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Audio, Radio New Zealand

Gerry Brownlee is the Canterbury Earthquake Recovery Minister. Hugo Kristinsson is a South Brighton resident who stood for mayor last year on the issue of flood risk and land damage. David Stringer is the spokesperson for the community lobby group Insurance Watch - which has been seeking answers from the council since 2011 about the flood risk to the city. Nine to Noon speaks with all three about the recent flooding in Christchurch.

Research papers, University of Canterbury Library

The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.

Images, Alexander Turnbull Library

The New Zealand public contemplate a dead drought stricken landscape. As well as lack of water, there is a lack of moderate pay scales for CEOs, satisfaction with EQC, quality TV, generous insurance companies, brilliant Solid Energy management, the integrity of John Banks (and by implication that of other MPs), quality education ministers, worthwhile overseas trips by the Prime Minister, 'clever' NZ First MPs and a boost for the West Coast among others. Considered from a Canterbury perspective, the drought of early 2013 becomes a symbol for many of the recent political and social ailments afflicting the land. Quantity: 1 digital cartoon(s).

Audio, Radio New Zealand

Highlights from Radio New Zealand National's programmes for the week ending Friday 7 December. This week ...... not everyone was keen on The Hobbit world premiere party, measuring and assessing innovation, expecting excellence of all students in education no matter what race they are, a world wide gathering of "Dobson's" tour ancestral South Island locations, The Christchurch Fiasco - what is going on with insurance companies post earthquakes, getting touchy feely with art and reggae star Jimmy Cliff on his spiritual life and learnings

Audio, Radio New Zealand

The EQC Minister says she is concerned a threatening letter sent to the Earthquake Commission may have been sent by the same person who sent staff a bullet in the post two years ago. Police are investigating an anonymous threat in a letter sent to EQC staff on the 1st of May. The threat made reference to the Christchurch mosque attacks and has forced EQC to increase security at all its offices. Indira spoke with insurance advocate of 26 years, Dean Lester.

Videos, UC QuakeStudies

A video of an interview with Tom Thomson, Managing Director of Elastomer Products, about the experiences of businesses in the aftermath of the 2010 and 2011 Canterbury earthquakes. Thomson talks about the importance of focussing on people, diversifying infrastructure, and informing customers after the earthquakes. He also talks about the need for businesses to understand their insurance policies and to have building and service fall-back plans. This video is part of a series about businesses in Christchurch after the earthquakes.

Audio, Radio New Zealand

Topics - Would you like a pay rise of $10,000 a year? That's what the lowest paid Auckland Council staff will get if a plan to implement a minimum wage of $18.40 an hour goes through. The Insurance Council has received a briefing today after a report revealed hundreds of properties on Christchurch's Port Hills are on unsafe land. The GNS Science report released yesterday shows a major rain or snow storm could cause land already loosened by the earthquakes to move.

Images, UC QuakeStudies

A photograph of graffiti on one of the walls of the kitchen in Donna Allfrey's house at 406 Oxford Terrace. Parts of the graffiti read, "Quakes, a national disaster", "Recovery, a national disgrace", "Ring fn EQC, ring fn insurance", "Useless fn council", "Don't let the bastards get you down", "Avon Loop - park or developers fodder?", and "Never trust a Carter". There are also shopping and to-do lists scrawled amongst these messages.

Images, Alexander Turnbull Library

A man sits in an armchair in the ruins of his house with his wife beside him. A man carrying a briefcase marked 'EQC' has come to make an insurance assessment and says 'Unfortunately, this is a North Canterbury collapse - so you'll only get your first $100,000 back'. Context; the Christchurch earthquake of 4th September and the collapse of the South Canterbury Finance Company. Quantity: 1 digital cartoon(s).

Images, Alexander Turnbull Library

Shows an egg that represents '2012' with a chick beginning to peck its way out. In the background storms rage. Someone hopes that it will 'be softer and fuzzier than the last one!' Context: Refers to the difficulties and disasters of 2011 in New Zealand. Christchurch earthquakes and aftershocks continue with complicating rebuilding and insurance issues, the wreck of the Rena, and various weather events and political issues. Quantity: 1 digital cartoon(s).

Audio, Radio New Zealand

A Christchurch man with terminal cancer is using his final days to battle his insurance company, a decade on from the deadly earthquakes. Brian Shaw owns an apartment that's in a block of 11. They were all damaged in 2011. Shaw is a building consent officer. He says getting technical reports and chasing a settlement with insurer Vero has already cost the unit owners about $400,000, and they still have not even made it to court. On Friday morning he will be protesting outside Vero's Christchurch office, along with other unhappy customers.

Audio, Radio New Zealand

A scathing inquiry into the Earthquake Commission's handling of the 2010 and 2011 Canterbury earthquakes could mean huge change for how it handles claims. The Government says it's committed to implementing all of the recommendations from the inquiry, including improving its communication, planning and preparedness and dispute resolution. John Goddard, an insurance and employment law barrister who dealt with more than 4000 claims at the time, says repairs were handled poorly and the new recommendations won't cover all the bases. John Goddard and Melanie Bourke of EQC Fix speak to Corin Dann.

Videos, UC QuakeStudies

A video of an interview with Peter Townsend, Chief Executive of Canterbury Employers' Chamber of Commerce about the experiences of businesses in the aftermath of the 2010 and 2011 Canterbury earthquakes. Townsend talks about business collaboration in Christchurch, the need for businesses to have a back-up plans, the increase in people working from home, and the importance of businesses understanding their insurance. This video is part of a series about businesses in Christchurch after the earthquakes.

Audio, Radio New Zealand

Topics - it's been described as the 'Downton Effect' - a revival of more formal dinner parties as the British try to bring back fine dining. Today we learned that insurance companies have completed just 15 per cent of rebuilds and 10 per cent of over-cap repairs more than three years after the Canterbury earthquakes. A series of rallies are being held in five Australian cities today by New Zealanders protesting against legislation which denies them rights to welfare. Commuters are cautiously optimistic about a radical revamp proposed for Wellington's rush-hour rail service.

Images, Alexander Turnbull Library

The cartoon shows a desperate man representing 'Christchurch' who is clutching the end of a broken plank that protrudes from a crumbling cliff-face. He says 'Who said we're living ON the edge?!' Context - the man is suggesting that they are not On the edge but OVER it. Refers to the continuing hardships facing many Christchurch residents as earthquakes and aftershocks continue and many face large financial losses because of insurance problems. Quantity: 1 digital cartoon(s).

Research papers, University of Canterbury Library

The Canterbury Earthquake Sequence (CES), induced extensive damage in residential buildings and led to over NZ$40 billion in total economic losses. Due to the unique insurance setting in New Zealand, up to 80% of the financial losses were insured. Over the CES, the Earthquake Commission (EQC) received more than 412,000 insurance claims for residential buildings. The 4 September 2010 earthquake is the event for which most of the claims have been lodged with more than 138,000 residential claims for this event only. This research project uses EQC claim database to develop a seismic loss prediction model for residential buildings in Christchurch. It uses machine learning to create a procedure capable of highlighting critical features that affected the most buildings loss. A future study of those features enables the generation of insights that can be used by various stakeholders, for example, to better understand the influence of a structural system on the building loss or to select appropriate risk mitigation measures. Previous to the training of the machine learning model, the claim dataset was supplemented with additional data sourced from private and open access databases giving complementary information related to the building characteristics, seismic demand, liquefaction occurrence and soil conditions. This poster presents results of a machine learning model trained on a merged dataset using residential claims from the 4 September 2010.

Videos, UC QuakeStudies

A video of André Lovatt, Chair of Regenerate Christchurch, Hugh Cowan, General Manager of Reinsurance, Research and Education at EQC, and developer Antony Gough responding to questions from the floor during a panel at the 2016 Seismics in the City Conference. The panel has three themes:A City on the Move: Collaboration and Regeneration: "'Christchurch is now moving rapidly from the recovery phase into a regeneration stage with Central and Local Government working with the wider community, including the business community to ensure we get optimal outcomes for greater Christchurch' (CECC)."Looking Back: Remembering and Learning: "What are the milestones? What are the millstones? What have we learnt? What have we applied?"Looking Forward: Visioning and Building: "What do we aspire to? What are the roadblocks? What is the way forward?"

Videos, UC QuakeStudies

A video of an interview with Rick Hellings, Managing Director of Smiths City Group, about the experiences of businesses in the aftermath of the 2010 and 2011 Canterbury earthquakes. Hellings talks about the changes in regulation and geography in Christchurch after the earthquakes and the importance of managing risks, understanding insurance, and being prepared for change. He also talks about the importance of keeping customers and business partners informed, looking after staff and customers, and reducing costs to offset the increases in rent. This video is part of a series about businesses in Christchurch after the earthquakes.

Images, UC QuakeStudies

A digitally manipulated image of liquefaction around a house in Avondale. The photographer comments, "The bottom of the gates were swallowed up by liquefaction, but the house still looked in good condition, which was confirmed by builders just going in to work on the property. It is in the Christchurch red zone, which after testing has been deemed unsuitable for houses to be built on. All the land will be bought by the Government and they would also buy any properties that could be repaired. The remaining insured property owners will get a payment from the insurance company. All the buildings are condemned to be knocked down".

Audio, Radio New Zealand

More than 600 Christchurch home-owners face a wait of up to 18 months before its decided who foots the bill for earthquake repairs that could cost hundreds of millions of dollars. The problem - first revealed on Checkpoint in March - is that owners bought homes thinking all quake damage had been identified and fixed - only to find more problems that weren't addressed. The people affected cannot claim on their insurance - because the damage pre-dates them buying the house - and any grant from the Earthquake Commission is capped. EQC has publicly apologised to those affected but the Minster, Megan Woods, says it's unclear who will pay for the needed repairs.

Research Papers, Lincoln University

"Prior to the devastating 2010-2011 Canterbury earthquakes, the city of Christchurch was already exhibiting signs of a housing affordability crisis. The causes and symptoms were similar to those being experienced in Auckland, but the substantial damage to the housing stock caused by the earthquakes added new dimensions and impetus to the problem. Large swathes of the most affordable housing stock in the east of the city were effectively destroyed by the earthquakes. In itself this would have pushed the mean house price upwards, but compounding problems exacerbated the situation. These include the price effects of reduced supply of both rented and owned housing and increased demand from both displaced residents and an influx of rebuild workers. The need for additional temporary housing while repairs were undertaken and the associated insurance pay-outs bidding up rents with improved rental returns leading to increased interest in property investment. Land supply constraints and consenting issues inhibiting the build of new housing and political infighting and uncertainty regarding the future of parts of the city leading to a flight of development activity to peripheral locations and adjoining local authorities. Concerns that the erosion of the city council rating base combined with inadequacy of insurance cover for infrastructure will lead to large rates increases, increased development costs and reduced amenities and services in future years. These and other issuers will be elaborated on in this paper with a view to exploring the way forward for affordable housing Christchurch City."

Images, UC QuakeStudies

A photograph of graffiti on one of the walls of the kitchen in Donna Allfrey's house at 406 Oxford Terrace. Parts of the graffiti read, "Quakes, a national disaster", "Recovery, a national disgrace", "'It's been a lot of fun' - John Key, yeah right!", "Brownlee sucks, "Ring fn EQC, ring fn insurance", "Useless fn council", "Sideshow Bob is an idiot", "Don't let the bastards get you down", "Avon Loop - park or developers fodder?", and "Never trust a Carter". There are also shopping and to-do lists scrawled amongst these messages.

Images, UC QuakeStudies

A photograph of graffiti on one of the walls of the kitchen in Donna Allfrey's house at 406 Oxford Terrace. Parts of the graffiti read, "Quakes, a national disaster", "Recovery, a national disgrace", "'It's been a lot of fun' - John Key, yeah right!", "Brownlee sucks, "Ring fn EQC, ring fn insurance", "Useless fn council", "Sideshow Bob is an idiot", "Don't let the bastards get you down", "Avon Loop - park or developers fodder?", and "Never trust a Carter". There are also shopping and to-do lists scrawled amongst these messages.

Images, UC QuakeStudies

A photograph of graffiti on one of the walls of the kitchen in Donna Allfrey's house at 406 Oxford Terrace. Parts of the graffiti read, "Quakes, a national disaster", "Recovery, a national disgrace", "'It's been a lot of fun' - John Key, yeah right!", "Brownlee sucks, "Ring fn EQC, ring fn insurance", "Useless fn council", "Sideshow Bob is an idiot", "Don't let the bastards get you down", "Avon Loop - park or developers fodder?", and "Never trust a Carter". There are also shopping and to-do lists scrawled amongst these messages.

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