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Research papers, University of Canterbury Library

In the wake of the Canterbury earthquakes, one of the biggest threats to our heritage buildings is the risk of earthquakes and the associated drive to strengthen or demolish buildings. Can Small Town NZ balance the requirements of the EQPB legislation and economic realities of their places? The government’s priority is on safety of building occupants and citizens in the streets. However, maintaining and strengthening privately-owned heritage buildings is often cost prohibitive. Hence, heritage regulation has frequently been perceived as interfering with private property rights, especially when heritage buildings occupy a special place in the community becoming an important place for people (i.e. public benefits are larger than private). We investigate several case studies where building owners have been given green light to demolish heritage listed buildings to make way for modern developments. In two of the case studies developers provided evidence of unaffordable strengthening costs. A new trend that has emerged is a voluntary offer of contributing to an incentive fund to assist with heritage preservation of other buildings. This is a unique example where private owners offer incentives (via council controlled organisations) instead of it being purely the domain of the central or local governments.

Research papers, University of Canterbury Library

In response to the February 2011 earthquake, Parliament enacted the Canterbury Earthquake Recovery Act. This emergency legislation provided the executive with extreme powers that extended well beyond the initial emergency response and into the recovery phase. Although New Zealand has the Civil Defence Emergency Management Act 2002, it was unable to cope with the scale and intensity of the Canterbury earthquake sequence. Considering the well-known geological risk facing the Wellington region, this paper will consider whether a standalone “Disaster Recovery Act” should be established to separate an emergency and its response from the recovery phase. Currently, Government policy is to respond reactively to a disaster rather than proactively. In a major event, this typically involves the executive being given the ability to make rules, regulations and policy without the delay or oversight of normal legislative process. In the first part of this paper, I will canvas what a “Disaster Recovery Act” could prescribe and why there is a need to separate recovery from emergency. Secondly, I will consider the shortfalls in the current civil defence recovery framework which necessitates this kind of heavy governmental response after a disaster. In the final section, I will examine how