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This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard of care, as set out under s 150A of the Crimes Act 1961. The paper then examines failings in s 150A’s current application, arguing that the “major departure” test has created injustices due to its strictly objective nature. Two examples of this are discussed in-depth, Bawa-Garba v R (UK) where a doctor was convicted of grossly negligent manslaughter for the death of her patient; and the decision not to prosecute the negligent engineers of the CTV building which collapsed in the Christchurch earthquake of 2011. The paper discusses three potential resolutions moving forward. It concludes that a more subjective interpretation of the wording of s 150A, which takes account of circumstances excusing or condemning a defendant’s conduct, would prevent future injustices and be a reasonably open interpretation on the wording of s 150A.
For over a decade, an irreplaceable ring laser has been trapped in a cavern 30m below Christchurch port hills. The Carl Zeiss laser was installed in an old World War Two bunker in 1997 until a rockfall after the 2011 Christchurch earthquake sealed the cavern. But now it's been rescued and is fully operational. Professor Jon-Paul Wells is the principal investigator on the ring laser project.
Tonight on The Panel, Wallace Chapman is joined by panellists Ali Jones & Shane Te Pou to discuss No Pay Day - the day that women in Aotearoa effectively begin working for free. Plus the reopening of Christchurch Cathedral. Ali Jones is a communication adviser / writer/Broadcaster/ Christchurch earthquake claims preparer. Shane Te Pou is a former labour party activist and CEO of Mega
Tonight on The Panel, Wallace Chapman is joined by panellists Ali Jones & Shane Te Pou to discuss: President Biden pardoning his son Hunter, and Avian Flu outbreak in Otago and news from the Labour party conference. Ali Jones is a communication adviser / writer/Broadcaster/ Christchurch earthquake claims preparer. Shane Te Pou is a former labour party activist and CEO of Mega
Musical instruments rang out in the Christ Church Cathedral last night for the first time since the Canterbury earthquakes. Anna Sargent was there.
The standard way in which disaster damages are measured involves examining separately the number of fatalities, of injuries, of people otherwise affected, and the financial damage that natural disasters cause. Here, we implement a novel way to aggregate these separate measures of disaster impact and apply it to two recent catastrophic events: the Christchurch (New Zealand) earthquakes and the Greater Bangkok (Thailand) floods of 2011. This new measure, which is similar to the World Health Organization’s calculation of Disability Adjusted Life Years (DALYs) lost from the burden of diseases and injuries, is described in detail in Noy (2014). It allows us to conclude that New Zealand lost 180 thousand lifeyears as a result of the 2011 events, and Thailand lost 2,644 thousand years. In per capita terms, the loss is similar, with both countries losing about 15 days per person due to the 2011 catastrophic events in these two countries. We also compare these events to other potentially similar events.
We examine the role of business interruption insurance in business recovery following the Christchurch earthquake in 2011 in the short- and medium-term. In the short-term analysis, we ask whether insurance increases the likelihood of business survival in the aftermath of a disaster. We find only weak evidence that those firms that had incurred damage, but were covered by business interruption insurance, had higher likelihood of survival post-quake compared with those firms that did not have insurance. This absence of evidence may reflect the high degree of uncertainty in the months following the 2011 earthquake and the multiplicity of severe aftershocks. For the medium-term, our results show a more explicit role for insurance in the aftermath of a disaster. Firms with business interruption insurance have a higher probability of increasing productivity and improved performance following a catastrophe. Furthermore, our results show that those organisations that receive prompt and full payments of their claims have a better recovery, in terms of profitability and a subjective ‘”better off” measure’ than those that had protracted or inadequate claim payments (less than 80% of the claim paid within 2.5 years). Interestingly, the latter group does worse than those organisations that had damage but no insurance coverage. This analysis strongly indicates the importance not only of good insurance coverage, but of an insurance system that also delivers prompt claim payments. As a first paper attempting to empirically identify a causal effect of insurance on business recovery, we also emphasize some caveats to our analysis.
Earthquakes are insured only with public sector involvement in high-income countries where the risk of earthquakes is perceived to be high. The proto-typical examples of this public sector involvement are the public earthquake insurance schemes in California, Japan, and New Zealand (NZ). Each of these insurance programs is structured differently, and the purpose of this paper is to examine these differences using a concrete case-study, the sequence of earthquakes that occurred in the Christchurch, New Zealand, in 2011. This event turned out to have been the most heavily insured earthquake event in history. We examine what would have been the outcome of the earthquakes had the system of insurance in NZ been different. In particular, we focus on the public earthquake insurance programs in California (the California Earthquake Authority - CEA), and in Japan (Japanese Earthquake Reinsurance - JER). Overall, the aggregate cost to the public insurer in NZ was $NZ 11.1 billion in its response to the earthquakes. If a similar-sized disaster event had occurred in Japan and California, homeowners would have received $NZ 2.5 billion and $NZ 1.4 billion from the JER and CEA, respectively. We further describe the spatial and distributive patterns of these different scenarios.
We measure the longer-term effect of a major earthquake on the local economy, using night-time light intensity measured from space, and investigate whether insurance claim payments for damaged residential property affected the local recovery process. We focus on the destructive Christchurch earthquake of 2011 as our case study. In this event more than 95% of residential housing units were covered by insurance, but insurance payments were staggered over 5 years, enabling us to identify their local impact. We find that night-time luminosity can capture the process of recovery and describe the recovery’s determinants. We also find that insurance payments contributed significantly to the process of economic recovery after the earthquake, but delayed payments were less affective and cash settlement of claims were more affective in contributing to local recovery than insurance-managed rebuilding.
We estimate the causal effects of a large unanticipated natural disaster on high schoolers’ university enrolment decisions and subsequent medium-term labour market outcomes. Using national administrative data after a destructive earthquake in New Zealand, we estimate that the disaster raises tertiary education enrolment of recent high school graduates by 6.1 percentage points. The effects are most pronounced for males, students who are academically weak relative to their peers, and students from schools directly damaged by the disaster. As relatively low ability males are overrepresented in sectors of the labour market helped by the earthquake, greater demand for university may stem from permanent changes in deeper behavioural parameters such as risk aversion or time preference, rather than as a coping response to poor economic opportunities.
The timing of large Holocene prehistoric earthquakes is determined by dated surface ruptures and landslides at the edge of the Australia-Pacific plate boundary zone in North Canterbury, New Zealand. Collectively, these data indicate two large (M > 7) earthquakes during the last circa 2500 years, within a newly formed zone of hybrid strike-slip and thrust faulting herein described as the Porter's Pass-to-Amberley Fault Zone (PPAFZ). Two earlier events during the Holocene are also recognized, but the data prior to 2500 years are presumed to be incomplete. A return period of 1300–2000 years between large earthquakes in the PPAFZ is consistent with a late Holocene slip rate of 3–4 mm/yr if each displacement is in the range 4–8 m. Historical seismicity in the PPAFZ is characterized by frequent small and moderate magnitude earthquakes and a seismicity rate that is identical to a region surrounding the structurally mature Hope fault of the Marlborough Fault System farther north. This is despite an order-of-magnitude difference in slip rate between the respective fault zones and considerable differences in the recurrence rate of large earthquakes. The magnitude-frequency distribution in the Hope fault region is in accord with the characteristic earthquake model, whereas the rate of large earthquakes in the PPAFZ is approximated (but over predicted) by the Gutenberg-Richter model. The comparison of these two fault zones demonstrates the importance of the structural maturity of the fault zone in relation to seismicity rates inferred from recent, historical, and paleoseismic data.
This article reports on a study of community attitudes to cruise tourism in Akaroa, New Zealand. An important dimension of this study is the significant rate of growth in cruise arrivals over a short period of time as the result of the 2010/11 Canterbury earthquakes. Data were collected via a postal survey of the Akaroa community, and yielded a response rate of 56.6% (n = 316). The results indicate that despite the recent growth in arrivals, the Akaroa community holds a largely favorable opinion of cruise tourism. Importantly, the impacts identified by respondents were more closely aligned to threats to their identity as a destination, rather than problems with tourism, per se.
Tree mortality is a fundamental process governing forest dynamics, but understanding tree mortality patterns is challenging because large, long-term datasets are required. Describing size-specific mortality patterns can be especially difficult, due to few trees in larger size classes. We used permanent plot data from Nothofagus solandri var. cliffortioides (mountain beech) forest on the eastern slopes of the Southern Alps, New Zealand, where the fates of trees on 250 plots of 0.04 ha were followed, to examine: (1) patterns of size-specific mortality over three consecutive periods spanning 30 years, each characterised by different disturbance, and (2) the strength and direction of neighbourhood crowding effects on sizespecific mortality rates. We found that the size-specific mortality function was U-shaped over the 30-year period as well as within two shorter periods characterised by small-scale pinhole beetle and windthrow disturbance. During a third period, characterised by earthquake disturbance, tree mortality was less size dependent. Small trees (,20 cm in diameter) were more likely to die, in all three periods, if surrounded by a high basal area of larger neighbours, suggesting that sizeasymmetric competition for light was a major cause of mortality. In contrast, large trees ($20 cm in diameter) were more likely to die in the first period if they had few neighbours, indicating that positive crowding effects were sometimes important for survival of large trees. Overall our results suggest that temporal variability in size-specific mortality patterns, and positive interactions between large trees, may sometimes need to be incorporated into models of forest dynamics.
Numerous studies have shown that urban soils can contain elevated concentrations of heavy metals (HMs). Christchurch, New Zealand, is a relatively young city (150 years old) with a population of 390,000. Most soils in Christchurch are sub-urban, with food production in residential gardens a popular activity. Earthquakes in 2010 and 2011 have resulted in the re-zoning of 630 ha of Christchurch, with suggestions that some of this land could be used for community gardens. We aimed to determine the HM concentrations in a selection of suburban gardens in Christchurch as well as in soils identified as being at risk of HM contamination due to hazardous former land uses or nearby activities. Heavy metal concentrations in suburban Christchurch garden soils were higher than normal background soil concentrations. Some 46% of the urban garden samples had Pb concentrations higher than the residential land use national standard of 210 mg kg⁻¹, with the most contaminated soil containing 2615 mg kg⁻¹ Pb. Concentrations of As and Zn exceeded the residential land use national standards (20 mg kg⁻¹ As and 400 mg kg⁻¹ Zn) in 20% of the soils. Older neighbourhoods had significantly higher soil HM concentrations than younger neighbourhoods. Neighbourhoods developed pre-1950s had a mean Pb concentration of 282 mg kg⁻¹ in their garden soils. Soil HM concentrations should be key criteria when determining the future land use of former residential areas that have been demolished because of the earthquakes in 2010 and 2011. Redeveloping these areas as parklands or forests would result in less human HM exposure than agriculture or community gardens where food is produced and bare soil is exposed.
Natural hazards continue to have adverse effects on communities and households worldwide, accelerating research on proactively identifying and enhancing characteristics associated with resilience. Although resilience is often characterized as a return to normal, recent studies of postdisaster recovery have highlighted the ways in which new opportunities can emerge following disruption, challenging the status quo. Conversely, recovery and reconstruction may serve to reinforce preexisting social, institutional, and development pathways. Our understanding of these dynamics is limited however by the small number of practice examples, particularly for rural communities in developed nations. This study uses a social–ecological inventory to document the drivers, pathways, and mechanisms of resilience following a large-magnitude earthquake in Kaikōura, a coastal community in Aotearoa New Zealand. As part of the planning and implementation phase of a multiyear project, we used the tool as the basis for indepth and contextually sensitive analysis of rural resilience. Moreover, the deliberate application of social–ecological inventory was the first step in the research team reengaging with the community following the event. The inventory process provided an opportunity for research partners to share their stories and experiences and develop a shared understanding of changes that had taken place in the community. Results provide empirical insight into reactions to disruptive change associated with disasters. The inventory also informed the design of targeted research collaborations, established a platform for longer-term community engagement, and provides a baseline for assessing longitudinal changes in key resilience-related characteristics and community capacities. Findings suggest the utility of social–ecological inventory goes beyond natural resource management, and that it may be appropriate in a range of contexts where institutional, social, and economic restructuring have developed out of necessity in response to felt or anticipated external stressors.
On 14 November 2016, a magnitude (Mw) 7.8 earthquake struck the small coastal settlement of Kaikōura, Aotearoa-New Zealand. With an economy based on tourism, agriculture, and fishing, Kaikōura was immediately faced with significant logistical, economic, and social challenges caused by damage to critical infrastructure and lifelines, essential to its main industries. Massive landslips cut offroad and rail access, stranding hundreds of tourists, and halting the collection, processing and distribution of agricultural products. At the coast, the seabed rose two metres, limiting harbour-access to high tide, with implications for whale watching tours and commercial fisheries. Throughout the region there was significant damage to homes, businesses, and farmland, leaving owners and residents facing an uncertain future. This paper uses qualitative case study analysis to explore post-quake transformations in a rural context. The aim is to gain insight into the distinctive dynamics of disaster response mechanisms, focusing on two initiatives that have emerged in direct response to the disaster. The first examines the ways in which agriculture, food harvesting, production and distribution are being reimagined with the potential to enhance regional food security. The second examines the rescaling of power in decision-making processes following the disaster, specifically examining the ways in which rural actors are leveraging networks to meet their needs and the consequences of that repositioning on rural (and national) governance arrangements. In these and other ways, the local economy is being revitalised, and regional resilience enhanced through diversification, capitalising not on the disaster but the region's natural, social, and cultural capital. Drawing on insights and experience of local stakeholders, policy- and decision-makers, and community representatives we highlight the diverse ways in which these endeavours are an attempt to create something new, revealing also the barriers which needed to be overcome to reshape local livelihoods. Results reveal that the process of transformation as part of rural recovery must be grounded in the lived reality of local residents and their understanding of place, incorporating and building on regional social, environmental, and economic characteristics. In this, the need to respond rapidly to realise opportunities must be balanced with the community-centric approach, with greater recognition given to the contested nature of the decisions to be made. Insights from the case examples can inform preparedness and recovery planning elsewhere, and provide a rich, real-time example of the ways in which disasters can create opportunities for reimagining resilient futures.
Creativity that is driven by a need for physical or economic survival, which disasters are likely to inspire, raises the question of whether such creativity fits with conventional theories and perspectives of creativity. In this paper we use the opportunity afforded by the 2010-2013 Christchurch, New Zealand earthquakes to follow and assess the creative practices and responses of a number of groups and individuals. We use in-depth interviews to tease out motivations and read these against a range of theoretical propositions about creativity. In particular, we focus on the construct of “elite panic” and the degree to which this appeared to be evident in the Christchurch earthquakes context. Bureaucratic attempts to control or limit creativity were present but they did not produce a completely blanket dampening effect. Certain individuals and groups seemed to be pre-equipped to navigate or ignore potential blocks to creativity. We argue, using Geir Kaufmann’s novelty-creativity matrix and aspects of Teresa Amabile’s and Michael G. Pratt’s revised componential theory of creativity that a special form of disaster creativity does exist.
The paper examines community benefits provided by an established community garden following a major earthquake and discusses possible implications for community garden planning and design in disaster-prone cities. Recent studies show that following extreme storm events community gardens can supply food, enhance social empowerment, provide safe gathering spots, and restorative practices, to remind people of normality. However, the beneficial role played by community gardens following earthquakes is less well known. To fill this gap, the study examines the role played by a community garden in Christchurch, New Zealand, following the 2010/2011 Canterbury Earthquakes. The garden's role is evaluated based on a questionnaire-based survey and in-depth interviews with gardeners, as well as on data regarding the garden use before and after the earthquakes. Findings indicate the garden helped gardeners cope with the post-quake situation. The garden served as an important place to de-stress, share experiences, and gain community support. Garden features that reportedly supported disaster recovery include facilities that encourage social interaction and bonding such as central meeting and lunch places and communal working areas.
The 2013 Seddon earthquake (Mw 6.5), the 2013 Lake Grassmere earthquake (Mw 6.6), and the 2016 Kaikōura earthquake (Mw 7.8) provided an opportunity to assemble the most extensive damage database to wine storage tanks ever compiled worldwide. An overview of this damage database is presented herein based on the in-field post-earthquake damage data collected for 2058 wine storage tanks (1512 legged tanks and 546 flat-based tanks) following the 2013 earthquakes and 1401 wine storage tanks (599 legged tanks and 802 flat-based tanks) following the 2016 earthquake. Critique of the earthquake damage database revealed that in 2013, 39% and 47% of the flat-based wine tanks sustained damage to their base shells and anchors respectively, while due to resilience measures implemented following the 2013 earthquakes, in the 2016 earthquake the damage to tank base shells and tank anchors of flat-based wine tanks was reduced to 32% and 23% respectively and instead damage to tank barrels (54%) and tank cones (43%) was identified as the two most frequently occurring damage modes for this type of tank. Analysis of damage data for legged wine tanks revealed that the frame-legs of legged wine tanks sustained the greatest damage percentage among different parts of legged tanks in both the 2013 earthquakes (40%) and in the 2016 earthquake (44%). Analysis of damage data and socio-economic findings highlight the need for industry-wide standards, which may have socio-economic implications for wineries.
A city’s planted trees, the great majority of which are in private gardens, play a fundamental role in shaping a city’s wild ecology, ecosystem functioning, and ecosystem services. However, studying tree diversity across a city’s many thousands of separate private gardens is logistically challenging. After the disastrous 2010–2011 earthquakes in Christchurch, New Zealand, over 7,000 homes were abandoned and a botanical survey of these gardens was contracted by the Government’s Canterbury Earthquake Recovery Authority (CERA) prior to buildings being demolished. This unprecedented access to private gardens across the 443.9 hectares ‘Residential Red Zone’ area of eastern Christchurch is a unique opportunity to explore the composition of trees in private gardens across a large area of a New Zealand city. We analysed these survey data to describe the effects of housing age, socio-economics, human population density, and general soil quality, on tree abundance, species richness, and the proportion of indigenous and exotic species. We found that while most of the tree species were exotic, about half of the individual trees were local native species. There is an increasing realisation of the native tree species values among Christchurch citizens and gardens in more recent areas of housing had a higher proportion of smaller/younger native trees. However, the same sites had proportionately more exotic trees, by species and individuals, amongst their larger planted trees than older areas of housing. The majority of the species, and individuals, of the larger (≥10 cm DBH) trees planted in gardens still tend to be exotic species. In newer suburbs, gardens in wealthy areas had more native trees than gardens from poorer areas, while in older suburbs, poorer areas had more native big trees than wealthy areas. In combination, these describe, in detail unparalleled for at least in New Zealand, how the tree infrastructure of the city varies in space and time. This lays the groundwork for better understanding of how wildlife distribution and abundance, wild plant regeneration, and ecosystem services, are affected by the city’s trees.
On November 14, 2016 an earthquake struck the rural districts of Kaikōura and Hurunui on New Zealand’s South Island. The region—characterized by small dispersed communities, a local economy based on tourism and agriculture, and limited transportation connections—was severely impacted. Following the quake, road and rail networks essential to maintaining steady flows of goods, visitors, and services were extensively damaged, leaving agrifood producers with significant logistical challenges, resulting in reduced productivity and problematic market access. Regional tourism destinations also suffered with changes to the number, characteristics, and travel patterns of visitors. As the region recovers, there is renewed interest in the development and promotion of agrifood tourism and trails as a pathway for enhancing rural resilience, and a growing awareness of the importance of local networks. Drawing on empirical evidence and insights from a range of affected stakeholders, including food producers, tourism operators, and local government, we explore the significance of emerging agrifood tourism initiatives for fostering diversity, enhancing connectivity, and building resilience in the context of rural recovery. We highlight the motivation to diversify distribution channels for agrifood producers, and strengthen the region’s tourism place identity. Enhancing product offerings and establishing better links between different destinations within the region are seen as essential. While such trends are common in rural regions globally, we suggest that stakeholders’ shared experience with the earthquake and its aftermath has opened up new opportunities for regeneration and reimagination, and has influenced current agrifood tourism trajectories. In particular, additional funding for tourism recovery marketing and product development after the earthquake, and an emphasis on greater connectivity between the residents and communities through strengthening rural networks and building social capital within and between regions, is enabling more resilient and sustainable futures.
Study region: Christchurch, New Zealand. Study focus: Low-lying coastal cities worldwide are vulnerable to shallow groundwater salinization caused by saltwater intrusion and anthropogenic activities. Shallow groundwater salinization can have cascading negative impacts on municipal assets, but this is rarely considered compared to impacts of salinization on water supply. Here, shallow groundwater salinity was sampled at high spatial resolution (1.3 piezometer/km²), then mapped and spatially interpolated. This was possible due to a uniquely extensive set of shallow piezometers installed in response to the 2010–11 Canterbury Earthquake Sequence to assess liquefaction risk. The municipal assets located within the brackish groundwater areas were highlighted. New hydrological insights for the region: Brackish groundwater areas were centred on a spit of coastal sand dunes and inside the meander of a tidal river with poorly drained soils. The municipal assets located within these areas include: (i) wastewater and stormwater pipes constructed from steel-reinforced concrete, which, if damaged, are vulnerable to premature failure when exposed to chloride underwater, and (ii) 41 parks and reserves totalling 236 ha, within which salt-intolerant groundwater-dependent species are at risk. This research highlights the importance of determining areas of saline shallow groundwater in low-lying coastal urban settings and the co-located municipal assets to allow the prioritisation of sites for future monitoring and management.