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Research papers, University of Canterbury Library

The greater Wellington region, New Zealand, is highly vulnerable to large earthquakes. While attention has been paid to the consequences of earthquake damage to road, electricity and water supply networks, the consequences of wastewater network damage for public health, environmental health and habitability of homes remain largely unknown for Wellington City. The Canterbury and Kaikōura earthquakes have highlighted the vulnerability of sewerage systems to disruption during a disaster. Management of human waste is one of the critical components of disaster planning to reduce faecal-oral transmission of disease and exposure to disease-bearing vectors. In Canterbury and Kaikōura, emergency sanitation involved a combination of Port-a-loos, chemical toilets and backyard long-drops. While many lessons may be learned from experiences in Canterbury earthquakes, it is important to note that isolation is likely to be a much greater factor for Wellington households, compared to Christchurch, due to the potential for widespread landslides in hill suburbs affecting road access. This in turn implies that human waste may have to be managed onsite, as options such as chemical toilets and Port-a-loos rely completely on road access for delivering chemicals and collecting waste. While some progress has been made on options such as emergency composting toilets, significant knowledge gaps remain on how to safely manage waste onsite. In order to bridge these gaps, laboratory tests will be conducted through the second half of 2019 to assess the pathogen die-off rates in the composting toilet system with variables being the type of carbon bulking material and the addition of a Bokashi composting activator.

Research papers, Victoria University of Wellington

<b>Ōtautahi-Christchurch faces the future in an enviable position. Compared to other New Zealand cities Christchurch has lower housing costs, less congestion, and a brand-new central city emerging from the rubble of the 2011 earthquakes. ‘Room to Breathe: designing a framework for medium density housing (MDH) in Ōtautahi-Christchurch’ seeks to answer the timely question how can medium density housing assist Ōtautahi-Christchurch to respond to growth in a way that supports a well-functioning urban environment? Using research by design, the argument is made that MDH can be used to support a safe, accessible, and connected urban environment that fosters community, while retaining a level of privacy. This is achieved through designing a neighbourhood concept addressing 3 morphological scales- macro- the city; meso- the neighbourhood; and micro- the home and street. The scales are used to inform a design framework for MDH specific to Ōtautahi-Christchurch, presenting a typological concept that takes full advantage of the benefits higher density living has to offer.</b> Room to Breathe proposes repurposing underutilised areas surrounding existing mass transit infrastructure to provide a concentrated populous who do not solely rely on private vehicles for transport. By considering all morphological scales Room to Breathe provides one suggestion on how MDH could become accepted as part of a well-functioning urban environment.

Research papers, The University of Auckland Library

Following the 2010/2011 Canterbury earthquakes a detailed campaign of door to door assessments was conducted in a variety of areas of Christchurch to establish the earthquake performance of residential dwellings having masonry veneer as an external cladding attached to a lightweight timber framing system. Specifically, care was taken to include regions of Christchurch which experienced different levels of earthquake shaking in order to allow comparison between the performance of different systems and different shaking intensities. At the time of the inspections the buildings in the Christchurch region had been repeatedly subjected to large earthquakes, presenting an opportunity for insight into the seismic performance of masonry veneer cladding. In total just under 1100 residential dwellings were inspected throughout the wider Christchurch area, of which 24% were constructed using the older nail-on veneer tie system (prior to 1996) and 76% were constructed using screw fixed ties to comply with the new 1996 standards revision (post-1996), with 30% of all inspected houses being of two storey construction. Of the inspected dwellings 27% had some evidence of liquefaction, ground settlement or lateral spreading. Data such as damage level, damage type, crack widths, level of repair required and other parameters were collected during the survey. A description of the data collection processes and a snapshot of the analysis results are presented within. http://15ibmac.com/home/

Research papers, The University of Auckland Library

Following the 22 February 2011 Christchurch earthquake a comprehensive damage survey of the unreinforced masonry (URM) building stock of Christchurch city, New Zealand was undertaken. Because of the large number of aftershocks associated with both the 2011 Christchurch earthquake and the earlier 4 September 2010 Darfield earthquake, and the close proximity of their epicentres to Christchurch city, this earthquake sequence presented a unique opportunity to assess the performance of URM buildings and the various strengthening methods used in New Zealand to increase the performance of these buildings in earthquakes. Because of the extent of data that was collected, a decision was made to initially focus exclusively on the earthquake performance of URM buildings located in the central business district (CBD) of Christchurch city. The main objectives of the data collection exercise were to document building characteristics and any seismic strengthening methods encountered, and correlate these attributes with observed earthquake damage. In total 370 URM buildings in the CBD were surveyed. Of the surveyed buildings, 62% of all URM buildings had received some form of earthquake strengthening and there was clear evidence that installed earthquake strengthening techniques in general had led to reduced damage levels. The procedure used to collect and process information associated with earthquake damage, general analysis and interpretation of the available survey data for the 370 URM buildings, the performance of earthquake strengthening techniques, and the influence of earthquake strengthening levels on observed damage are reported within. http://15ibmac.com/home/

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