Innovative judging following natural disasters: Lessons from the Christchu…

Research papers, The University of Auckland Library

In September 2010 and February 2011 the Canterbury region of New Zealand was struck by two powerful earthquakes, registering magnitude 7.1 and 6.3 respectively on the Richter scale. The second earthquake was centred 10 kilometres south-east of the centre of Christchurch (the region’s capital and New Zealand’s third most populous urban area, with approximately 360,000 residents) at a depth of five kilometres. 185 people were killed, making it the second deadliest natural disaster in New Zealand’s history. (66 people were killed in the collapse of one building alone, the six-storey Canterbury Television building.) The earthquake occurred during the lunch hour, increasing the number of people killed on footpaths and in buses and cars by falling debris. In addition to the loss of life, the earthquake caused catastrophic damage to both land and buildings in Christchurch, particularly in the central business district. Many commercial and residential buildings collapsed in the tremors; others were damaged through soil liquefaction and surface flooding. Over 1,000 buildings in the central business district were eventually demolished because of safety concerns, and an estimated 70,000 people had to leave the city after the earthquakes because their homes were uninhabitable. The New Zealand Government declared a state of national emergency, which stayed in force for ten weeks. In 2014 the Government estimated that the rebuild process would cost NZ$40 billion (approximately US$27.3 billion, a cost equivalent to 17% of New Zealand’s annual GDP). Economists now estimate it could take the New Zealand economy between 50 and 100 years to recover. The earthquakes generated tens of thousands of insurance claims, both against private home insurance companies and against the New Zealand Earthquake Commission, a government-owned statutory body which provides primary natural disaster insurance to residential property owners in New Zealand. These ranged from claims for hundreds of millions of dollars concerning the local port and university to much smaller claims in respect of the thousands of residential homes damaged. Many of these insurance claims resulted in civil proceedings, caused by disputes about policy cover, the extent of the damage and the cost and/or methodology of repairs, as well as failures in communication and delays caused by the overwhelming number of claims. Disputes were complicated by the fact that the Earthquake Commission provides primary insurance cover up to a monetary cap, with any additional costs to be met by the property owner’s private insurer. Litigation funders and non-lawyer claims advocates who took a percentage of any insurance proceeds also soon became involved. These two factors increased the number of parties involved in any given claim and introduced further obstacles to resolution. Resolving these disputes both efficiently and fairly was (and remains) central to the rebuild process. This created an unprecedented challenge for the justice system in Christchurch (and New Zealand), exacerbated by the fact that the Christchurch High Court building was itself damaged in the earthquakes, with the Court having to relocate to temporary premises. (The High Court hears civil claims exceeding NZ$200,000 in value (approximately US$140,000) or those involving particularly complex issues. Most of the claims fell into this category.) This paper will examine the response of the Christchurch High Court to this extraordinary situation as a case study in innovative judging practices and from a jurisprudential perspective. In 2011, following the earthquakes, the High Court made a commitment that earthquake-related civil claims would be dealt with as swiftly as the Court's resources permitted. In May 2012, it commenced a special “Earthquake List” to manage these cases. The list (which is ongoing) seeks to streamline the trial process, resolve quickly claims with precedent value or involving acute personal hardship or large numbers of people, facilitate settlement and generally work proactively and innovatively with local lawyers, technical experts and other stakeholders. For example, the Court maintains a public list (in spreadsheet format, available online) with details of all active cases before the Court, listing the parties and their lawyers, summarising the facts and identifying the legal issues raised. It identifies cases in which issues of general importance have been or will be decided, with the expressed purpose being to assist earthquake litigants and those contemplating litigation and to facilitate communication among parties and lawyers. This paper will posit the Earthquake List as an attempt to implement innovative judging techniques to provide efficient yet just legal processes, and which can be examined from a variety of jurisprudential perspectives. One of these is as a case study in the well-established debate about the dialogic relationship between public decisions and private settlement in the rule of law. Drawing on the work of scholars such as Hazel Genn, Owen Fiss, David Luban, Carrie Menkel-Meadow and Judith Resnik, it will explore the tension between the need to develop the law through the doctrine of precedent and the need to resolve civil disputes fairly, affordably and expeditiously. It will also be informed by the presenter’s personal experience of the interplay between reported decisions and private settlement in post-earthquake Christchurch through her work mediating insurance disputes. From a methodological perspective, this research project itself gives rise to issues suitable for discussion at the Law and Society Annual Meeting. These include the challenges in empirical study of judges, working with data collected by the courts and statistical analysis of the legal process in reference to settlement. September 2015 marked the five-year anniversary of the first Christchurch earthquake. There remains widespread dissatisfaction amongst Christchurch residents with the ongoing delays in resolving claims, particularly insurers, and the rebuild process. There will continue to be challenges in Christchurch for years to come, both from as-yet unresolved claims but also because of the possibility of a new wave of claims arising from poor quality repairs. Thus, a final purpose of presenting this paper at the 2016 Meeting is to gain the benefit of other scholarly perspectives and experiences of innovative judging best practice, with a view to strengthening and improving the judicial processes in Christchurch. This Annual Meeting of the Law and Society Association in New Orleans is a particularly appropriate forum for this paper, given the recent ten year anniversary of Hurricane Katrina and the plenary session theme of “Natural and Unnatural Disasters – human crises and law’s response.” The presenter has a personal connection with this theme, as she was a Fulbright scholar from New Zealand at New York University in 2005/2006 and participated in the student volunteer cleanup effort in New Orleans following Katrina. http://www.lawandsociety.org/NewOrleans2016/docs/2016_Program.pdf

Post-earthquake damage assessment and residual capacity of concrete and RC…

Research papers, University of Canterbury Library

The assessment of damage and remaining capacity after an earthquake is an immediate measure to determine whether a reinforced concrete (RC) building is usable and safe for occupants. The recent Christchurch earthquake (22 February 2011) caused a uniquely severe level of structural damage to modern buildings, resulting in extensive damage to the building stock. About 60% of damaged multistorey concrete buildings (3 storeys and up) were demolished after the earthquake, and the cost of reconstruction amounted to 40 billion NZD. The aftermath disclosed issues of great complexities regarding the future of the RC buildings damaged by the earthquakes. This highlighted the importance of post-event decision-making, as the outcome will allow the appropriate course of action—demolition, repair or acceptance of the existing building—to be considered. To adopt the proper strategy, accurate assessment of the residual capacity and the level of damage is required. This doctoral dissertation aims to assess the damage and remaining capacity at constituent material and member level (i.e., concrete material and beams) through a systematic approach in an attempt to address part of an existing gap in the available literature. Since the residual capacity of RC members is not unique and depends on previously applied loading history, post-event residual capacity in this study was assessed in terms of fraction of fatigue life (i.e., the number of cycles required to failure). This research comprises three main parts: (1) residual capacity and damage assessment at material level (i.e., concrete), (2) post-yield bond deterioration and damage assessment at the interface of steel and concrete, and, finally, (3) residual capacity and damage assessment at member level (i.e., RC beam). The first part of this research focused on damage assessment and the remaining capacity of concrete from a material point of view. It aimed to employ appropriate and reliable durability-based testing and image-detection techniques to quantify deterioration in the mechanical properties of concrete on the basis that stress-induced damage occurred in the microstructural system of the concrete material. To this end, in the first phase, a feasibility study was conducted in which a combination of oxygen permeability, electrical resistivity and porosity tests were assessed to determine if they were robust and reliable enough to reveal damage which occurred in the microstructural system of concrete. The results, in terms of change in permeability, electrical resistivity and porosity features of disk samples taken from the middle third of damaged concrete cylinders (200 mm × 100 mm) monotonically pre-loaded to 50%, 70%, 90% and 95% of the ultimate strength (f′c), showed the permeability test is a reliable tool to identify the degree of damage, due to its high sensitivity to the load-induced microcracking. In parallel, to determine the residual capacity, the companion damaged concrete cylinders already loaded to the same level of compressive strength were reloaded up to failure. Comparing the stress–strain relationship of damaged concrete with intact material, it was also found that the strain capacity of the reloaded pre-damaged concrete cylinders decreases while strength remained virtually unchanged. In the second phase of the first part, a fluorescent microscopy technique was used to assess the damage and develop a correlation between material degradation, by virtue of the geometrical features, and damage to the concrete. To account for the effect of confinement and cyclic loading, in the third phase, the residual capacity and damage assessment of unconfined and GFRP confined concrete cylinders subjected to low-cycle fatigue loading, was investigated. Similar to the first phase, permeability testing technique was used to provide an indirect evaluation of fatigue damage. Finally, in the fourth phase of the first part, the suitability of permeability testing technique to assess damage was evaluated for cored concrete taken from three types of RC members: columns, beams and a beam-column joint. In view of the fact that the composite action of an RC member is highly dependent on the bond between reinforcement and surrounding concrete, understanding the deterioration of the bond in the post-yield range of strain in steel was crucial to assess damage at member level. Therefore, in the second phase of this research, a state-of-the- art distributed fibre optic strain sensor system (DFOSSS) system was used to evaluate bond deterioration in a cantilever RC beam subjected to monotonic lateral loading. The technology allowed the continuous capture of strain, every 2.6 mm along the length, in both reinforcing bars and cover concrete. The strain profile provided a basis by which the slip, axial stress and bond stress distributions were then established. In the third part, the study focused on the damage assessment and residual capacity of seven half-scale RC beams subjected to a constant-amplitude cyclic loading protocol. In the first stage, the structural performances of three specimens under constant-amplitude fatigue at 1%, 2% and 4% chord rotation (drift) were examined. In parallel, the number of cycles to failure, degradation in strength, stiffness and energy dissipation were characterized. In the second stage, four RC beams were subjected to loading up to 70% and 90% of their fatigue life, at 2% and 4% drift, and then monotonically pulled up to failure. To determine the residual flexural capacity, the lateral force–displacement results of pre-damaged specimens were compared with an undamaged specimen subjected to only monotonic loading. The study showed significant losses in strength, deformability, stiffness and energy dissipation capacity. A nonlinear finite element analysis (FEA) using concrete damage plasticity (CDP) model was also conducted in ABAQUS to numerically investigate the behaviour of the tested specimen. The results of the FE simulations indicated a reasonable response compared with the behaviour of the test specimen in terms of force–displacement and cracking pattern. During the Christchurch earthquake it was observed that the loading history has a significant influence on structural responses. While in conventional pseudo-static loading protocol, internal forces can be redistributed along the plastic length: there is little chance for structures undergoing high initial loading amplitude to redistribute pertinent stresses. As a result, in the third phase of this part, the effect of high rate of loading on the behaviour of seismically designed RC beams was investigated. Two half-scale cantilever RC beams were subjected to similar constant-amplitude cyclic loading at 2% and 4% drifts, but at a rate of 500 mm/s. Due to the incapability of conventional measuring techniques, a motion-tracking system was employed for data acquisition with the high-speed tests. The effect of rate of loading on the fatigue life of specimens (i.e., the number of cycles required to failure), secant stiffness, failure mode, cracking pattern, beam elongations and bar fracture surface were analysed. Integrating the results of all parts of this research has resulted in a better understanding of residual capacity and the development of damage at both the material and member level by using a low-cycle fatigue approach.