I want to talk a bit about a media project that I started work on over the summer, which is part of a larger project the Faculty of Law at Canterbury is carrying out, investigating the many legal issues that have arisen from the earthquakes.
Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.
The 2010–2011 Canterbury earthquakes and their aftermath have been described by the Human Rights Commission as one of New Zealand's greatest contemporary human rights challenges. This article documents the shortcomings in the realisation of the right to housing in post-quake Canterbury for homeowners, tenants and the homeless. The article then considers what these shortcomings tell us about New Zealand's overall human rights framework, suggesting that the ongoing and seemingly intractable nature of these issues and the apparent inability to resolve them indicate an underlying fragility implicit in New Zealand's framework for dealing with the consequences of a large-scale natural disaster. The article concludes that there is a need for a comprehensive human rights-based approach to disaster preparedness, response and recovery in New Zealand.
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.