The Canterbury earthquakes of 2010 and 2011 generated hundreds of thousands of insurance claims, many of which were disputed. The New Zealand justice system faced the same challenge encountered by other jurisdictions following a natural disaster: how to resolve these disputes quickly and at minimal cost but also fairly, to avoid compounding the disaster with injustice? The thesis is of this article is that although the earthquakes were catastrophic for New Zealand, they also created a unique opportunity to design an innovative civil justice process—the Christchurch High Court Earthquake List—and to test, over a relatively short timeframe, how well that process works. This article describes the Christchurch High Court Earthquake List and analyses it by reference to civil justice theory about the relative normative values of public adjudication and private settlement and the dialogic relationship between them. It then evaluates the List, using statistics available five years on from the earthquakes and by reference to the author’s own experience mediating earthquake disputes.
Though generally considered “natural” disasters, cyclones and earthquakes are increasingly being associated with human activities, incubated through urban settlement patterns and the long-term redistribution of natural resources. As society is becoming more urbanized, the risk of human exposure to disasters is also rising. Architecture often reflects the state of society’s health: architectural damage is the first visible sign of emergency, and reconstruction is the final response in the process of recovery. An empirical assessment of architectural projects in post-disaster situations can lead to a deeper understanding of urban societies as they try to rebuild. This thesis offers an alternative perspective on urban disasters by looking at the actions and attitudes of disaster professionals through the lens of architecture, situated in recent events: the 2010 Christchurch earthquake, the 2010 Haiti earthquake, and the 2005 Hurricane Katrina. An empirical, multi-hazard, cross-sectional case study methodology was used, employing grounded theory method to build theory, and a critical constructivist strategy to inform the analysis. By taking an interdisciplinary approach to understanding disasters, this thesis positions architecture as a conduit between two divergent approaches to disaster research: the hazards approach, which studies the disaster cycles from a scientific perspective; and the sociological approach, which studies the socially constructed vulnerabilities that result from disasters, and the elements of social change that accompany such events. Few studies to date have attempted to integrate the multi-disciplinary perspectives that can advance our understanding of societal problems in urban disasters. To bridge this gap, this thesis develops what will be referred to as the “Rittelian framework”—based on the work of UC Berkeley’s architecture professor Horst Rittel (1930-1990). The Rittelian framework uses the language of design to transcend the multiple fields of human endeavor to address the “design problems” in disaster research. The processes by which societal problems are addressed following an urban disaster involve input by professionals from multiple fields—including economics, sociology, medicine, and engineering—but the contribution from architecture has been minimal to date. The main impetus for my doctoral thesis has been the assertion that most of the decisions related to reconstruction are made in the early emergency recovery stages where architects are not involved, but architects’ early contribution is vital to the long-term reconstruction of cities. This precipitated in the critical question: “How does the Rittelian framework contribute to the critical design decisions in modern urban disasters?” Comparative research was undertaken in three case studies of recent disasters in New Orleans (2005), Haiti (2010) and Christchurch (2010), by interviewing 51 individuals who were selected on the basis of employing the Rittelian framework in their humanitarian practice. Contextualizing natural disaster research within the robust methodological framework of architecture and the analytical processes of sociology is the basis for evaluating the research proposition that architectural problem solving is of value in addressing the ‘Wicked Problems’ of disasters. This thesis has found that (1) the nuances of the way disaster agents interpret the notion of “building back better” can influence the extent to which architectural professionals contribute in urban disaster recovery, (2) architectural design can be used to facilitate but also impede critical design decisions, and (3) framing disaster research in terms of design decisions can lead to innovation where least expected. This empirical research demonstrates how the Rittelian framework can inform a wider discussion about post-disaster human settlements, and improve our resilience through disaster research.
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
Disasters, either man-made or natural, are characterised by a multiplicity of factors including loss of property, life, environmental degradation, and psychosocial malfunction of the affected community. Although much research has been undertaken on proactive disaster management to help reduce the impacts of natural and man-made disasters, many challenges still remain. In particular, the desire to re-house the affected as quickly as possible can affect long-term recovery if a considered approach is not adopted. Promoting recovery activities, coordination, and information sharing at national and international levels are crucial to avoid duplication. Mannakkara and Wilkinson’s (2014) modified “Build Back Better” (BBB) concept aims for better resilience by incorporating key resilience elements in post-disaster restoration. This research conducted an investigation into the effectiveness of BBB in the recovery process after the 2010–2011 earthquakes in greater Christchurch, New Zealand. The BBB’s impact was assessed in terms of its five key components: built environment, natural environment, social environment, economic environment, and implementation process. This research identified how the modified BBB propositions can assist in disaster risk reduction in the future, and used both qualitative and quantitative data from both the Christchurch and Waimakariri recovery processes. Semi-structured interviews were conducted with key officials from the Christchurch Earthquake Recovery Authority, and city councils, and supplemented by reviewing of the relevant literature. Collecting data from both qualitative and quantitative sources enabled triangulation of the data. The interviewees had directly participated in all phases of the recovery, which helped the researcher gain a clear understanding of the recovery process. The findings led to the identification of best practices from the Christchurch and Waimakariri recovery processes and underlined the effectiveness of the BBB approach for all recovery efforts. This study contributed an assessment tool to aid the measurement of resilience achieved through BBB indicators. This tool provides systematic and structured approach to measure the performance of ongoing recovery.
As damage and loss caused by natural hazards have increased worldwide over the past several decades, it is important for governments and aid agencies to have tools that enable effective post-disaster livelihood recovery to create self-sufficiency for the affected population. This study introduces a framework of critical components that constitute livelihood recovery and the critical factors that lead to people’s livelihood recovery. A comparative case study is employed in this research, combined with questionnaire surveys and interviews with those communities affected by large earthquakes in Lushan, China and in Christchurch and Kaikōura, New Zealand. In Lushan, China, a framework with four livelihood components was established, namely, housing, employment, wellbeing and external assistance. Respondents considered recovery of their housing to be the most essential element for livelihood diversification. External assistance was also rated highly in assisting with their livelihood recovery. Family ties and social connections seemed to have played a larger role than that of government agencies and NGOs. However, the recovery of livelihood cannot be fully achieved without wellbeing aspects being taken into account, and people believed that quality of life and their physical and mental health were essential for livelihood restoration. In Christchurch, New Zealand, the identified livelihood components were validated through in-depth interviews. The results showed that the above framework presenting what constitutes successful livelihood recovery could also be applied in Christchurch. This study also identified the critical factors to affect livelihood recovery following the Lushan and Kaikōura earthquakes, and these include community safety, availability of family support, level of community cohesion, long-term livelihood support, external housing recovery support, level of housing recovery and availability of health and wellbeing support. The framework developed will provide guidance for policy makers and aid agencies to prioritise their strategies and initiatives in assisting people to reinstate their livelihood in a timely manner post-disaster. It will also assist the policy makers and practitioners in China and New Zealand by setting an agenda for preparing for livelihood recovery in non-urgent times so the economic impact and livelihood disruption of those affected can be effectively mitigated.
Critical infrastructure networks are highly relied on by society such that any disruption to service can have major social and economic implications. Furthermore, these networks are becoming increasingly dependent on each other for normal operation such that an outage or asset failure in one system can easily propagate and cascade across others resulting in widespread disruptions in terms of both magnitude and spatial reach. It is the vulnerability of these networks to disruptions and the corresponding complexities in recovery processes which provide direction to this research. This thesis comprises studies contributing to two areas (i) the modelling of national scale in-terdependent infrastructure systems undergoing major disruptions, and (ii) the tracking and quantification of infrastructure network recovery trajectories following major disruptions. Firstly, methods are presented for identifying nationally significant systemic vulnerabilities and incorporating expert knowledge into the quantification of infrastructure interdependency mod-elling and simulation. With application to the interdependent infrastructures networks across New Zealand, the magnitudes and spatial extents of disruption are investigated. Results high-light the importance in considering interdependencies when assessing disruptive risks and vul-nerabilities in disaster planning applications and prioritising investment decisions for enhancing resilience of national networks. Infrastructure dependencies are further studied in the context of recovery from major disruptions through the analysis of curves measuring network functionality over time. Continued studies into the properties of recovery curves across a database of global natural disasters produce statistical models for predicting the trajectory and expected recovery times. Finally, the use of connectivity based metrics for quantifying infrastructure system functionality during recovery are considered with a case study application to the Christchurch Earthquake (February 22, 2011) wastewater network response.
This thesis describes the strategies for earthquake strengthening vintage clay bricks unreinforced masonry (URM) buildings. URM buildings are well known to be vulnerable to damage from earthquake-induced lateral forces that may result in partial or full building collapse. The 2010/2011 Canterbury earthquakes are the most recent destructive natural disaster that resulted in the deaths of 185 people. The earthquake events had drawn people’s attention when URM failure and collapse caused about 39 of the fatality. Despite the poor performance of URM buildings during the 2010/2011 Canterbury earthquakes, a number of successful case study buildings were identified and their details research in-depth. In order to discover the successful seismic retrofitting techniques, two case studies of retrofitted historical buildings located in Christchurch, New Zealand i.e. Orion’s URM substations and an iconic Heritage Hotel (aka Old Government Building) was conducted by investigating and evaluating the earthquake performance of the seismic retrofitting technique applied on the buildings prior to the 2010/2011 Canterbury earthquakes and their performance after the earthquakes sequence. The second part of the research reported in this thesis was directed with the primary aim of developing a cost-effective seismic retrofitting technique with minimal interference to the vintage clay-bricks URM buildings. Two retrofitting techniques, (i) near-surface mounted steel wire rope (NSM-SWR) with further investigation on URM wallettes to get deeper understanding the URM in-plane behaviour, and (ii) FRP anchor are reported in this research thesis.
