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Research papers, The University of Auckland Library

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

Research papers, The University of Auckland Library

Eccentrically Braced Frames (EBFs) are a widely used seismic resisting structural steel system. Since their inception in the late 1970s, they have been a viable option with an available stiffness that is between simple braced systems and moment resisting systems. A similar concept, the linked column frame (LCF), uses shear links between two closely spaced columns. In both cases, the key component is the active link or the shear link, and this component is the objective of this study. The performance of high rise EBF buildings in the 2010 and 2011 Christchurch earthquakes was beyond that which was expected, especially considering the very high accelerations recorded. As the concrete high-rises were torn down, two EBF buildings remained standing and only required some structural repair. These events prompted a renewed interest in bolted shear links, as well as their performance. While some research into replaceable shear links had already been done (Mansour, 2011), the objectives of this study were to improve on the shear link itself, with the consideration that links built in the future are likely to be bolted. The main components of this study were to: 1. Reduce or eliminate the requirements for intermediate web stiffeners, as they were suspected of being detrimental to performance. Furthermore, any reduction in stiffening requirements is a direct fabrication cost saving. Links with low web aspect ratios were found to achieve exceptional ductilities when no stiffeners were included, prompting new design equations. 2. Ensure that the stresses in the ends of links are adequately transferred into the endplates without causing fractures. Although most of the experimental links had web doubler plates included, four had varied lengths of such doubler plates from 0.0 in. to 8.0 in. The link without any doubler plates performed to a similar level to its peers, and thus it is likely that links with quality end details may not need web doubler plates at all. 3. Evaluate the performance of a link with double sided stiffeners without the use of web welds, as opposed to conventional single sided, welded stiffeners. This link performed well, and web-weld-less double sided stiffeners may be an economical alternative to conventional stiffeners for deeper sections of links. 4. Evaluate the performance of a link with thin endplates that are made efficient with the use of gusset plates. This link performed to an acceptable level and provides evidence for a cost effective alternative to thick endplates, especially considering the high overstrength end moments in links, typically requiring 16-bolt connections. 5. Examine the potential use of an alternative EBF arrangement where the collector beam is over sized, and the link section is formed by cutting out parts of the beam's web. After running a series of finite element models each with a unique variation, a number of approximate design rules were derived such that future research could develop this idea further experimentally. 6. Ensure that during testing, the secondary elements (members that are not the shear link), do not yield and are not close to yielding. None of the instrumented elements experienced any unexpected yielding, however the concerns for high stresses in the collector beam panel zone during design were warranted. The use of an existing New Zealand design equation is recommended as an extra check for design codes worldwide. The above objectives were mainly conducted experimentally, except: the data set for item 1 was greatly expanded through the use of a calibrated numerical model which was then used in an extensive parametric study; item 5 was purely finite element based; and, a small parametric study was included for item 3 in an attempt to expand on the trends found there.

Research papers, The University of Auckland Library

Five years after the devastating series of earthquakes in Christchurch, New Zealand, the structural engineering community is now focussing on low damage design by either proactively reducing the possibility of significant damage to primary steel members (i.e. developing seismic resisting systems that will deliver a high damage threshold in severe earthquakes) or by improved detailing of the primary steel members for rapid replacement. This paper presents a development of Eccentrically Braced Frames (EBFs) with replaceable active links. It uses the bolted flange- and web splicing concept to connect the active link to the collector beam or column. Finite element analyses have been performed to investigate the behaviour and reliability of EBFs with this new type replaceable active link. The results show a stable hysteretic behaviour and more significantly easier replacement of the damaged active link in comparison with conventional EBFs.

Research papers, The University of Auckland Library

Many large-scale earthquakes all over the world have highlighted the impact of soil liquefaction to the built environment, but the scale of liquefaction-induced damage experienced in Christchurch and surrounding areas following the 2010-2011 Canterbury earthquake sequence (CES) was unparalleled, especially in terms of impact to an urban area. The short time interval between the large earthquakes presented a very rare occasion to examine liquefaction mechanism in natural deposits. The re-liquefaction experienced by the city highlighted the high liquefaction susceptibility of soil deposits in Christchurch, and presented a very challenging problem not only to the local residents but to the geotechnical engineering profession. This paper summarises the lessons learned from CES, and the impacts of the observations made to the current practice of liquefaction assessment and mitigation.