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.
In 2010 and 2011, Aotearoa New Zealand was hit by a number of major disasters involving loss of human life and severe disruption to social, ecological and economic wellbeing. The Pike River mine explosions were closely followed by a sequence of major earthquakes in Christchurch, seismic events that have permanently altered the lives of thousands of people in our third largest city, the closure of the central business district and the effective abandonment of whole residential areas. In early October 2011, the ship, Rena, grounded on a reef off the port of Tauranga and threatened a major oil spill throughout the Bay of Plenty, where local communities with spiritual and cultural connections to the land depend on sea food as well as thrive on tourism. The Council for Social Work Education Aotearoa New Zealand (CSWEANZ), representing all the Schools of Social Work in New Zealand, held a ‘Disaster Curriculum’ day in November 2011, at which social workers and Civil Defence leaders involved in the Christchurch earthquakes, the Rena Disaster, Fiji floods and the Boxing Day tsunami presented their narrative experience of disaster response and recovery. Workshops discussed and identified core elements that participants considered vital to a social work curriculum that would enable social work graduates in a range of community and cultural settings to respond in safe, creative and informed ways. We present our core ideas for a social work disaster curriculum and consider a wide range of educational content based on existing knowledge bases and new content within a disaster framework. http://www.swsd-stockholm-2012.org/
Reinforced concrete buildings that satisfied modern seismic design criteria generally behaved as expected during the recent Canterbury and Kaikoura earthquakes in New Zealand, forming plastic hinges in intended locations. While this meant that life-safety performance objectives were met, widespread demolition and heavy economic losses took place in the aftermath of the earthquakes.The Christchurch central business district was particularly hard hit, with over 60% of the multistorey reinforced concrete buildings being demolished. A lack of knowledge on the post-earthquake residual capacity of reinforced concrete buildings was a contributing factor to the mass demolition.Many aspects related to the assessment of earthquake-damaged reinforced concrete buildings require further research. This thesis focusses on improving the state of knowledge on the post earthquakeresidual capacity and reparability of moderately damaged plastic hinges, with an emphasis on plastic hinges typical of modern moment frame structures. The repair method focussed on is epoxy injection of cracks and patching of spalled concrete. A targeted test program on seventeen nominally identical large-scale ductile reinforced concrete beams, three of which were repaired by epoxy injection following initial damaging loadings, was conducted to support these objectives. Test variables included the loading protocol, the loading rate, and the level of restraint to axial elongation.The information that can be gleaned from post-earthquake damage surveys is investigated. It is shown that residual crack widths are dependent on residual deformations, and are not necessarily indicative of the maximum rotation demands or the plastic hinge residual capacity. The implications of various other types of damage typical of beam and column plastic hinges are also discussed.Experimental data are used to demonstrate that the strength and deformation capacity of plastic hinges with modern seismic detailing are often unreduced as a result of moderate earthquake induced damage, albeit with certain exceptions. Special attention is given to the effects of prior yielding of the longitudinal reinforcement, accounting for the low-cycle fatigue and strain ageing phenomena. A material-level testing program on the low-cycle fatigue behaviour of grade 300E reinforcing steel was conducted to supplement the data available in the literature.A reduction in stiffness, relative to the initial secant stiffness to yield, occurs due to moderate plastic hinging damage. This reduction in stiffness is shown to be correlated with the ductility demand,and a proposed model gives a conservative lower-bound estimate of the residual stiffness following an arbitrary earthquake-type loading. Repair by epoxy injection is shown to be effective in restoring the majority of stiffness to plastic hinges in beams. Epoxy injection is also shown to have implications for the residual strength and elongation characteristics of repaired plastic hinges.
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
