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
As cities evolve, change and grow, the need and desire for adaptable architecture becomes evident across the nation. Architecture needs to undertake techniques that are flexible in order to adapt and align with the development of future generations in New Zealand. The Education industry is a primary example of a sector which requires flexibility within both classroom architectural form and interior configuration. This is a resultant of the recently updated Ministry of Education requirements; which state that every new classroom built or renovated nationwide, must implement the MoE classroom design standards for Innovative Learning Environments. ILE teaching spaces are configured as an open plan interior, supporting flexibility in classroom arrangement and teaching techniques. ILE classrooms are capable of evolving and adapting as educational practices evolve and change, allowing schools to remain modern and future focused. As part of this movement to ILE, the Ministry of Education has also recently made an attempt to improve the quality of temporary classrooms. This has been done by looking into the initiation of a programme that utilizes relocatable classroom buildings. Relocatable classrooms have been selected for multiple reasons, primarily flexibility. Flexibility is key for a school environment as it allows the school to actively respond to fluctuating school rolls. It is anticipated that the programme will provide a faster delivery process with a standardised design that allows the classrooms to be relocated from one school to another with relative ease. Following the devastating February 2011 earthquake the Greater Christchurch Region, the Education sector is in the midst of the Canterbury Schools Rebuild Programme. As a repercussion of this natural disaster, the majority of Christchurch schools have redevelopment or rebuild projects in progress, with preliminary design phases already in action for a small group of select schools regarded as high priority. The primary funding for these projects are sourced from insurance money, implementing tight budget restrictions, affecting the architectural design, quality and speed of the construction and repair works. The available funding limits the affordable classroom options to basic teaching spaces that have been stripped back to simple architectural forms, dictating not only the re-design, but also how our future generations will learn. Thus causing the development of the new student-led learning ILE concept to become controlled by existing construction techniques and the Rebuild Programmes budget restrictions. This thesis focuses on the future proofing of New Zealand schools by providing an affordable and time efficient alternative option to the current static, traditional construction, an option that has the ability to cater to the unpredictable fluctuating school rolls across the nation. This has been done by developing a prefabricated system for standalone classroom blocks. These blocks have the ability to be relocated between different school sites, dynamically catering to the unpredictable school roll numbers experienced across New Zealand. This site flexibility is reflected with the interior flexibility in the classrooms, enhancing the internal teaching space composition and challenges the existing design standards set by the Ministry of Education for Innovative Learning Environments. This system is called “Flexi-Ed”. Flexibility has been a key driver for this thesis, as the prefabricated structure is have to be flexible in three ways; first in the sense of being easy to assemble and disassemble. Second by offering flexible interior learning environments and thirdly the joints of the structure are designed with the ability to be flexible in order to cope with seismic activity. These three principles will provide schools with long term flexibility, minimal on-site interruption and heighten the standard of ILE across the nation. I strive to provide schools with long term flexibility and minimal site interruption, whilst heightening the standard of Innovative Learning Environments across New Zealand.
Following the devastation of the Canterbury earthquake sequence a unique opportunity exists to rebuild and restructure the city of Christchurch, ensuring that its infrastructure is constructed better than before and is innovative. By installing an integrated grid of modern sensor technologies into concrete structures during the rebuild of the Christchurch CBD, the aim is to develop a network of self-monitored ‘digital buildings’. A diverse range of data will be recorded, potentially including parameters such as concrete stresses, strains, thermal deformations, acoustics and the monitoring of corrosion of reinforcement bars. This procedure will allow an on-going complete assessment of the structure’s performance and service life, both before and after seismic activity. The data generated from the embedded and surface mounted sensors will be analysed to allow an innovative and real-time health monitoring solution where structural integrity is continuously known. This indication of building performance will allow the structure to alert owners, engineers and asset managers of developing problems prior to failure thresholds being reached. A range of potential sensor technologies for monitoring the performance of existing and newly constructed concrete buildings is discussed. A description of monitoring work conducted on existing buildings during the July 2013 Cook Strait earthquake sequence is included, along with details of current work that investigates the performance of sensing technologies for detecting crack formation in concrete specimens. The potential market for managing the real-time health of installed infrastructure is huge. Civil structures all over the world require regular visual inspections in order to determine their structural integrity. The information recorded during the Christchurch rebuild will generate crucial data sets that will be beneficial in understanding the behaviour of concrete over the complete life cycle of the structure, from construction through to operation and building repairs until the time of failure. VoR - Version of Record
The Canterbury earthquakes of 2010 and 2011 generated hundreds of thousands of insurance claims, many of which were disputed. The New Zealand justice system faced the same challenge encountered by other jurisdictions following a natural disaster: how to resolve these disputes quickly and at minimal cost but also fairly, to avoid compounding the disaster with injustice? The thesis is of this article is that although the earthquakes were catastrophic for New Zealand, they also created a unique opportunity to design an innovative civil justice process—the Christchurch High Court Earthquake List—and to test, over a relatively short timeframe, how well that process works. This article describes the Christchurch High Court Earthquake List and analyses it by reference to civil justice theory about the relative normative values of public adjudication and private settlement and the dialogic relationship between them. It then evaluates the List, using statistics available five years on from the earthquakes and by reference to the author’s own experience mediating earthquake disputes.
New Zealand has a long tradition of using light timber frame for construction of its domestic dwellings. After the most recent earthquakes (e.g. Canterbury earthquakes sequence), wooden residential houses showed satisfactory life safety performance. However, poor performance was reported in terms of their seismic resilience. Although numerous innovative methods to mitigate damage have been introduced to the New Zealand community in order to improve wooden house performance, these retrofit options have not been readily taken up. The low number of retrofitted wooden-framed houses leads to questions about whether homeowners are aware of the necessity of seismic retrofitting their houses to achieve a satisfactory seismic performance. This study aims to explore different retrofit technologies that can be applied to wooden-framed houses in Wellington, taking into account the need of homeowners to understand the risk, likelihood and extent of damage expected after an event. A survey will be conducted in Wellington about perceptions of homeowners towards the expected performance of their wooden-framed houses. The survey questions were designed to gain an understanding of homeowners' levels of safety and awareness of possible damage after a seismic event. Afterwards, a structural review of a sample of the houses will be undertaken to identify common features and detail potential seismic concerns. The findings will break down barriers to making improvements in the performance of wooden-framed houses and lead to enhancements in the confidence of homeowners in the event of future seismic activity. This will result in increased understanding and contribute towards an accessible knowledge base, which will possibly increase significantly the use of these technologies and avoid unnecessary economic and social costs after a seismic event.
There are many swaths of land that are deemed unsuitable to build on and occupy. These places, however, are rarely within an established city. The Canterbury earthquakes of 2010 and 2011 left areas in central Christchurch with such significant land damage that it is unlikely to be re-inhabited for a considerable period of time. These areas are commonly known as the ‘Red Zone’.This thesis explores redevelop in on volatile land through innovative solutions found and adapted from the traditional Indonesian construction techniques. Currently, Indonesia’s vernacular architecture sits on the verge of extinction after a cultural shift towards the masonry bungalow forced a rapid decline in their occupation and construction. The 2004 Indian Ocean earthquake and tsunami illustrated the bungalows’ poor performance in the face of catastrophic seismic activity, being outperformed by the traditional structures. This has been particularly evident in the Rumah Aceh construction of the Aceh province in Northern Sumatra. Within a New Zealand context an adaptation and modernisation of the Rumah Aceh construction will generate an architectural response not currently accepted under the scope of NZS 3604:2011; the standards most recent revision following the Canterbury earthquake of 2010 concerning timber-based seismic performance. This architectural exploration will further address light timber structures, their components, sustainability and seismic resilience. Improving new builds’ durability as New Zealand moves away from the previously promoted bungalow model that extends beyond residential and into all aspects of New Zealand built environment.
<strong>Natural disasters are often unpredictable and are happening frequently. Some natural disasters cause damage to communities, resulting in displaced individuals. Due to this there is a need for shelter, however, there are many unknown factors. These include unknown demographics, a strain on time, cost, and resources, and the unknown location. This study begins by identifying a lack of identity and personality in existing post-disaster shelter designs, including the example of Linwood Park from the Christchurch 2011 earthquake. Further research shows the lack of personalisation within shelters, along with addressing key requirements needed for shelters. While providing the basic needs is essential, this thesis also addresses how personalisation can impact a space. Taking bach architecture as a driver for a basic, yet unique approach to temporary accommodation, Lake Clearwater Settlement was used as a case study. Through surveys, interviews, and a reflective design process, the importance of embracing identity emerges as a key element in fostering dignity, livelihood, and a sense of self in displaced individuals.</strong>This thesis explores innovative approaches to post-disaster shelter design with a focus on accommodating the unique needs and individuality of displaced individuals. From challenging conventional shelter concepts to embracing self-design and community involvement, the research addresses the question of how interior and exterior features can cater to the diverse requirements of those affected by natural disasters.
