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.
There has not been substantial research conducted in the area of fraud and natural disasters. Therefore, this study sought to examine the perceptions of Canterbury residents toward the recovery process following the September 2010 and February 2011 earthquakes and whether residents felt as though contractor fraud occurs in Canterbury. A questionnaire was developed to gauge information about Canterbury residents’ self-reports involving the earthquakes, specific contractors involved, parties involved with the recovery process in general, and demographic information. Participants included a total of 213 residents from the Canterbury region who had been involved with contractors and/or insurance companies due to the recovery process. Results indicated that a high percentage of the participants were not satisfied with the recovery process and that almost half of the participants reported feeling scammed by contractors in Canterbury after the 2010 and 2011 earthquakes. Moreover, the results indicate that participants neither agreed with the assessments made about their property losses nor the plans made to recover their properties. In many cases, participants felt pressured and even reluctant to accept these assessments and/or plans. The present study does not seek to explain why contractor fraud exists or what motivates scammers. Conversely, it attempts to demonstrate the perceptions of contractor fraud and satisfaction that have taken place in the aftermath of the Canterbury earthquakes.
Social media have changed disaster response and recovery in the way people inform themselves, provide community support and make sense of unfolding and past events online. During the Canterbury earthquakes of 2010 and 2011 social media platforms such as Facebook and Twitter became part of the story of the quakes in the region, as well as a basis for ongoing public engagement during the rebuild efforts in Christchurch. While a variety of research has been conducted on the use of social media in disaster situations (Bruns & Burgess, 2012; Potts, Seitzinger, Jones, & Harrison, 2011; Shklovski, Palen, & Sutton, 2008), studies about their uses in long-term disaster recovery and across different platforms are underrepresented. This research analyses networked practices of sensemaking around the Canterbury earthquakes over the course of disaster response, recovery and rebuild, focussing on Facebook and Twitter. Following a mixed methodological design data was gathered in interviews with people who started local Facebook pages, and through digital media methods of data collection and computational analysis of public Facebook pages and a historical Twitter dataset gathered around eight different earthquake-related events between 2010 and 2013. Data is further analysed through discursive and narrative tools of inquiry. This research sheds light on communication practices in the drawn-out process of disaster recovery on the ground in connecting different modes of discourse. Examining the ongoing negotiation of networked identities through technologically mediated social practices during Canterbury’s rebuild, the connection between online environments and the city of Christchurch, as a physical place, is unpacked. This research subsequently develops a new methodology to study social media platforms and provide new and detailed information on both the communication practices in issue-based online publics and the ongoing negotiation of the impact of the Canterbury earthquakes through networked digital means.
