of Canterbury entitled “Residual Capacity and Repairing Options for Reinforced Concrete Buildings”, funded by the Natural Hazards Research Platform (NHRP). This research project aims at gaining a better understanding and providing the main end-users and stakeholders (practitioner engineers, owners, local and government authorities, insurers, and regulatory agencies) with comprehensive evidence-based information and practical guidelines to assess the residual capacity of damaged reinforced concrete buildings, as well as to evaluate the feasibility of repairing and thus support their delicate decision-making process of repair vs. demolition or replacement.
The 2010-2011 Canterbury earthquake sequence, and the resulting extensive data sets on damaged buildings that have been collected, provide a unique opportunity to exercise and evaluate previously published seismic performance assessment procedures. This poster provides an overview of the authors’ methodology to perform evaluations with two such assessment procedures, namely the P-58 guidelines and the REDi Rating System. P-58, produced by the Federal Emergency Management Agency (FEMA) in the United States, aims to facilitate risk assessment and decision-making by quantifying earthquake ground shaking, structural demands, component damage and resulting consequences in a logical framework. The REDi framework, developed by the engineering firm ARUP, aids stakeholders in implementing resilience-based earthquake design. Preliminary results from the evaluations are presented. These have the potential to provide insights on the ability of the assessment procedures to predict impacts using “real-world” data. However, further work remains to critically analyse these results and to broaden the scope of buildings studied and of impacts predicted.
The research presented in this thesis investigated the environmental impacts of structural design decisions across the life of buildings located in seismic regions. In particular, the impacts of expected earthquake damage were incorporated into a traditional life cycle assessment (LCA) using a probabilistic method, and links between sustainable and resilient design were established for a range of case-study buildings designed for different seismic performance objectives. These links were quantified using a metric herein referred to as the seismic carbon risk, which represents the expected environmental impacts and resource use indicators associated with earthquake damage during buildings’ life. The research was broken into three distinct parts: (1) a city-level evaluation of the environmental impacts of demolitions following the 2010/2011 Canterbury earthquake sequence in New Zealand, (2) the development of a probabilistic framework to incorporate earthquake damage into LCA, and (3) using case-study buildings to establish links between sustainable and resilient design. The first phase of the research focused on the environmental impacts of demolitions in Christchurch, New Zealand following the 2010/2011 Canterbury Earthquake Sequence. This large case study was used to investigate the environmental impact of the demolition of concrete buildings considering the embodied carbon and waste stream distribution. The embodied carbon was considered here as kilograms of CO2 equivalent that occurs on production, construction, and waste management stage. The results clearly demonstrated the significant environmental impacts that can result from moderate and large earthquakes in urban areas, and the importance of including environmental considerations when making post-earthquake demolition decisions. The next phase of the work introduced a framework for incorporating the impacts of expected earthquake damage based on a probabilistic approach into traditional LCA to allow for a comparison of seismic design decisions using a carbon lens. Here, in addition to initial construction impacts, the seismic carbon risk was quantified, including the impacts of seismic repair activities and total loss scenarios assuming reconstruction in case of non-reparability. A process-based LCA was performed to obtain the environmental consequence functions associated with structural and non-structural repair activities for multiple environmental indicators. In the final phase of the work, multiple case-study buildings were used to investigate the seismic consequences of different structural design decisions for buildings in seismic regions. Here, two case-study buildings were designed to multiple performance objectives, and the upfront carbon costs, and well as the seismic carbon risk across the building life were compared. The buildings were evaluated using the framework established in phase 2, and the results demonstrated that the seismic carbon risk can significantly be reduced with only minimal changes to the upfront carbon for buildings designed for a higher base shear or with seismic protective systems. This provided valuable insight into the links between resilient and sustainable design decisions. Finally, the results and observations from the work across the three phases of research described above were used to inform a discussion on important assumptions and topics that need to be considered when quantifying the environmental impacts of earthquake damage on buildings. These include: selection of a non-repairable threshold (e.g. a value beyond which a building would be demolished rather than repaired), the time value of carbon (e.g. when in the building life the carbon is released), the changing carbon intensity of structural materials over time, and the consideration of deterministic vs. probabilistic results. Each of these topics was explored in some detail to provide a clear pathway for future work in this area.
This paper shows an understanding of the availability of resources in post-disaster reconstruction and recovery in Christchurch, New Zealand following its September 4, 2010 and February 22, 2011 earthquakes. Overseas experience in recovery demonstrates how delays and additional costs may incur if the availability of resources is not aligned with the reconstruction needs. In the case of reconstruction following Christchurch earthquakes, access to normal resource levels will be insufficient. An on-line questionnaire survey, combined with in-depth interviews was used to collect data from the construction professionals that had been participated in the post-earthquake reconstruction. The study identified the resources that are subject to short supply and resourcing challenges that are currently faced by the construction industry. There was a varied degree of impacts felt by the surveyed organisations from resource shortages. Resource pressures were primarily concentrated on human resources associated with structural, architectural and land issues. The challenges that may continue playing out in the longer-term reconstruction of Christchurch include limited capacity of the construction industry, competition for skills among residential, infrastructure and commercial sectors, and uncertainties with respect to decision making. Findings provide implications informing the ongoing recovery and rebuild in New Zealand. http://www.iiirr.ucalgary.ca/Conference-2012
The Evaluating Maternity Units (EMU) study is a mixed method project involving a prospective cohort study, surveys (two postnatal questionnaires) and focus groups. It is an Australasian project funded by the Australian Health and Medical Research Council. Its primary aim was to compare the birth outcomes of two groups of well women – one group who planned to give birth at a primary maternity unit, and a second group who planned to give birth at a tertiary hospital. The secondary aim was to learn about women’s views and experiences regarding their birthplace decision-making, transfer, maternity care and experiences, and any other issues they raised. The New Zealand arm of the study was carried out in Christchurch, and was seriously affected by the earthquakes, halting recruitment at 702 participants. Comprehensive details were collected from both midwives and women regarding antenatal and early labour changes of birthplace plans and perinatal transfers from the primary units to the tertiary hospital. Women were asked about how they felt about plan changes and transfers in the first survey, and they were discussed in some focus groups. The transfer findings are still being analysed and will be presented. This study is set within the local maternity context, is recent, relevant and robust. It provides midwives with contemporary information about transfers from New Zealand primary maternity units and women’s views and experiences. It may help inform the conversations midwives have with each other, and with women and their families/whānau, regarding the choices of birthplace for well childbearing women.
Developing a holistic understanding of social, cultural, and economic impacts of disasters can help in building disaster risk knowledge for policy making and planning. Many methods can help in developing an understanding of the impacts of a disaster, including interviews and surveys with people who have experienced disaster, which may be invasive at times and create stress for the participants to relive their experiences. In the past decade, social media, blog posts, video blogs (i.e. “vlogs”), and crowdsourcing mechanisms such as Humanitarian OpenStreetMap and Ushahidi, have become prominent platforms for people to share their experiences and impacts of an event from the ground. These platforms allow for the discovery of a range of impact information, from physical impacts, to social, cultural, and psychological impacts. It can also reveal interesting behavioural information such as their decision to heed a warning or not, as people tend to share their experiences and their reactions online. This information can help researchers and authorities understand both the impacts as well as behavioural responses to hazards, which can then shape how early warning systems are designed and delivered. It can also help to identify gaps in desired behavioural responses. This poster presents a selection of cases identified from the literature and grey literature, such as the Haiti earthquake, the Christchurch earthquake, Hurricane Sandy, and Hurricane Harvey, where online platforms were widely used during and after a disaster to document impacts, experiences, and behavioural responses. A summary of key learnings and areas for future research is provided.
The skills agenda has grown in prominence within the construction industry. Indeed, skill shortages have been recognised as a perennial problem the construction industry faces, especially after a major disaster. In the aftermath of the Christchurch earthquakes, small and medium construction companies were at the forefront of rebuilding efforts. While the survival of these companies was seen to be paramount, and extreme events were seen to be a threat to survival, there is a dearth of research centring on their resourcing capacity following a disaster. This research aims to develop workforce resourcing best practice guidelines for subcontractors in response to large disaster reconstruction demands. By using case study methods, this research identified the challenges faced by subcontracting businesses in resourcing Christchurch recovery projects; identified the workforce resourcing strategies adopted by subcontracting businesses in response to reconstruction demand; and developed a best practice guideline for subcontracting businesses in managing the workforce at the organisational and/or project level. This research offers a twofold contribution. First, it provides an overview of workforce resourcing practices in subcontracting businesses. This understanding has enabled the development of a more practical workforce resourcing guideline for subcontractors. Second, it promotes evidence-informed decision-making in subcontractors’ workforce resourcing. Dynamics in workforce resourcing and their multifaceted interactions were explicitly depicted in this research. More importantly, this research provides a framework to guide policy development in producing a sustainable solution to skill shortages and establishing longterm national skill development initiatives. Taken together, this research derives a research agenda that maps under-explored areas relevant for further elaboration and future research. Prospective researchers can use the research results in identifying gaps and priority areas in relation to workforce resourcing.
Courage has remained an elusive concept to define despite having been in the English lexicon for hundreds of years. The Canterbury earthquake sequence that began in 2010 provided a unique context in which to undertake research that would contribute to further conceptualisation of courage. This qualitative study was undertaken in Christchurch, New Zealand, with adults over the age of 70 who experienced the Canterbury earthquakes and continued to live in the Canterbury region. The population group was chosen because it is an under researched group in post-disaster environments, and one that offers valuable insights because of members' length and breadth of life experiences, and likely reminiscent and reflective life stage. A constructivist grounded theory approach was utilised, with data collected through semi-structured focus groups and individual key informant interviews. The common adverse experience of the participants initially discussed was the earthquakes, which was followed by exploration of courage in their other lived experiences. Through an inductive process of data analysis, conceptual categories were identified, which when further analysed and integrated, contributed to a definition of courage. The definition was subsequently discussed with social work professionals who had remained working in the Canterbury region after experiencing the earthquakes. From the examples and the actions described within these, a process model was developed to support the application of courage. The model includes five steps: recognising an adverse situation, making a conscious decision to act, accessing sources of motivation, mastering emotion and taking action. Defining and utilising courage can help people to face adversity associated with everyday life and ultimately supports self-actualisation and self-development. Recommendations from the study include teaching about courage within social work education, utilising the process model within supervision, intentionally involving older adults in emergency management planning and developing specific social work tasks in hospital settings following a disaster.
This thesis investigates life-safety risk in earthquakes. The first component of the thesis utilises a dataset of earthquake injuries and deaths from recent earthquakes in New Zealand to identify cause, context, and risk factors of injury and death in the 2011 MW6.3 Christchurch earthquake and 2016 MW7.8 Kaikōura earthquake. Results show that nearly all deaths occurred from being hit by structural elements from buildings, while most injuries were caused by falls, strains and being hit by contents or non-structural elements. Statistical analysis of injured cases compared to an uninjured control group found that age, gender, building damage, shaking intensity, and behaviour during shaking were the most significant risk factors for injury during these earthquakes. The second part of the thesis uses the empirical findings from the first section to develop two tools for managing life-safety risk in earthquakes. The first tool is a casualty estimation model for health system and emergency response planning. An existing casualty model used in New Zealand was validated against observed data from the 2011 Christchurch earthquake and found to underestimate moderate and severe injuries by an order of magnitude. The model was then updated to include human behaviour such as protective actions, falls and strain type injuries that are dependent on shaking intensity, as well as injuries and deaths outside buildings. These improvements resulted in a closer fit to observed casualties for the 2011 Christchurch earthquake. The second tool that was developed is a framework to set seismic loading standards for design based on fatality risk targets. The proposed framework extends the risk-targeted hazard method, by moving beyond collapse risk targets, to fatality risk targets for individuals in buildings and societal risk in cities. The framework also includes treatment of epistemic uncertainty in seismic hazard to allow this uncertainty to be used in risk-based decision making. The framework is demonstrated by showing how the current New Zealand loading standards could be revised to achieve uniform life-safety risk across the country and how the introduction of a new loading factor can reduce risk aggregation in cities. Not on Alma, moved and emailed. 1/02/2023 ce
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
