The Canterbury earthquakes of 2010 and 2011 caused significant damage and disruption to the city of Christchurch, New Zealand. A Royal Commission was established to report on the causes of building failure as a result of the earthquakes as well as look at the legal and best-practice requirements for buildings in New Zealand Central Business Districts. The Royal Commission made 189 recommendations on a variety of matters including managing damaged buildings after an earthquake, the adequacy of building codes and standards, and the processes of seismic assessments of existing buildings to determine their earthquake vulnerability. In response the Ministry of Business, Innovation and Employment, the agency responsible for administering building regulation in New Zealand, established a work programme to assist with the Canterbury rebuild and to implement the lessons learned throughout New Zealand. The five primary work streams in the programme are: • Facilitating the Canterbury Rebuild • Structural Performance and Design Standards • Geotechnical and structural guidance • Existing Building Resilience • Post Disaster Building Management This paper provides more detail on each of the work streams. There has been significant collaboration between the New Zealand Government and the research community, technical societies, and engineering consultants, both within New Zealand and internationally, to deliver the programme and improve the resilience of the New Zealand built environment. This has presented major challenges for an extremely busy industry in the aftermath of the Canterbury earthquakes. The paper identifies the items of work that have been completed and the work that is still in progress at the time of writing.
In response to the February 2011 earthquake, Parliament enacted the Canterbury Earthquake Recovery Act. This emergency legislation provided the executive with extreme powers that extended well beyond the initial emergency response and into the recovery phase. Although New Zealand has the Civil Defence Emergency Management Act 2002, it was unable to cope with the scale and intensity of the Canterbury earthquake sequence. Considering the well-known geological risk facing the Wellington region, this paper will consider whether a standalone “Disaster Recovery Act” should be established to separate an emergency and its response from the recovery phase. Currently, Government policy is to respond reactively to a disaster rather than proactively. In a major event, this typically involves the executive being given the ability to make rules, regulations and policy without the delay or oversight of normal legislative process. In the first part of this paper, I will canvas what a “Disaster Recovery Act” could prescribe and why there is a need to separate recovery from emergency. Secondly, I will consider the shortfalls in the current civil defence recovery framework which necessitates this kind of heavy governmental response after a disaster. In the final section, I will examine how
There has been little discussion of what archival accounting evidence can contribute to an understanding of a society’s response to a natural disaster. This article focuses on two severe earthquakes which struck New Zealand in 1929 and 1931 and makes two main contributions to accounting history. First, by discussing evidence from archival sources, it contributes to the literature on accounting in a disaster. This provides a basis for future theory building and for future comparative research related to the response to more recent natural disasters such as the 2010–11 Canterbury earthquakes. Secondly, it questions the conclusions of recently published research concerning the role of central and local government in this and recent earthquakes.
Disasters that significantly affect people typically result in the production of documents detailing disaster lessons. This was the case in the 2010 and 2011 Canterbury earthquakes, as government and emergency response agencies, community organisations, and the media, engaged in the practice of producing and reporting disaster lessons. This thesis examines the disaster lessons that were developed by emergent groups following the Canterbury earthquakes (4 September 2010 and 22 February 2011). It adopts a Foucauldian analysis approach to investigate both the construction of disaster lessons and to document how this practice has come to dominate postdisaster activity following the Canterbury earthquakes. The study involved an analysis of academic literature, public documents and websites and interviews with key members of a range of Canterbury based emergent community groups. This material was used to generate a genealogy of disaster lessons, which was given in order to generate an account of how disaster lessons emerged and have come to dominate as a practice of disaster management. The thesis then examines the genealogy through the concept of governmentality so as to demonstrate how this discourse of disaster lessons has come to be used as a governing rationale that shapes and guides the emergent groups conduct in postdisaster New Zealand.
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.
In major seismic events, a number of plan-asymmetric buildings which experienced element failure or structural collapse had twisted significantly about their vertical axis during the earthquake shaking. This twist, known as “building torsion”, results in greater demands on one side of a structure than on the other side. The Canterbury Earthquakes Royal Commission’s reports describe the response of a number of buildings in the February 2011 Christchurch earthquakes. As a result of the catastrophic collapse of one multi-storey building with significant torsional irregularity, and significant torsional effects also in other buildings, the Royal Commission recommended that further studies be undertaken to develop improved simple and effective guides to consider torsional effects in buildings which respond inelastically during earthquake shaking. Separately from this, as building owners, the government, and other stakeholders, are planning for possible earthquake scenarios, they need good estimates of the likely performance of both new and existing buildings. These estimates, often made using performance based earthquake engineering considerations and loss estimation techniques, inform decision making. Since all buildings may experience torsion to some extent, and torsional effects can influence demands on building structural and non-structural elements, it is crucial that demand estimates consider torsion. Building seismic response considering torsion can be evaluated with nonlinear time history analysis. However, such analysis involves significant computational effort, expertise and cost. Therefore, from an engineers’ point of view, simpler analysis methods, with reasonable accuracy, are beneficial. The consideration of torsion in simple analysis methods has been investigated by many researchers. However, many studies are theoretical without direct relevance to structural design/assessment. Some existing methods also have limited applicability, or they are difficult to use in routine design office practice. In addition, there has been no consensus about which method is best. As a result, there is a notable lack of recommendations in current building design codes for torsion of buildings that respond inelastically. There is a need for building torsion to be considered in yielding structures, and for simple guidance to be developed and adopted into building design standards. This study aims to undertaken to address this need for plan-asymmetric structures which are regular over their height. Time history analyses are first conducted to quantify the effects of building plan irregularity, that lead to torsional response, on the seismic response of building structures. Effects of some key structural and ground motion characteristics (e.g. hysteretic model, ground motion duration, etc.) are considered. Mass eccentricity is found to result in rather smaller torsional response compared to stiffness/strength eccentricity. Mass rotational inertia generally decreases the torsional response; however, the trend is not clearly defined for torsionally restrained systems (i.e. large λty). Systems with EPP and bilinear models have close displacements and systems with Takeda, SINA, and flag-shaped models yield almost the same displacements. Damping has no specific effect on the torsional response for the single-storey systems with the unidirectional eccentricity and excitation. Displacements of the single-storey systems subject to long duration ground motion records are smaller than those for short duration records. A method to consider torsional response of ductile building structures under earthquake shaking is then developed based on structural dynamics for a wide range of structural systems and configurations, including those with low and high torsional restraint. The method is then simplified for use in engineering practice. A novel method is also proposed to simply account for the effects of strength eccentricity on response of highly inelastic systems. A comparison of the accuracy of some existing methods (including code-base equivalent static method and model response spectrum analysis method), and the proposed method, is conducted for single-storey structures. It is shown that the proposed method generally provides better accuracy over a wide range of parameters. In general, the equivalent static method is not adequate in capturing the torsional effects and the elastic modal response spectrum analysis method is generally adequate for some common parameters. Record-to-record variation in maximum displacement demand on the structures with different degrees of torsional response is considered in a simple way. Bidirectional torsional response is then considered. Bidirectional eccentricity and excitation has varying effects on the torsional response; however, it generally increases the weak and strong edges displacements. The proposed method is then generalized to consider the bidirectional torsion due to bidirectional stiffness/strength eccentricity and bidirectional seismic excitation. The method is shown to predict displacements conservatively; however, the conservatism decreases slightly for cases with bidirectional excitation compared to those subject to unidirectional excitation. In is shown that the roof displacement of multi-storey structures with torsional response can be predicted by considering the first mode of vibration. The method is then further generalized to estimate torsional effects on multi-storey structure displacement demands. The proposed procedure is tested multi-storey structures and shown to predict the displacements with a good accuracy and conservatively. For buildings which twist in plan during earthquake shaking, the effect of P-Δλ action is evaluated and recommendations for design are made. P-Δλ has more significant effects on systems with small post- yield stiffness. Therefore, system stability coefficient is shown not to be the best indicator of the importance of P-Δλ and it is recommended to use post-yield stiffness of system computed with allowance for P-Δλ effects. For systems with torsional response, the global system stability coefficient and post- yield stiffness ration do not reflect the significance of P-Δλ effects properly. Therefore, for torsional systems individual seismic force resisting systems should be considered. Accuracy of MRSA is investigated and it is found that the MRSA is not always conservative for estimating the centre of mass and strong edge displacements as well as displacements of ductile systems with strength eccentricity larger than stiffness eccentricity. Some modifications are proposed to get the MRSA yields a conservative estimation of displacement demands for all cases.
In September 2010 and February 2011, the Canterbury region experienced devastating earthquakes with an estimated economic cost of over NZ$40 billion (Parker and Steenkamp, 2012; Timar et al., 2014; Potter et al., 2015). The insurance market played an important role in rebuilding the Canterbury region after the earthquakes. Homeowners, insurance and reinsurance markets and New Zealand government agencies faced a difficult task to manage the rebuild process. From an empirical and theoretic research viewpoint, the Christchurch disaster calls for an assessment of how the insurance market deals with such disasters in the future. Previous studies have investigated market responses to losses in global catastrophes by focusing on the insurance supply-side. This study investigates both demand-side and supply-side insurance market responses to the Christchurch earthquakes. Despite the fact that New Zealand is prone to seismic activities, there are scant previous studies in the area of earthquake insurance. This study does offer a unique opportunity to examine and document the New Zealand insurance market response to catastrophe risk, providing results critical for understanding market responses after major loss events in general. A review of previous studies shows higher premiums suppress demand, but how higher premiums and a higher probability of risk affect demand is still largely unknown. According to previous studies, the supply of disaster coverage is curtailed unless the market is subsidised, however, there is still unsettled discussion on why demand decreases with time from the previous disaster even when the supply of coverage is subsidised by the government. Natural disaster risks pose a set of challenges for insurance market players because of substantial ambiguity associated with the probability of such events occurring and high spatial correlation of catastrophe losses. Private insurance market inefficiencies due to high premiums and spatially concentrated risks calls for government intervention in the provision of natural disaster insurance to avert situations of noninsurance and underinsurance. Political economy considerations make it more likely for government support to be called for if many people are uninsured than if few people are uninsured. However, emergency assistance for property owners after catastrophe events can encourage most property owners to not buy insurance against natural disaster and develop adverse selection behaviour, generating larger future risks for homeowners and governments. On the demand-side, this study has developed an intertemporal model to examine how demand for insurance changes post-catastrophe, and how to model it theoretically. In this intertemporal model, insurance can be sought in two sequential periods of time, and at the second period, it is known whether or not a loss event happened in period one. The results show that period one demand for insurance increases relative to the standard single period model when the second period is taken into consideration, period two insurance demand is higher post-loss, higher than both the period one demand and the period two demand without a period one loss. To investigate policyholders experience from the demand-side perspective, a total of 1600 survey questionnaires were administered, and responses from 254 participants received representing a 16 percent response rate. Survey data was gathered from four institutions in Canterbury and is probably not representative of the entire population. The results of the survey show that the change from full replacement value policy to nominated replacement value policy is a key determinant of the direction of change in the level of insurance coverage after the earthquakes. The earthquakes also highlighted the plight of those who were underinsured, prompting policyholders to update their insurance coverage to reflect the estimated cost of re-building their property. The survey has added further evidence to the existing literature, such as those who have had a recent experience with disaster loss report increased risk perception if a similar event happens in future with females reporting a higher risk perception than males. Of the demographic variables, only gender has a relationship with changes in household cover. On the supply-side, this study has built a risk-based pricing model suitable to generate a competitive premium rate for natural disaster insurance cover. Using illustrative data from the Christchurch Red-zone suburbs, the model generates competitive premium rates for catastrophe risk. When the proposed model incorporates the new RMS high-definition New Zealand Earthquake Model, for example, insurers can find the model useful to identify losses at a granular level so as to calculate the competitive premium. This study observes that the key to the success of the New Zealand dual insurance system despite the high prevalence of catastrophe losses are; firstly the EQC’s flat-rate pricing structure keeps private insurance premiums affordable and very high nationwide homeowner take-up rates of natural disaster insurance. Secondly, private insurers and the EQC have an elaborate reinsurance arrangement in place. By efficiently transferring risk to the reinsurer, the cost of writing primary insurance is considerably reduced ultimately expanding primary insurance capacity and supply of insurance coverage.
Following a damaging earthquake, the immediate emergency response is focused on individual collapsed buildings or other "hotspots" rather than the overall state of damage. This lack of attention to the global damage condition of the affected region can lead to the reporting of misinformation and generate confusion, causing difficulties when attempting to determine the level of postdisaster resources required. A pre-planned building damage survey based on the transect method is recommended as a simple tool to generate an estimate of the overall level of building damage in a city or region. A methodology for such a transect survey is suggested, and an example of a similar survey conducted in Christchurch, New Zealand, following the 22 February 2011 earthquake is presented. The transect was found to give suitably accurate estimates of building damage at a time when information was keenly sought by government authorities and the general public. VoR - Version of Record
There are many things that organisations of any size can do to prepare for a disaster or crisis. Traditionally, the advice given to business has focused on identifying risks, reducing their likely occurrence, and planning in advance how to respond. More recently, there is growing interest in the broader concept of organisational resilience which includes planning for crisis but also considers traits that lead to organisational adaptability and ability to thrive despite adverse circumstances. In this paper we examine the policy frameworks1 within New Zealand that influence the resilience of small and medium sized businesses (SMEs). The first part of the paper focuses on the New Zealand context, including the prevailing political and economic ideologies, the general nature of New Zealand SMEs and the nature of New Zealand’s hazard environment. The paper then goes on to outline the key policy frameworks in place relevant to SMEs and hazards. The final part of the paper examines the way the preexisting policy environment influenced the response of SMEs and Government following the Canterbury earthquakes.
This study followed two similarly affected, but socio-economically disparate suburbs as residents responded to and attempted to recover from the devastating 6.3 magnitude earthquake that struck Christchurch, New Zealand, on February 22, 2011. More specifically, it focuses on the role of local churches, community-based organisations (CBOs) and non-governmental organisations (NGOs), here referred to broadly as civil society, in meeting the immediate needs of local residents and assisting with the longer-term recovery of each neighbourhood. Despite considerable socioeconomic differences between the two neighbourhoods, civil society in both suburbs has been vital in addressing the needs of locals in the short and long term following the earthquake. Institutions were able to utilise local knowledge of both residents and the extent of damage in the area to a) provide a swifter local response than government or civil defence and then help direct the relief these agencies provided locally; b) set up central points for distribution of supplies and information where locals would naturally gather; c) take action on what were perceived to be unmet needs; and d) act as a way of bridging locals to a variety of material, informational, and emotional resources. However the findings also support literature which indicates that other factors are also important in understanding neighbourhood recovery and the role of civil society, including: local leadership; a shared, place-based identity; the type and form of civil society organizations; social capital; and neighbourhood- and household-level indicators of relative vulnerability and inequality. The intertwining of these various factors seems to influence how these neighbourhoods have coped with and taken steps in recovering from this disaster. It is recommended that future research be directed at developing a better understanding of how this occurs. It is suggested that a model similar to Yasui’s (2007) Community Vulnerability and Capacity model be developed as a useful way to approach future research in this area.
The Canterbury region of New Zealand experienced a sequence of strong earthquakes during 2010-2011. Responses included government acquisition of many thousands of residential properties in the city of Christchurch in areas with severe earthquake effects. A large and contiguous tract of this ‘red zoned’ land lies in close proximity to the Ōtākaro / Avon River and is known as the Avon-Ōtākaro Red Zone (AORZ). The focus of this study was to provide an overview of the floodplain characteristics of the AORZ and review of international experience in ecological restoration of similar river margin and floodplain ecosystems to extract restoration principles and associated learnings. Compared to pre-earthquake ground levels, the dominant trend in the AORZ is subsidence, together with lateral movement especially in the vicinity of waterway. An important consequence of land subsidence in the lower Ōtākaro / Avon River is greater exposure to flooding and the effects of sea level rise. Scenario modelling for sea level rise indicates that much of the AORZ is exposed to inundation within a 100 year planning horizon based on a 1 m sea level rise. As with decisions on built infrastructure, investments in nature-based ‘green infrastructure’ also require a sound business case including attention to risks posed by climate change. Future-proofing of the expected benefits of ecological restoration must therefore be secured by design. Understanding and managing the hydrology and floodplain dynamics are vital to the future of the AORZ. However, these characteristics are shared by other floodplain and river restoration projects worldwide. Identifying successful approaches provides a useful a source of useful information for floodplain planning in the AORZ. This report presents results from a comparative case study of three international examples to identify relevant principles for large-scale floodplain management at coastal lowland sites.
Abstract. Natural (e.g., earthquake, flood, wildfires) and human-made (e.g., terrorism, civil strife) disasters are inevitable, can cause extensive disruption, and produce chronic and disabling psychological injuries leading to formal diagnoses (e.g., post-traumatic stress disorder [PTSD]). Following natural disasters of earthquake (Christchurch, Aotearoa/New Zealand, 2010–11) and flood (Calgary, Canada, 2013), controlled research showed statistically and clinically significant reductions in psychological distress for survivors who consumed minerals and vitamins (micronutrients) in the following months. Following a mass shooting in Christchurch (March 15, 2019), where a gunman entered mosques during Friday prayers and killed and injured many people, micronutrients were offered to survivors as a clinical service based on translational science principles and adapted to be culturally appropriate. In this first translational science study in the area of nutrition and disasters, clinical results were reported for 24 clients who completed the Impact of Event Scale – Revised (IES-R), the Depression Anxiety Stress Scales (DASS), and the Modified-Clinical Global Impression (M-CGI-I). The findings clearly replicated prior controlled research. The IES-R Cohen’s d ESs were 1.1 (earthquake), 1.2 (flood), and 1.13 (massacre). Effect sizes (ESs) for the DASS subscales were also consistently positive across all three events. The M-CGI-I identified 58% of the survivors as “responders” (i.e., self-reported as “much” to “very much” improved), in line with those reported in the earthquake (42%) and flood (57%) randomized controlled trials, and PTSD risk reduced from 75% to 17%. Given ease of use and large ESs, this evidence supports the routine use of micronutrients by disaster survivors as part of governmental response.
The 2010 and 2011 earthquakes in the region of Canterbury, New Zealand caused widespread damage and the deaths of 185 people. Suburbs on the eastern side of Christchurch and in the satellite town of Kaiapoi, 20 kilometres north of Christchurch, were badly damaged by liquefaction. The Canterbury Earthquake Recovery Authority (CERA), a government organisation set up in the wake of the earthquakes, began to systematically zone all residential land in 2011. Based on the possibility for land remediation, 7860 houses in Christchurch and Kaiapoi were zoned red. Those who were in this zone were compensated and had to buy or build elsewhere. The other zone examined within this research – that of TC3 – lies within the green zone. Residents, in this zone, were able to stay in their houses but land was moderately damaged and required site-specific geotechnical investigations. This research sought to understand how residents’ senses of home were impacted by a disaster and the response efforts. Focusing on the TC3 and red zone of the eastern suburbs and the satellite town of Kaiapoi, this study interviewed 29 residents within these zones. The concept of home was explored with the respondents at three scales: home as a household; home as a community; and home as a city. There was a large amount of resistance to the zoning process and the handling of claims by insurance companies and the Earthquake Commission (EQC) after the earthquakes. Lack of transparency and communication, as well as extremely slow timelines were all documented as failings of these agencies. This research seeks to understand how participant’s sense of home changed on an individual level and how it was impacted by outside agencies. Homemaking techniques were also focused on showing that a changed sense of home will impact on how a person interacts with a space.
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
The increase of the world's population located near areas prone to natural disasters has given rise to new ‘mega risks’; the rebuild after disasters will test the governments’ capabilities to provide appropriate responses to protect the people and businesses. During the aftermath of the Christchurch earthquakes (2010-2012) that destroyed much of the inner city, the government of New Zealand set up a new partnership between the public and private sector to rebuild the city’s infrastructure. The new alliance, called SCIRT, used traditional risk management methods in the many construction projects. And, in hindsight, this was seen as one of the causes for some of the unanticipated problems. This study investigated the risk management practices in the post-disaster recovery to produce a specific risk management model that can be used effectively during future post-disaster situations. The aim was to develop a risk management guideline for more integrated risk management and fill the gap that arises when the traditional risk management framework is used in post-disaster situations. The study used the SCIRT alliance as a case study. The findings of the study are based on time and financial data from 100 rebuild projects, and from surveying and interviewing risk management professionals connected to the infrastructure recovery programme. The study focussed on post-disaster risk management in construction as a whole. It took into consideration the changes that happened to the people, the work and the environment due to the disaster. System thinking, and system dynamics techniques have been used due to the complexity of the recovery and to minimise the effect of unforeseen consequences. Based on an extensive literature review, the following methods were used to produce the model. The analytical hierarchical process and the relative importance index have been used to identify the critical risks inside the recovery project. System theory methods and quantitative graph theory have been used to investigate the dynamics of risks between the different management levels. Qualitative comparative analysis has been used to explore the critical success factors. And finally, causal loop diagrams combined with the grounded theory approach has been used to develop the model itself. The study identified that inexperienced staff, low management competency, poor communication, scope uncertainty, and non-alignment of the timing of strategic decisions with schedule demands, were the key risk factors in recovery projects. Among the critical risk groups, it was found that at a strategic management level, financial risks attracted the highest level of interest, as the client needs to secure funding. At both alliance-management and alliance-execution levels, the safety and environmental risks were given top priority due to a combination of high levels of emotional, reputational and media stresses. Risks arising from a lack of resources combined with the high volume of work and the concern that the cost could go out of control, alongside the aforementioned funding issues encouraged the client to create the recovery alliance model with large reputable construction organisations to lock in the recovery cost, at a time when the scope was still uncertain. This study found that building trust between all parties, clearer communication and a constant interactive flow of information, established a more working environment. Competent and clear allocation of risk management responsibilities, cultural shift, risk prioritisation, and staff training were crucial factors. Finally, the post-disaster risk management (PDRM) model can be described as an integrated risk management model that considers how the changes which happened to the environment, the people and their work, caused them to think differently to ease the complexity of the recovery projects. The model should be used as a guideline for recovery systems, especially after an earthquake, looking in detail at all the attributes and the concepts, which influence the risk management for more effective PDRM. The PDRM model is represented in Causal Loops Diagrams (CLD) in Figure 8.31 and based on 10 principles (Figure 8.32) and 26 concepts (Table 8.1) with its attributes.
Capacity design and hierarchy of strength philosophies at the base of modern seismic codes allow inelastic response in case of severe earthquakes and thus, in most traditional systems, damage develops at well-defined locations of reinforced concrete (RC) structures, known as plastic hinges. The 2010 and 2011 Christchurch earthquakes have demonstrated that this philosophy worked as expected. Plastic hinges formed in beams, in coupling beams and at the base of columns and walls. Structures were damaged permanently, but did not collapse. The 2010 and 2011 Christchurch earthquakes also highlighted a critical issue: the reparability of damaged buildings. No methodologies or techniques were available to estimate the level of subsequent earthquakes that RC buildings could still sustain before collapse. No repair techniques capable of restoring the initial condition of buildings were known. Finally, the cost-effectiveness of an eventual repair intervention, when compared with a new building, was unknown. These aspects, added to nuances of New Zealand building owners’ insurance coverage, encouraged the demolition of many buildings. Moreover, there was a perceived strong demand from government and industry to develop techniques for assessing damage to steel reinforcement bars embedded in cracked structural concrete elements. The most common questions were: “Have the steel bars been damaged in correspondence to the concrete cracks?”, “How much plastic deformation have the steel bars undergone?”, and “What is the residual strain capacity of the damaged bars?” Minimally invasive techniques capable of quantifying the level and extent of plastic deformation and residual strain capacity are not yet available. Although some studies had been recently conducted, a validated method is yet to be widely accepted. In this thesis, a least-invasive method for the damage-assessment of steel reinforcement is developed. Based on the information obtained from hardness testing and a single tensile test, it is possible to estimate the mechanical properties of earthquake-damaged rebars. The reduction in the low-cycle fatigue life due to strain ageing is also quantified. The proposed damage assessment methodology is based on empirical relationships between hardness and strain and residual strain capacity. If damage is suspected from in situ measurements, visual inspection or computer analysis, a bar may be removed and more accurate hardness measurements can be obtained using the lab-based Vickers hardness methodology. The Vickers hardness profile of damaged bars is then compared with calibration curves (Vickers hardness versus strain and residual strain capacity) previously developed for similar steel reinforcement bars extracted from undamaged locations. Experimental tests demonstrated that the time- and temperature-dependent strain-ageing phenomenon causes changes in the mechanical properties of plastically deformed steels. In particular, yield strength and hardness increases, whereas ductility decreases. The changes in mechanical properties are quantified and their implications on the hardness method are highlighted. Low-cycle fatigue (LCF) failures of steel reinforcing bars have been observed in laboratory testing and post-earthquake damage inspections. Often, failure might not occur during a first seismic event. However, damage is accumulated and the remaining fatigue life is reduced. Failure might therefore occur in a subsequent seismic event. Although numerous studies exist on the LCF behaviour of steel rebars, no studies had been conducted on the strain-ageing effects on the remaining fatigue life. In this thesis, the reduction in fatigue life due to this phenomenon is determined through a number of experimental tests.
