This article is a critical commentary of how political documentary embodies the traits and functions of alternative journalism. I explore this notion through Obrero (‘worker’) my independent documentary project about the labour migration of Filipino workers to Christchurch, Aotearoa New Zealand, after the earthquake in 2011. This article maps out the points at where the theories and practices of alternative media and documentary intersect. Analysing political documentary as a format of alternative journalism has links to the long tradition of film and video production as a tool for social critique. As a form of practice-based research, Obrero falls under the rubric of alternative journalism—able to represent the politically marginal sectors of the polity and report on issues underreported in the mainstream press. This article concludes that a distribution plan that is responsive to fragmenting audiences works best when alternative journalism no longer targets a niche but transborder audiences.
The author followed five primary (elementary) schools over three years as they responded to and began to recover from the 2010–2011 earthquakes in and around the city of Christchurch in the Canterbury region of New Zealand. The purpose was to capture the stories for the schools themselves, their communities, and for New Zealand’s historical records. From the wider study, data from the qualitative interviews highlighted themes such as children’s responses or the changing roles of principals and teachers. The theme discussed in this article, however, is the role that schools played in the provision of facilities and services to meet (a) physical needs (food, water, shelter, and safety); and (b) emotional, social, and psychological needs (communication, emotional support, psychological counseling, and social cohesion)—both for themselves and their wider communities. The role schools played is examined across the immediate, short-, medium-, and long-term response periods before being discussed through a social bonding theoretical lens. The article concludes by recommending stronger engagement with schools when considering disaster policy, planning, and preparation http://www.schoolcommunitynetwork.org/SCJ.aspx
Whole document is available to authenticated members of The University of Auckland until Feb. 2014. The increasing scale of losses from earthquake disasters has reinforced the need for property owners to become proactive in seismic risk reduction programs. However, despite advancement in seismic design methods and legislative frameworks, building owners are often reluctant to adopt mitigation measures required to reduce earthquake losses. The magnitude of building collapses from the recent Christchurch earthquakes in New Zealand shows that owners of earthquake prone buildings (EPBs) are not adopting appropriate risk mitigation measures in their buildings. Owners of EPBs are found unwilling or lack motivation to adopt adequate mitigation measures that will reduce their vulnerability to seismic risks. This research investigates how to increase the likelihood of building owners undertaking appropriate mitigation actions that will reduce their vulnerability to earthquake disaster. A sequential two-phase mixed methods approach was adopted for the research investigation. Multiple case studies approach was adopted in the first qualitative phase, followed by the second quantitative research phase that includes the development and testing of a framework. The research findings reveal four categories of critical obstacles to building owners‘ decision to adopt earthquake loss prevention measures. These obstacles include perception, sociological, economic and institutional impediments. Intrinsic and extrinsic interventions are proposed as incentives for overcoming these barriers. The intrinsic motivators include using information communication networks such as mass media, policy entrepreneurs and community engagement in risk mitigation. Extrinsic motivators comprise the use of four groups of incentives namely; financial, regulatory, technological and property market incentives. These intrinsic and extrinsic interventions are essential for enhancing property owners‘ decisions to voluntarily adopt appropriate earthquake mitigation measures. The study concludes by providing specific recommendations that earthquake risk mitigation managers, city councils and stakeholders involved in risk mitigation in New Zealand and other seismic risk vulnerable countries could consider in earthquake risk management. Local authorities could adopt the framework developed in this study to demonstrate a combination of incentives and motivators that yield best-valued outcomes. Consequently, actions can be more specific and outcomes more effective. The implementation of these recommendations could offer greater reasons for the stakeholders and public to invest in building New Zealand‘s built environment resilience to earthquake disasters.
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
