This study is a qualitative investigation into the decision-making behaviour of commercial property owners (investors and developers) who are rebuilding in a city centre after a major disaster. In 2010/2011, Christchurch, the largest city in the South Island of New Zealand, was a site of numerous earthquakes. The stronger earthquakes destroyed many buildings and public infrastructure in the commercial inner city. As a result, affected property owners lost all or most of their buildings, a significant proportion of which were old and in the last phase of their life span. They had to negotiate pay-outs with insurance companies and decide, once paid out, whether they should rebuild in Christchurch or sell up and invest elsewhere. The clear majority of those who decided to reinvest in and rebuild the city are ‘locals’, almost all of whom had no prior experience of property development. Thus, in a post-disaster environment, most of these property owners have transitioned from being just being passive investors to active property developers. Their experience was interpreted using primary data gathered from in-depth and semi-structured interviews with twenty-one “informed property people” who included commercial property owners; property agents or consultants; representatives of public-sector agencies and financial institutions. The study findings showed that the decision-making behaviour of property investors and developers rebuilding after a major disaster did not necessarily follow a strict financial or profit motive as prescribed in the mainstream or neo-classical economics property literature. Rather, their decision-making behaviour has been largely shaped by emotional connections and external factors associated with their immediate environment. The theoretical proposition emerging from this study is that after a major disaster, local urban property owners are faced with two choices “to stay” or “to go”. Those who decide to stay and rebuild are typically very committed individuals who have a feeling of ownership, belonging and attachment to the city in which they live and work. These are people who will often take the lead in commercial property development, proactively making decisions and seeking positive investment outcomes for themselves which in turn result in revitalised commercial urban precincts.
Case study unreinforced masonry (URM) buildings that were seismically retrofitted prior to the 2010/11 Canterbury earthquake sequence and exhibited successful performance during these earthquakes are presented herein. Selected buildings were divided into the following categories based on size and complexity: (1) simple, single storey box type buildings (i.e. electrical substations), (2) common and simple commercial buildings, and (3) large and complex clay brick and stone URM buildings. The retrofitted case study URM buildings were evaluated based on overall structural seismic performance as well as the categories of initial seismic design, heritage preservation, architectural appeal, and cost. Detailed observations of 4 representative case study buildings and a summary of findings are reported herein. http://db.nzsee.org.nz/2017/Orals.htm
Test results are presented for wall-diaphragm plate anchor connections that were axially loaded to rupture. These connection samples were extracted post-earthquake by sorting through the demolition debris from unreinforced masonry (URM) buildings damaged in the Christchurch earthquakes. Unfortunately the number of samples available for testing was small due to the difficulties associated with sample collection in an environment of continuing aftershocks and extensive demolition activity, when personal safety combined with commercial activity involving large demolition machinery were imperatives that inhibited more extensive sample collection for research purposes. Nevertheless, the presented data is expected to be of assistance to structural engineers undertaking seismic assessment of URM buildings that have existing wall-diaphragm anchor plate connections installed, where it may be necessary to estimate the capacity of the existing connection as an important parameter linked with determining the current seismic capacity of the building and therefore influencing the decision regarding whether supplementary connections should be installed.
During the 2010/2011 Canterbury earthquakes, Reinforced Concrete Frame with Masonry Infill (RCFMI) buildings were subjected to significant lateral loads. A survey conducted by Christchurch City Council (CCC) and the Canterbury Earthquake Recovery Authority (CERA) documented 10,777 damaged buildings, which included building characteristics (building address, the number of storeys, the year of construction, and building use) and post-earthquake damage observations (building safety information, observed damage, level of damage, and current state of the buildings). This data was merged into the Canterbury Earthquake Building Assessment (CEBA) database and was utilised to generate empirical fragility curves using the lognormal distribution method. The proposed fragility curves were expected to provide a reliable estimation of the mean vulnerability for commercial RCFMI buildings in the region. http://www.13thcms.com/wp-content/uploads/2017/05/Symposium-Info-and-Presentation-Schedule.pdf VoR - Version of Record
On 14 November 2016 a magnitude Mw 7.8 earthquake struck the upper South Island of New Zealand with effects also being observed in the capital city, Wellington. The affected area has low population density but is the largest wine production region in New Zealand and also hosts the main national highway and railway routes connecting the country’s three largest cities of Auckland, Wellington and Christchurch, with Marlborough Port in Picton providing connection between the South and North Islands. These transport facilities sustained substantial earthquake related damage, causing major disruptions. Thousands of landslides and multiple new faults were counted in the area. The winery facilities and a large number of commercial buildings and building components (including brick masonry veneers, historic masonry construction, and chimneys), sustained damage due to the strong vertical and horizontal acceleration. Presented herein are field observations undertaken the day immediately after the earthquake, with the aim to document earthquake damage and assess access to the affected area.
This paper shows an understanding of the availability of resources in post-disaster reconstruction and recovery in Christchurch, New Zealand following its September 4, 2010 and February 22, 2011 earthquakes. Overseas experience in recovery demonstrates how delays and additional costs may incur if the availability of resources is not aligned with the reconstruction needs. In the case of reconstruction following Christchurch earthquakes, access to normal resource levels will be insufficient. An on-line questionnaire survey, combined with in-depth interviews was used to collect data from the construction professionals that had been participated in the post-earthquake reconstruction. The study identified the resources that are subject to short supply and resourcing challenges that are currently faced by the construction industry. There was a varied degree of impacts felt by the surveyed organisations from resource shortages. Resource pressures were primarily concentrated on human resources associated with structural, architectural and land issues. The challenges that may continue playing out in the longer-term reconstruction of Christchurch include limited capacity of the construction industry, competition for skills among residential, infrastructure and commercial sectors, and uncertainties with respect to decision making. Findings provide implications informing the ongoing recovery and rebuild in New Zealand. http://www.iiirr.ucalgary.ca/Conference-2012
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 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
