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Research papers, Victoria University of Wellington

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.

Research Papers, Lincoln University

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.

Research Papers, Lincoln University

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.

Research Papers, Lincoln University

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.

Research Papers, Lincoln University

There is growing expectation that local volunteers will play a more integrated role in disaster response, yet emergent groups are often ‘outsiders’ to crisis management, prompting questions of the conditions and processes by which these groups can forge relationships with established response agencies, and the tensions which can arise those interactions. This article analyses how student-led volunteers, as an emergent group, nevertheless gained “authority to operate” in the aftermath of the 2010-2011 earthquakes in Canterbury, New Zealand. Our study demonstrates how established response agencies and emergent groups can form hugely impactful and mutually supportive relationships. However, our analysis also points to two interrelated tensions that can arise, regarding the terms by which emergent groups are recognised, and the ‘distance’ considered necessary between emergent groups and established response agencies. The discussion considers implications for inclusiveness, risk and responsibility if emergent volunteers are to be further integrated into disaster response.

Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

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.

Research papers, Victoria University of Wellington

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.