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
We measure the longer-term effect of a major earthquake on the local economy, using night-time light intensity measured from space, and investigate whether insurance claim payments for damaged residential property affected the local recovery process. We focus on the destructive Canterbury Earthquake Sequence (CES) 2010 -2011 as our case study. Uniquely for this event, more than 95% of residential housing units were covered by insurance, but insurance payments were staggered over 5 years, enabling us to identify their local impact. We find that night-time luminosity can capture the process of recovery and describe the recovery’s determinants. We also find that insurance payments contributed significantly to the process of economic recovery after the earthquake, but delayed payments were less affective and cash settlement of claims were more effective than insurance-managed repairs in contributing to local recovery.
We examine the role of business interruption (BI) insurance in business recovery following the Christchurch earthquake in 2011. First, we ask whether BI insurance increases the likelihood of business survival in the immediate (3-6 months) aftermath of a disaster. We find positive but statistically insignificant evidence that those firms that had incurred damage, but were covered by BI insurance, had higher likelihood of survival post-quake compared with those firms that did not have any insurance. For the medium-term (2-3 years) survival of firms, our results show a more explicit role for insurance. Firms with BI insurance experience increased productivity and improved performance following a catastrophe. Furthermore, we find that those organisations that receive prompt and full payments of their claims have a better recovery than those that had protracted or inadequate claims payments, but this difference between the two groups is not statistically significant. We find no statistically significant evidence that the latter group (inadequate payment) did any better than those organisations that had damage but no insurance coverage. In general, our analysis indicates the importance not only of adequate insurance coverage, but also of an insurance system that delivers prompt claim payments.
This is a post-peer-review, pre-copyedit version of an article published in 'The Geneva Papers on Risk and Insurance - Issues and Practice'. The final authenticated version is available online at: https://doi.org/10.1057/s41288-017-0067-y. The following terms of use apply: https://www.springer.com/gp/open-access/publication-policies/aam-terms-of-use.
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.
Detailed studies on the sediment budget may reveal valuable insights into the successive build-up of the Canterbury Plains and their modification by Holocene fluvialaction connected to major braided rivers. Additionally, they bear implications beyond these fluvial aspects. Palaeoseismological studies claim to have detected signals of major Alpine Fault earthquakes in coastal environments along the eastern seaboard of the South Island (McFadgen and Goff, 2005). This requires high connectivity between the lower reaches of major braided rivers and their mountain catchments to generate immediate significant sediment pulses. It would be contradictory to the above mentioned hypothesis though. Obtaining better control on sediment budgets of braided rivers like the Waimakariri River will finally add significant value to multiple scientific and applied topics like regional resource management. An essential first step of sediment budget studies Is to systematically map the geomorphology, conventionally in the field and/or using remote-sensing applications, to localise, genetically identify, and classify landforms or entire toposequences of the area being investigated. In formerly glaciated mountain environments it is also indispensable to obtain all available chronological information supporting subsequent investigations.
An UnReinforced clay brick Masonry (URM) chimney is composed of a cantilever URM appendage above a roofline and is considered one of the most earthquake prone non-structural compo¬nents within vintage URM and timber-framed buildings. Observations from past earthquakes including the 1992 Big Bear City earthquake, 1994 Northridge earthquake, 2001 Nisqually earthquake, 2010/2011 Canterbury earthquakes, 2012 Northern Italy earthquakes, and 2014 South Napa earthquake served repeatedly as a reminder of the hazard induced by URM chimneys. The observed failure types included several cases where the adopted retrofit techniques were not adequate to effectively secure chimneys dur¬ing the earthquake. Data collected during the 2010/2011 post-earthquake building assessments in Christchurch and insur¬ance claims are reported herein. Five full-scale solid clay brick URM chimneys which replicated the most encountered geometrical and construction characteristics were subjected to shake table testing. Two chim¬ney samples were representative of the as-built conditions, while three samples were retrofitted using two different configurations of Near-Surface-Mounted (NSM) Carbon-Fibre-Reinforced-Polymer (CFRP) strips and post-tensioning techniques. The adopted securing techniques allowed an increase in seismic acceleration capacity of more than five times for chimneys constructed with ultra-weak mortar and more than twice for chimneys built with weak mortar. http://www.16ibmac.com/
Seismic isolation is an effective technology for significantly reducing damage to buildings and building contents. However, its application to light-frame wood buildings has so far been unable to overcome cost and technical barriers such as susceptibility to movement during high-wind loading. The precursor to research in the field of isolation of residential buildings was the 1994 Northridge Earthquake (6.7 MW) in the United States and the 1995 Kobe Earthquake (6.9 MW) in Japan. While only a small number of lives were lost in residential buildings in these events, the economic impact was significant with over half of earthquake recovery costs given to repair and reconstruction of residential building damage. A value case has been explored to highlight the benefits of seismically isolated residential buildings compared to a standard fixed-base dwellings for the Wellington region. Loss data generated by insurance claim information from the 2011 Christchurch Earthquake has been used by researchers to determine vulnerability functions for the current light-frame wood building stock. By further considering the loss attributed to drift and acceleration sensitive components, and a simplified single degree of freedom (SDOF) building model, a method for determining vulnerability functions for seismic isolated buildings was developed. Vulnerability functions were then applied directly in a loss assessment using the GNS developed software, RiskScape. Vulnerability was shown to dramatically reduce for isolated buildings compared to an equivalent fixed-base building and as a result, the monetary savings in a given earthquake scenario were significant. This work is expected to drive further interest for development of solutions for the seismic isolation of residential dwellings, of which one option is further considered and presented herein.
The recent instances of seismic activity in Canterbury (2010/11) and Kaikōura (2016) in New Zealand have exposed an unexpected level of damage to non-structural components, such as buried pipelines and building envelope systems. The cost of broken buried infrastructure, such as pipeline systems, to the Christchurch Council was excessive, as was the cost of repairing building envelopes to building owners in both Christchurch and Wellington (due to the Kaikōura earthquake), which indicates there are problems with compliance pathways for both of these systems. Councils rely on product testing and robust engineering design practices to provide compliance certification on the suitability of product systems, while asset and building owners rely on the compliance as proof of an acceptable design. In addition, forensic engineers and lifeline analysts rely on the same product testing and design techniques to analyse earthquake-related failures or predict future outcomes pre-earthquake, respectively. The aim of this research was to record the actual field-observed damage from the Canterbury and Kaikōura earthquakes of seismic damage to buried pipeline and building envelope systems, develop suitable testing protocols to be able to test the systems’ seismic resilience, and produce prediction design tools that deliver results that reflect the collected field observations with better accuracy than the present tools used by forensic engineers and lifeline analysts. The main research chapters of this thesis comprise of four publications that describe the gathering of seismic damage to pipes (Publication 1 of 4) and building envelopes (Publication 2 of 4). Experimental testing and the development of prediction design tools for both systems are described in Publications 3 and 4. The field observation (discussed in Publication 1 of 4) revealed that segmented pipe joints, such as those used in thick-walled PVC pipes, were particularly unsatisfactory with respect to the joint’s seismic resilience capabilities. Once the joint was damaged, silt and other deleterious material were able to penetrate the pipeline, causing blockages and the shutdown of key infrastructure services. At present, the governing Standards for PVC pipes are AS/NZS 1477 (pressure systems) and AS/NZS 1260 (gravity systems), which do not include a protocol for evaluating the PVC pipes for joint seismic resilience. Testing methodologies were designed to test a PVC pipe joint under various different simultaneously applied axial and transverse loads (discussed in Publication 3 of 4). The goal of the laboratory experiment was to establish an easy to apply testing protocol that could fill the void in the mentioned standards and produce boundary data that could be used to develop a design tool that could predict the observed failures given site-specific conditions surrounding the pipe. A tremendous amount of building envelope glazing system damage was recorded in the CBDs of both Christchurch and Wellington, which included gasket dislodgement, cracked glazing, and dislodged glazing. The observational research (Publication 2 of 4) concluded that the glazing systems were a good indication of building envelope damage as the glazing had consistent breaking characteristics, like a ballistic fuse used in forensic blast analysis. The compliance testing protocol recognised in the New Zealand Building Code, Verification Method E2/VM1, relies on the testing method from the Standard AS/NZS 4284 and stipulates the inclusion of typical penetrations, such as glazing systems, to be included in the test specimen. Some of the building envelope systems that failed in the recent New Zealand earthquakes were assessed with glazing systems using either the AS/NZS 4284 or E2/VM1 methods and still failed unexpectedly, which suggests that improvements to the testing protocols are required. An experiment was designed to mimic the observed earthquake damage using bi-directional loading (discussed in Publication 4 of 4) and to identify improvements to the current testing protocol. In a similar way to pipes, the observational and test data was then used to develop a design prediction tool. For both pipes (Publication 3 of 4) and glazing systems (Publication 4 of 4), experimentation suggests that modifying the existing testing Standards would yield more realistic earthquake damage results. The research indicates that including a specific joint testing regime for pipes and positioning the glazing system in a specific location in the specimen would improve the relevant Standards with respect to seismic resilience of these systems. Improving seismic resilience in pipe joints and glazing systems would improve existing Council compliance pathways, which would potentially reduce the liability of damage claims against the government after an earthquake event. The developed design prediction tool, for both pipe and glazing systems, uses local data specific to the system being scrutinised, such as local geology, dimensional characteristics of the system, actual or predicted peak ground accelerations (both vertically and horizontally) and results of product-specific bi-directional testing. The design prediction tools would improve the accuracy of existing techniques used by forensic engineers examining the cause of failure after an earthquake and for lifeline analysts examining predictive earthquake damage scenarios.
