This paper presents the preliminary conclusions of the first stage of Wellington Case Study project (Regulating For Resilience in an Earthquake Vulnerable City) being undertaken by the Disaster Law Research Group at the University of Canterbury Law School. This research aims to map the current regulatory environment around improving the seismic resilience of the urban built environment. This work provides the basis for the second stage of the project which will map the regulatory tools onto the reality of the current building stock in Wellington. Using a socio-legal methodology, the current research examines the regulatory framework around seismic resilience for existing buildings in New Zealand, with a particularly focus on multi-storey in the Wellington CBD. The work focusses both on the operation and impact of the formal seismic regulatory tools open to public regulators (under the amended Building Act) as other non-seismic regulatory tools. As well as examining the formal regulatory frame, the work also provides an assessment of the interactions between other non-building acts (such as Health and Safety at Work Act 2015) on the requirements of seismic resilience. Other soft-law developments (particularly around informal building standards) are also examined. The final output of this work will presents this regulatory map in a clear and easily accessible manner and provide an assessment of the suitability of this at times confusing and patchy legal environment as Wellington moves towards becoming a resilient city. The final conclusion of this work will be used to specifically examine the ability of Wellington to make this transition under the current regulatory environment as phase two of the Wellington Case Study project.
This paper discusses the seismic performance of the standard RC office building in Christchurch that is given as a structural design example in NZS3101, the concrete structures seismic standard in New Zealand. Firstly the push-over analysis was carried out to evaluate the lateral load carrying capacity of the RC building and then to compare that carrying capacity with the Japanese standard law. The estimated figures showed that the carrying capacity of the New Zealand standard RC office building of NZS3101:2006 was about one third of Japanese demanded carrying capacity. Secondly, time history analysis of the multi-mass system was performed to estimate the maximum response story drift angle using recorded ground motions. Finally, a three-dimensional analysis was carried out to estimate the response of the building to the 22nd February, 2011 Canterbury earthquake. The following outcomes were obtained. 1) The fundamental period of the example RC building is more than twice that of Japanese simplified calculation, 2) The example building’s maximum storey drift angle reached 2.5% under the recorded ground motions. The main purpose of this work is to provide background information of seismic design practice for the reconstruction of Christchurch.
The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
When disasters and crises, both man-made and natural, occur, resilient higher education institutions adapt in order to continue teaching and research. This may necessitate the closure of the whole institution, a building and/or other essential infrastructure. In disasters of large scale the impact can be felt for many years. There is an increasing recognition of the need for disaster planning to restructure educational institutions so that they become more resilient to challenges including natural disasters (Seville, Hawker, & Lyttle, 2012).The University of Canterbury (UC) was affected by seismic events that resulted in the closure of the University in September 2010 for 10 days and two weeks at the start of the 2011 academic year This case study research describes ways in which e-learning was deployed and developed by the University to continue and even to improve learning and teaching in the aftermath of a series of earthquakes in 2010 and 2011. A qualitative intrinsic embedded/nested single case study design was chosen for the study. The population was the management, support staff and educators at the University of Canterbury. Participants were recruited with purposive sampling using a snowball strategy where the early key participants were encouraged to recommend further participants. Four sources of data were identified: (1) documents such as policy, reports and guidelines; (2) emails from leaders of the colleges and academics; (3) communications from senior management team posted on the university website during and after the seismic activity of 2010 and 2011; and (4) semi-structured interviews of academics, support staff and members of senior management team. A series of inductive descriptive content analyses identified a number of themes in the data. The Technology Acceptance Model 2 (Venkatesh & Davis, 2000) and the Indicator of Resilience Model (Resilient Organisations, 2012) were used for additional analyses of each of the three cases. Within the University case, the cases of two contrasting Colleges were embedded to produce a total of three case studies describing e-learning from 2000 - 2014. One contrast was the extent of e-learning deployment at the colleges: The College of Education was a leader in the field, while the College of Business and Law had relatively little e-learning at the time of the first earthquake in September 2010. The following six themes emerged from the analyses: Communication about crises, IT infrastructure, Availability of e-learning technologies, Support in the use of e-learning technologies, Timing of crises in academic year and Strategic planning for e-learning. One of the findings confirmed earlier research that communication to members of an organisation and the general public about crises and the recovery from crises is important. The use of communication channels, which students were familiar with and already using, aided the dissemination of the information that UC would be using e-learning as one of the options to complete the academic year. It was also found that e-learning tools were invaluable during the crises and facilitated teaching and learning whilst freeing limited campus space for essential activities and that IT infrastructure was essential to e-learning. The range of e-learning tools and their deployment evolved over the years influenced by repeated crises and facilitated by the availability of centrally located support from the e-Learning support team for a limited set of tools, as well as more localised support and collaboration with colleagues. Furthermore, the reasons and/or rate of e-learning adoption in an educational institution during crises varied with the time of the academic year and the needs of the institution at the time. The duration of the crises also affected the adoption of e-learning. Finally, UC’s lack of an explicit e-learning strategy influenced the two colleges to develop college-specific e-learning plans and those College plans complemented the incorporation of e-learning for the first time in the University’s teaching and learning strategy in 2013. Twelve out of the 13 indicators of the Indicators of Resilience Model were found in the data collected for the study and could be explained using the model; it revealed that UC has become more resilient with e-learning in the aftermath of the seismic activities in 2010 and 2011. The interpretation of the results using TAM2 demonstrated that the adoption of technologies during crises aided in overcoming barriers to learning at the time of the crisis. The recommendations from this study are that in times of crises, educational institutions take advantage of Cloud computing to communicate with members of the institution and stakeholders. Also, that the architecture of a university’s IT infrastructure be made more resilient by increasing redundancy, backup and security, centralisation and Cloud computing. In addition, when under stress it is recommended that new tools are only introduced when they are essential.
