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Research papers, Lincoln University

Advocates for Compact City, Smart Growth and New Urbanism claim intensification of land use as a means to achieve sustainability imperatives, manage urbanisation and curb peripheral sprawl. It appears policy makers and planners have taken this perspective into consideration over the last two decades as intensification appears more prevalent in policy and planning. Literature points to residential infill as a method of providing for housing development within city limits. While residential infill is recognised in literature, little is known about what it consists of and the different stakeholders involved. This study will document different types of infill, identify various stakeholders associated with the different types and how their roles align and conflict.

Research papers, The University of Auckland Library

"The nuclear meltdown at Fukushima ... the Fonterra botulism scare ... the Christchurch earthquakes – in all these recent crises the role played by scientists has been under the spotlight. What is the first duty of scientists in a crisis – to the government, to their employer, or to the wider public desperate for information? And what if these different objectives clash? In this penetrating BWB Text, leading scientist Shaun Hendy finds that in New Zealand, the public obligation of the scientist is often far from clear and that there have been many disturbing instances of scientists being silenced. Experts who have information the public seeks, he finds, have been prevented from speaking out. His own experiences have led him to conclude that New Zealanders have few scientific institutions that feel secure enough to criticise the government of the day." - Publisher information. http://librarysearch.auckland.ac.nz/UOA2_A:Combined_Local:uoa_alma21259423940002091

Research papers, Lincoln University

Purpose - The purpose of this paper is to identify through the application of Actor Network Theory (ANT) the issues and impediments to the implementation of mandatory seismic retrofitting policies proposed by the New Zealand Government. In particular the tension between the heritage protection objectives contained in the Resource Management Act 1991 and the earthquake mitigation measures contained in the Building Act 2004 are examined. Design/methodology/approach - The paper uses a case study approach based on the Harcourts Building in Wellington New Zealand and the case law relating to attempts to demolish this particular building. Use is made of ANT as a 'lens' to identify and study the controversies around mandatory seismic retrofitting of heritage buildings. The concept of translation is used to draw network diagrams.

Research papers, University of Canterbury Library

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.

Research papers, University of Canterbury Library

This thesis explores how social entrepreneurship develops following a crisis. A review of literature finds that despite more than 15 years of academic attention, a common definition of social entrepreneurship remains elusive, with the field lacking the unified framework to set it apart as a specialised field of study. There are a variety of different conceptualisations of how social entrepreneurship works, and what it aims to achieve. The New Zealand context for social entrepreneurship is explored, finding that it receives little attention from the government and education sectors, despite its enormous potential. A lack of readily available information on social entrepreneurship leads most studies to investigate it as a phenomenon, and given the unique context of this research, it follows suit. Following from several authors’ recommendations that social entrepreneurship be subjected to further exploration, this is an exploratory, inductive study. A multiple case study is used to explore how social entrepreneurship develops following a natural disaster, using the example of the February 2011 earthquake in Christchurch, New Zealand. With little existing theory in this research area, this method is used to provide interesting examples of how the natural disaster, recognised as a crisis, can lead to business formation. Findings revealed the crisis initially triggered an altruistic response from social entrepreneurs, leading them to develop newly highlighted opportunities that were related to fields in which they had existing skills and expertise. In the process of developing these opportunities, initial altruistic motivations faded, with a new focus on the pursuit of a social mission and aims for survival and growth. The social missions addressed broad issues, and while they did address the crisis to differing extents, they were not confined to addressing its consequences. A framework is presented to explain how social entrepreneurship functions, once triggered in response to crisis. This framework supports existing literature that depicts social entrepreneurship as a continuous process, and illustrates the effects of a crisis as the catalyst for social business formation. In the aftermath of a crisis, when resources are likely to be scarce, social entrepreneurs play a significant role in the recovery process and their contributions should be highly valued both by government and relevant disaster response bodies. Policies that support social entrepreneurs and their ventures should be considered in the same way as commercial ventures.

Research papers, The University of Auckland Library

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

Research papers, Lincoln University

The Canterbury region of New Zealand was shaken by major earthquakes on the 4th September 2010 and 22nd February 2011. The quakes caused 185 fatalities and extensive land, infrastructure and building damage, particularly in the Eastern suburbs of Christchurch city. Almost 450 ha of residential and public land was designated as a ‘Red Zone’ unsuitable for residential redevelopment because land damage was so significant, engineering solutions were uncertain, and repairs would be protracted. Subsequent demolition of all housing and infrastructure in the area has left a blank canvas of land stretching along the Avon River corridor from the CBD to the sea. Initially the Government’s official – but enormously controversial – position was that this land would be cleared and lie fallow until engineering solutions could be found that enabled residential redevelopment. This paper presents an application of a choice experiment (CE) that identified and assessed Christchurch residents’ preferences for different land use options of this Red Zone. Results demonstrated strong public support for the development of a recreational reserve comprising a unique natural environment with native fauna and flora, healthy wetlands and rivers, and recreational opportunities that align with this vision. By highlighting the value of a range of alternatives, the CE provided a platform for public participation and expanded the conversational terrain upon which redevelopment policy took place. We conclude the method has value for land use decision-making beyond the disaster recovery context.