This thesis focuses on the role of legal preparedness for managing large-scale urban disasters in Aotearoa New Zealand. It uses the Auckland Volcanic Field as a case study to answer the question: ‘is New Zealand’s current legal framework prepared to respond to and recover from a large-scale urban disaster?’. The Auckland Volcanic Field was chosen as the main case study because a future eruption is a low likelihood, high-impact event that New Zealand is going to have to manage in the future. Case studies are a key feature of this thesis as both New Zealand based and overseas examples are used to explore the role of legal preparedness by identifying and investigating a range of legal issues that need to be addressed in advance of a future Auckland Volcanic Field eruption. Of particular interest is the impact of legal preparedness for the recovery phase. The New Zealand case studies include; Canterbury earthquake sequence 2010-2011, the Kaikōura earthquake 2016, the Auckland flooding 2018, and the North Island Severe Weather event 2023, which encompasses both the Auckland Anniversary weekend flooding and Cyclone Gabrielle. As New Zealand has not experienced a large-scale urban volcanic eruption, overseas examples are explored to provide insights into the legal issues that are volcano specific. The overseas volcanic case studies cover eruptions in Heimaey (Iceland), the Soufrière Hills (Montserrat and the Grenadines), La Soufrière (St Vincent) and Tungurahua (Ecuador). New Zealand’s past experiences highlight a trend for introducing post-event legal frameworks to manage recovery. Consequently, the current disaster management system is not prioritising legal preparedness and instead is choosing to rely on exceptional powers. Unsurprisingly, the introduction of new post-event recovery frameworks has repercussions. In New Zealand, new post-event legal frameworks are introduced swiftly under urgency, they contain broad unstructured decision-making powers, and are often flawed. As these exceptional new frameworks sit outside the ‘normal’ legal frameworks, they in effect create a parallel “shadow system”. Based on the evidence explored in this thesis it does not appear that Auckland’s current disaster management framework is prepared to deal with a large-scale urban event caused by an Auckland Volcanic Field eruption. Following this conclusion, it is the submission of this thesis that New Zealand’s current legal framework is not prepared to respond to and recover from a large-scale urban disaster. To become legally prepared, New Zealand needs to consider the legal tools required to manage large-scale urban disasters in advance. This will prevent the creation of a legal vacuum in the aftermath of disasters and the need for new recovery frameworks. Adopting a new attitude will require a change in approach towards legal preparedness which prioritises it, rather than sidelining it. This may also require changes within New Zealand’s disaster management system including the introduction of a formal monitoring mechanism, which will support and prioritise legal preparedness. This thesis has shown that not legally preparing for future disasters is a choice which carries significant consequences. None of these consequences are inevitable when managing large-scale disasters, however they are inevitable when frameworks are not legally prepared in advance. To not legally prepare, is to prepare to fail and thus create a disaster by choice.
I want to talk a bit about a media project that I started work on over the summer, which is part of a larger project the Faculty of Law at Canterbury is carrying out, investigating the many legal issues that have arisen from the earthquakes.
Though rare and unpredictable, earthquakes can and do cause catastrophic destruction when they impact unprepared and vulnerable communities. Extensive damage and failure of vulnerable buildings is a key factor which contributes to seismic-related disasters, making the proactive management of these buildings a necessity to reduce the risk of future disasters arising. The devastating Canterbury earthquakes of 2010 and 2011 brought the urgency of this issue to national importance in New Zealand. The national earthquake-prone building framework came into effect in 2017, obligating authorities to identify existing buildings with the greatest risk of collapse in strong earthquakes and for building owners to strengthen or demolish these buildings within a designated period of time. Though this framework is unique to New Zealand, the challenge of managing the seismic risk of such buildings is common amongst all seismically-active countries. Therefore, looking outward to examine how other jurisdictions legally manage this challenge is useful for reflecting on the approaches taken in New Zealand and understand potential lessons which could be adopted. This research compares the legal framework used to reduce the seismic risk of existing buildings in New Zealand with that of the similarly earthquake-prone countries of Japan and Italy. These legal frameworks are examined with a particular focus on the proactive goal of reducing risk and improving resilience, as is the goal of the international Sendai Framework for Disaster Risk Reduction 2015-2030. The Sendai Framework, which each of the case study countries have committed to and thus have obligations under, forms the legal basis of the need for states to reduce disaster risk in their jurisdictions. In particular, the states’ legal frameworks for existing building risk reduction are examined in the context of the Sendai priorities of understanding disaster risk, strengthening disaster risk governance, and investing in resilience. While this research illustrates that the case study countries have each adopted more proactive risk reduction frameworks in recent years in anticipation of future earthquakes, the frameworks currently focus on a very narrow range of existing buildings and thus are not currently sufficient for promoting the long-term resilience of building stocks. In order to improve resilience, it is argued, legal frameworks need to include a broader range of buildings subject to seismic risk reduction obligations and also to broaden the focus on long-term monitoring of potential risk to buildings.
Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.
The 2010–2011 Canterbury earthquakes and their aftermath have been described by the Human Rights Commission as one of New Zealand's greatest contemporary human rights challenges. This article documents the shortcomings in the realisation of the right to housing in post-quake Canterbury for homeowners, tenants and the homeless. The article then considers what these shortcomings tell us about New Zealand's overall human rights framework, suggesting that the ongoing and seemingly intractable nature of these issues and the apparent inability to resolve them indicate an underlying fragility implicit in New Zealand's framework for dealing with the consequences of a large-scale natural disaster. The article concludes that there is a need for a comprehensive human rights-based approach to disaster preparedness, response and recovery in New Zealand.
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
Earthquakes impacting on the built environment can generate significant volumes of waste, often overwhelming existing waste management capacities. Earthquake waste can pose a public and environmental health hazard and can become a road block on the road to recovery. Specific research has been developed at the University of Canterbury to go beyond the current perception of disaster waste as a logistical hurdle, to a realisation that disaster waste management is part of the overall recovery process and can be planned for effectively. Disaster waste decision-makers, often constrained by inappropriate institutional frameworks, are faced with conflicting social, economic and environmental drivers which all impact on the overall recovery. Framed around L’Aquila earthquake, Italy, 2009, this paper discusses the social, economic and environmental effects of earthquake waste management and the impact of existing institutional frameworks (legal, financial and organisational). The paper concludes by discussing how to plan for earthquake waste management.
The timeliness and quality of recovery activities are impacted by the organisation and human resourcing of the physical works. This research addresses the suitability of different resourcing strategies on post-disaster demolition and debris management programmes. This qualitative analysis primarily draws on five international case studies including 2010 Canterbury earthquake, 2009 L’Aquila earthquake, 2009 Samoan Tsunami, 2009 Victorian Bushfires and 2005 Hurricane Katrina. The implementation strategies are divided into two categories: collectively and individually facilitated works. The impacts of the implementation strategies chosen are assessed for all disaster waste management activities including demolition, waste collection, transportation, treatment and waste disposal. The impacts assessed include: timeliness, completeness of projects; and environmental, economic and social impacts. Generally, the case studies demonstrate that detritus waste removal and debris from major repair work is managed at an individual property level. Debris collection, demolition and disposal are generally and most effectively carried out as a collective activity. However, implementation strategies are affected by contextual factors (such as funding and legal constraints) and the nature of the disaster waste (degree of hazardous waste, geographical spread of waste etc.) and need to be designed accordingly. Community involvement in recovery activities such as demolition and debris removal is shown to contribute positively to psychosocial recovery.
Mr Wayne Tobeck, Director of Southrim Group (SRG), sponsored this 2013 MEM Project titled; A Technical and Economic Feasibility Study for the Integration of GSHP Technology in the Christchurch Rebuild. Following the recent Christchurch earthquakes, a significant amount of land has become too unstable to support traditional building foundations. This creates an opportunity to implement new and unique foundation designs previously unconsidered due to high costs compared to traditional methods. One such design proposes that an Injection Micro-Piling technique could be used. This can also be coupled with HVAC technology to create a Ground Source Heat Pump (GSHP) arrangement in both new buildings and as retrofits for building requiring foundation repair. The purpose of this study was to complete a feasibility study on the merits of SRG pursuing this proposed product. A significant market for such a product was found to exist, while the product was also found to be technically and legally feasible. However, the proposed product was found to not be economically feasible with respect to Air Source Heat Pumps due to the significantly higher capital and installation costs required. Further analysis suggests GSHPs may become more economically attractive in operating temperatures lower than -9oC, though the existence of markets with this climate in NZ has not been studied. It is therefore suggested that SRG do not proceed with plans to develop a GSHP coupled foundation solution for the Christchurch rebuild.
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.
The 2010–2011 Canterbury earthquakes, which involved widespread damage during the February 2011 event and ongoing aftershocks near the Christchurch Central Business District, left this community with more than $NZD 40 billion in losses (~20 % GDP), demolition of approximately 60 % of multi-storey concrete buildings (3 storeys and up), and closure of the core business district for over 2 years. The aftermath of the earthquake sequence has revealed unique issues and complexities for the owners of commercial and multi-storey residential buildings in relation to unexpected technical, legal, and financial challenges when making decisions regarding the future of their buildings impacted by the earthquakes. The paper presents a framework to understand the factors influencing post-earthquake decisions (repair or demolish) on multi-storey concrete buildings in Christchurch. The study, conducted in 2014, includes in-depth investigations on 15 case-study buildings using 27 semi-structured interviews with various property owners, property managers, insurers, engineers, and government authorities in New Zealand. The interviews revealed insights regarding the multitude of factors influencing post-earthquake decisions and losses. As expected, the level of damage and repairability (cost to repair) generally dictated the course of action. There is strong evidence, however, that other variables have significantly influenced the decision on a number of buildings, such as insurance, business strategies, perception of risks, building regulations (and compliance costs), and government decisions. The decision-making process for each building is complex and unique, not solely driven by structural damage. Furthermore, the findings have put the spotlight on insurance policy wordings and the paradoxical effect of insurance on the recovery of Christchurch, leading to other challenges and issues going forward.
Coastal margins are exposed to rising sea levels that present challenging circumstances for natural resource management. This study investigates a rare example of tectonic displacement caused by earthquakes that generated rapid sea-level change in a tidal lagoon system typical of many worldwide. This thesis begins by evaluating the coastal squeeze effects caused by interactions between relative sea-level (RSL) rise and the built environment of Christchurch, New Zealand, and also examples of release from similar effects in areas of uplift where land reclamations were already present. Quantification of area gains and losses demonstrated the importance of natural lagoon expansion into areas of suitable elevation under conditions of RSL rise and showed that they may be necessary to offset coastal squeeze losses experienced elsewhere. Implications of these spatial effects include the need to provide accommodation space for natural ecosystems under RSL rise, yet other land-uses are likely to be present in the areas required. Consequently, the resilience of these environments depends on facilitating transitions between human land-uses either proactively or in response to disaster events. Principles illustrated by co-seismic sea-level change are generally applicable to climate change adaptation due to the similarity of inundation effects. Furthermore, they highlight the potential role of non-climatic factors in determining the overall trajectory of change. Chapter 2 quantifies impacts on riparian wetland ecosystems over an eight year period post- quake. Coastal wetlands were overwhelmed by RSL rise and recovery trajectories were surprisingly slow. Four risk factors were identified from the observed changes: 1) the encroachment of anthropogenic land-uses, 2) connectivity losses between areas of suitable elevation, 3) the disproportionate effect of larger wetland vulnerabilities, and 4) the need to protect new areas to address the future movement of ecosystems. Chapter 3 evaluates the unique context of shoreline management on a barrier sandspit under sea-level rise. A linked scenario approach was used to evaluate changes on the open coast and estuarine shorelines simultaneously and consider combined effects. The results show dune loss from a third of the study area using a sea-level rise scenario of 1 m over 100 years and with continuation of current land-uses. Increased exposure to natural hazards and accompanying demand for seawalls is a likely consequence unless natural alternatives can be progressed. In contrast, an example of managed retreat following earthquake-induced subsidence of the backshore presents a new opportunity to restart saltmarsh accretion processes seaward of coastal defences with the potential to reverse decades of degradation and build sea-level rise resilience. Considering both shorelines simultaneously highlights the existence of pinch-points from opposing forces that result in small land volumes above the tidal range. Societal adaptation is delicately poised between the paradigms of resisting or accommodating nature and challenged by the long perimeter and confined nature of the sandspit feature. The remaining chapters address the potential for salinity effects caused by tidal prism changes with a focus on the conservation of īnanga (Galaxias maculatus), a culturally important fish that supports New Zealand‘s whitebait fishery. Methodologies were developed to test the hypothesis that RSL changes would drive a shift in the distribution of spawning sites with implications for their management. Chapter 4 describes a new practical methodology for quantifying the total productivity and spatiotemporal variability of spawning sites at catchment scale. Chapter 5 describes the novel use of artificial habitats as a detection tools to help overcome field survey limitations in degraded environments where egg mortality can be high. The results showed that RSL changes resulted in major shifts in spawning locations and these were associated with new patterns of vulnerability due to the continuation of pre-disturbance land-uses. Unexpected findings includes an improved understanding of the spatial relationship between salinity and spawning habitat, and identification of an invasive plant species as important spawning habitat, both with practical management implications. To conclude, the design of legal protection mechanisms was evaluated in relation to the observed habitat shifts and with a focus on two new planning initiatives that identified relatively large protected areas (PAs) in the lower river corridors. Although the larger PAs were better able to accommodate the observed habitat shifts inefficiencies were also apparent due to spatial disparities between PA boundaries and the values requiring protection. To reduce unnecessary trade-offs with other land-uses, PAs of sufficient size to cover the observable spatiotemporal variability and coupled with adaptive capacity to address future change may offer a high effectiveness from a network of smaller PAs. The latter may be informed by both monitoring and modelling of future shifts and these are expected to include upstream habitat migration driven by the identified salinity relationships and eustatic sea-level rise. The thesis concludes with a summary of the knowledge gained from this research that can assist the development of a new paradigm of environmental sustainability incorporating conservation and climate change adaptation. Several promising directions for future research identified within this project are also discussed.
