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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

Research papers, The University of Auckland Library

Critical infrastructure networks are highly relied on by society such that any disruption to service can have major social and economic implications. Furthermore, these networks are becoming increasingly dependent on each other for normal operation such that an outage or asset failure in one system can easily propagate and cascade across others resulting in widespread disruptions in terms of both magnitude and spatial reach. It is the vulnerability of these networks to disruptions and the corresponding complexities in recovery processes which provide direction to this research. This thesis comprises studies contributing to two areas (i) the modelling of national scale in-terdependent infrastructure systems undergoing major disruptions, and (ii) the tracking and quantification of infrastructure network recovery trajectories following major disruptions. Firstly, methods are presented for identifying nationally significant systemic vulnerabilities and incorporating expert knowledge into the quantification of infrastructure interdependency mod-elling and simulation. With application to the interdependent infrastructures networks across New Zealand, the magnitudes and spatial extents of disruption are investigated. Results high-light the importance in considering interdependencies when assessing disruptive risks and vul-nerabilities in disaster planning applications and prioritising investment decisions for enhancing resilience of national networks. Infrastructure dependencies are further studied in the context of recovery from major disruptions through the analysis of curves measuring network functionality over time. Continued studies into the properties of recovery curves across a database of global natural disasters produce statistical models for predicting the trajectory and expected recovery times. Finally, the use of connectivity based metrics for quantifying infrastructure system functionality during recovery are considered with a case study application to the Christchurch Earthquake (February 22, 2011) wastewater network response.

Research papers, Lincoln University

During the 21st century, New Zealand has experienced increasing public concern over the quality of the design and appearance of new developments, and their effects on the urban environment. In response to this, a number of local authorities developed a range of tools to address this issue, including urban design panels to review proposals and provide independent advice. Following the 2010 and 2011 Canterbury earthquake sequence, the commitment to achieve high quality urban design within Christchurch was given further importance, with the city facing the unprecedented challenge of rebuilding a ‘vibrant and successful city’. The rebuild and regeneration reinforced the need for independent design review, putting more focus and emphasis on the role and use of the urban design panel; first through collaboratively assisting applicants in achieving a better design outcome for their development by providing an independent set of eyes on their design; and secondly in assisting Council officers in forming their recommendations on resource consent decisions. However, there is a perception that urban design and the role of the urban design panel is not fully understood, with some stakeholders arguing that Council’s urban design requirements are adding cost and complexity to their developments. The purpose of this research was to develop a better understanding on the role of the Christchurch urban design panel post-earthquake in the central city; its direct and indirect influence on the built environment; and the deficiencies in the broader planning framework and institutional settings that it might be addressing. Ultimately, the perceived role of the Panel is understood, and there is agreement that urban design is having a positive influence on the built environment, albeit viewed differently amongst the varying groups involved. What has become clear throughout this research is that the perceived tension between the development community and urban design well and truly exists, with the urban design panel contributing towards this. This tension is exacerbated further through the cost of urban design to developers, and the drive for financial return from their investments. The panel, albeit promoting a positive experience, is simply a ‘tick box’ exercise for some, and as the research suggests, groups or professional are determining themselves what constitutes good urban design, based on their attitude, the context in which they sit and the financial constraints to incorporate good design elements. It is perhaps a bleak time for urban design, and more about building homes.

Research papers, Lincoln University

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.