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.
This report provides an initial overview and gap analysis of the multi-hazards interactions that might affect fluvial and pluvial flooding (FPF) hazard in the Ōpāwaho Heathcote catchment. As per the terms of reference, this report focuses on a one-way analysis of the potential effects of multi-hazards on FPF hazard, as opposed to a more complex multi-way analysis of interactions between all hazards. We examined the relationship between FPF hazard and hazards associated with the phenomena of tsunamis; coastal erosion; coastal inundation; groundwater; earthquakes; and mass movements. Tsunamis: Modelling research indicates the worst-case tsunami scenarios potentially affecting the Ōpāwaho Heathcote catchment are far field. Under low probability, high impact tsunami scenarios waves could travel into Pegasus Bay and the Avon-Heathcote Estuary Ihutai, reaching the mouth and lower reaches of the Heathcote catchment and river, potentially inundating and eroding shorelines in sub-catchments 1 to 5, and temporarily blocking fluvial drainage more extensively. Any flooding infrastructure or management actions implemented in the area of tsunami inundation would ideally be resilient to tsunami-induced inundation and erosion. Model results currently available are a first estimate of potential tsunami inundation under contemporary sea and land level conditions. In terms of future large tsunami events, these models likely underestimate effects in riverside sub-catchments, as well as effects under future sea level, shoreline and other conditions. Also of significance when considering different FPF management structures, it is important to be mindful that certain types of flood structures can ‘trap’ inundating water coming from ocean directions, leading to longer flood durations and salinization issues. Coastal erosion: Model predictions indicate that sub-catchments 1 to 3 could potentially be affected by coastal erosion by the timescale of 2065, with sub-catchments 1-6 predicted to be potentially affected by coastal erosion by the time scale of 2115. In addition, the predicted open coast effects of this hazard should not be ignored since any significant changes in the New Brighton Spit open coast would affect erosion rates and exposure of the landward estuary margins, including the shorelines of the Ōpāwaho Heathcote catchment. Any FPF flooding infrastructure or management activities planned for the potentially affected sub-catchments needs to recognise the possibility of coastal erosion, and to have a planned response to the predicted potential shoreline translation. Coastal inundation: Model predictions indicate coastal inundation hazards could potentially affect sub-catchments 1 to 8 by 2065, with a greater area and depth of inundation possible for these same sub-catchments by 2115. Low-lying areas of the Ōpāwaho Heathcote catchment and river channel that discharge into the estuary are highly vulnerable to coastal inundation since elevated ocean and estuary water levels can block the drainage of inland systems, compounding FPF hazards. Coastal inundation can overwhelm stormwater and other drainage network components, and render river dredging options ineffective at best, flood enhancing at worst. A distinction can be made between coastal inundation and coastal erosion in terms of the potential impacts on affected land and assets, including flood infrastructure, and the implications for acceptance, adaptation, mitigation, and/or modification options. That is, responding to inundation could include structural and/or building elevation solutions, since unlike erosion, inundation does not necessarily mean the loss of land. Groundwater: Groundwater levels are of significant but variable concern when examining flooding hazards and management options in the Ōpāwaho Heathcote catchment due to variability in soils, topographies, elevations and proximities to riverine and estuarine surface waterbodies. Much of the Canterbury Plains part of the Ōpāwaho Heathcote catchment has a water table that is at a median depth of <1m from the surface (with actual depth below surface varying seasonally, inter-annually and during extreme meteorological events), though the water table depth rapidly shifts to >6m below the surface in the upper Plains part of the catchment (sub-catchments 13 to 15). Parts of Waltham/Linwood (sub-catchments 5 & 6) and Spreydon (sub-catchment 10) have extensive areas with a particularly high water table, as do sub-catchments 18, 19 and 20 south of the river. In all of the sub-catchments where groundwater depth below surface is shallow, it is necessary to be mindful of cascading effects on liquefaction hazard during earthquake events, including earthquake-induced drainage network and stormwater infrastructure damage. In turn, subsidence induced by liquefaction and other earthquake processes during the CES directly affected groundwater depth below surface across large parts of the central Ōpāwaho Heathcote catchment. The estuary margin of the catchment also faces increasing future challenges with sea level rise, which has the potential to elevate groundwater levels in these areas, compounding existing liquefaction and other earthquake associated multi-hazards. Any increases in subsurface runoff due to drainage system, development or climate changes are also of concern for the loess covered hill slopes due to the potential to enhance mass movement hazards. Earthquakes: Earthquake associated vertical ground displacement and liquefaction have historically affected, or are in future predicted to affect, all Ōpāwaho Heathcote sub-catchments. During the CES, these phenomena induced a significant cascades of changes in the city’s drainage systems, including: extensive vertical displacement and liquefaction induced damage to stormwater ‘greyware’, reducing functionality of the stormwater system; damage to the wastewater system which temporarily lowered groundwater levels and increased stormwater drainage via the wastewater network on the one hand, creating a pollution multi-hazard for FPF on the other hand; liquefaction and vertical displacement induced river channel changes affected drainage capacities; subsidence induced losses in soakage and infiltration capacities; changes occurred in topographic drainage conductivity; estuary subsidence (mainly around the Ōtākaro Avon rivermouth) increased both FPF and coastal inundation hazards; estuary bed uplift (severe around the Ōpāwaho Heathcote margins), reduced tidal prisms and increased bed friction, producing an overall reduction the waterbody’s capacity to efficiently flush catchment floodwaters to sea; and changes in estuarine and riverine ecosystems. All such possible effects need to be considered when evaluating present and future capacities of the Ōpāwaho Heathcote catchment FPF management systems. These phenomena are particularly of concern in the Ōpāwaho Heathcote catchment since stormwater networks must deal with constraints imposed by stream and river channels (past and present), estuarine shorelines and complex hill topography. Mass movements: Mass movements are primarily a risk in the Port Hills areas of the Ōpāwaho Heathcote catchment (sub-catchments 1, 2, 7, 9, 11, 16, 21), though there are one or two small but susceptible areas on the banks of the Ōpāwaho Heathcote River. Mass movements in the form of rockfalls and debris flows occurred on the Port Hills during the CES, resulting in building damage, fatalities and evacuations. Evidence has also been found of earthquake-triggered tunnel gully collapsesin all Port Hill Valleys. Follow-on effects of these mass movements are likely to occur in major future FPF and other hazard events. Of note, elevated groundwater levels, coastal inundation, earthquakes (including liquefaction and other effects), and mass movement exhibit the most extensive levels of multi-hazard interaction with FPF hazard. Further, all of the analysed multi-hazard interactions except earthquakes were found to consistently produce increases in the FPF hazard. The implications of these analyses are that multihazard interactions generally enhance the FPF hazard in the Ōpāwaho Heathcote catchment. Hence, management plans which exclude adjustments for multi-hazard interactions are likely to underestimate the FPF hazard in numerous different ways. In conclusion, although only a one-way analysis of the potential effects of selected multi-hazards on FPF hazard, this review highlights that the Ōpāwaho Heathcote catchment is an inherently multi- hazard prone environment. The implications of the interactions and process linkages revealed in this report are that several significant multi-hazard influences and process interactions must be taken into account in order to design a resilient FPF hazard management strategy.
Despite their good performance in terms of their design objectives, many modern code-prescriptive buildings built in Christchurch, New Zealand had to be razed after the 2010-2011 Canterbury earthquakes because repairs were deemed too costly due to widespread sacrificial damage. Clearly a more effective design paradigm is needed to create more resilient structures. Rocking, post-tensioned connections with supplemental energy dissipation can contribute to a damage avoidance designs (DAD). However, few have achieved all three key design objectives of damage-resistant rocking, inherent recentering ability, and repeatable, damage-free energy dissipation for all cycles, which together offer a response which is independent of loading history. Results of experimental tests are presented for a near full-scale rocking beam-column sub-assemblage. A matrix of test results is presented for the system under varying levels of posttensioning, with and without supplemental dampers. Importantly, this parametric study delineates each contribution to response. Practical limitations on posttensioning are identified: a minimum to ensure static structural re-centering, and a maximum to ensure deformability without threadbar yielding. Good agreement between a mechanistic model and experimental results over all parameters and inputs indicates the model is robust and accurate for design. The overall results indicate that it is possible to create a DAD connection where the non-linear force-deformation response is loading history independent and repeatable over numerous loading cycles, without damage, creating the opportunity for the design and implementation of highly resilient structures.
Sewerage systems convey sewage, or wastewater, from residential or commercial buildings through complex reticulation networks to treatment plants. During seismic events both transient ground motion and permanent ground deformation can induce physical damage to sewerage system components, limiting or impeding the operability of the whole system. The malfunction of municipal sewerage systems can result in the pollution of nearby waterways through discharge of untreated sewage, pose a public health threat by preventing the use of appropriate sanitation facilities, and cause serious inconvenience for rescuers and residents. Christchurch, the second largest city in New Zealand, was seriously affected by the Canterbury Earthquake Sequence (CES) in 2010-2011. The CES imposed widespread damage to the Christchurch sewerage system (CSS), causing a significant loss of functionality and serviceability to the system. The Christchurch City Council (CCC) relied heavily on temporary sewerage services for several months following the CES. The temporary services were supported by use of chemical and portable toilets to supplement the damaged wastewater system. The rebuild delivery agency -Stronger Christchurch Infrastructure Rebuild Team (SCIRT) was created to be responsible for repair of 85 % of the damaged horizontal infrastructure (i.e., water, wastewater, stormwater systems, and roads) in Christchurch. Numerous initiatives to create platforms/tools aiming to, on the one hand, support the understanding, management and mitigation of seismic risk for infrastructure prior to disasters, and on the other hand, to support the decision-making for post-disaster reconstruction and recovery, have been promoted worldwide. Despite this, the CES in New Zealand highlighted that none of the existing platforms/tools are either accessible and/or readable or usable by emergency managers and decision makers for restoring the CSS. Furthermore, the majority of existing tools have a sole focus on the engineering perspective, while the holistic process of formulating recovery decisions is based on system-wide approach, where a variety of factors in addition to technical considerations are involved. Lastly, there is a paucity of studies focused on the tools and frameworks for supporting decision-making specifically on sewerage system restoration after earthquakes. This thesis develops a decision support framework for sewerage pipe and system restoration after earthquakes, building on the experience and learning of the organisations involved in recovering the CSS following the CES in 2010-2011. The proposed decision support framework includes three modules: 1) Physical Damage Module (PDM); 2) Functional Impact Module (FIM); 3) Pipeline Restoration Module (PRM). The PDM provides seismic fragility matrices and functions for sewer gravity and pressure pipelines for predicting earthquake-induced physical damage, categorised by pipe materials and liquefaction zones. The FIM demonstrates a set of performance indicators that are categorised in five domains: structural, hydraulic, environmental, social and economic domains. These performance indicators are used to assess loss of wastewater system service and the induced functional impacts in three different phases: emergency response, short-term recovery and long-term restoration. Based on the knowledge of the physical and functional status-quo of the sewerage systems post-earthquake captured through the PDM and FIM, the PRM estimates restoration time of sewer networks by use of restoration models developed using a Random Forest technique and graphically represented in terms of restoration curves. The development of a decision support framework for sewer recovery after earthquakes enables decision makers to assess physical damage, evaluate functional impacts relating to hydraulic, environmental, structural, economic and social contexts, and to predict restoration time of sewerage systems. Furthermore, the decision support framework can be potentially employed to underpin system maintenance and upgrade by guiding system rehabilitation and to monitor system behaviours during business-as-usual time. In conjunction with expert judgement and best practices, this framework can be moreover applied to assist asset managers in targeting the inclusion of system resilience as part of asset maintenance programmes.
