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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, University of Canterbury Library

Documenting earthquake-induced ground deformation is significant to assess the characteristics of past and contemporary earthquakes and provide insight into seismic hazard. This study uses airborne light detection and ranging (LiDAR) and conducts multi-disciplinary field techniques to document the surface rupture morphology and evaluate the paleoseismicity and seismic hazard parameters of the Hurunui segment of the Hope Fault in the northern South Island of New Zealand. It also documents and evaluates seismically induced features and ground motion characteristics of the 2010 Darfield and 2011 Christchurch earthquakes in the Port Hills, south of Christchurch. These two studies are linked in that they investigate the near-field coseismic features of large (Mw ~7.1) earthquakes in New Zealand and produce data for evaluating seismic hazards of future earthquakes. In the northern South Island of New Zealand, the Australian-Pacific plate boundary is characterised by strike-slip deformation across the Marlborough Fault System (MFS). The ENE-striking Hope Fault (length: ~230 km) is the youngest and southernmost fault in the MFS, and the second fastest slipping fault in New Zealand. The Hope Fault is a major source of seismic hazard in New Zealand and has ruptured (in-part) historically in the Mw 7.1 1888 Amuri earthquake. In the west, the Hurunui segment of the Hope Fault is covered by beech forest. Hence, its seismic hazard parameters and paleoearthquake chronology were poorly constrained and it was unknown whether the 1888 earthquake ruptured this segment or not and if so, to what extent. Utilising LiDAR and field data, a 29 km-long section of the Hurunui segment of the Hope Fault is mapped. LiDAR-mapping clearly reveals the principal slip zone (PSZ) of the fault and a suite of previously unrecognised structures that form the fault deformation zone (FDZ). FDZ width measurements from 415 locations reveal a spatially-variable, active FDZ up to ~500 m wide with an average width of 200 m. Kinematic analysis of the fault structures shows that the Hurunui segment strikes between 070° and 075° and is optimally oriented for dextral strike-slip within the regional stress field. This implies that the wide FDZ observed is unlikely to result from large-scale fault mis-orientation with respect to regional stresses. The analysis of FDZ width indicates that it increases with increased hanging wall topography and increased topographic relief suggesting that along-strike topographic perturbations to fault geometry and stress states increase fault zone complexity and width. FDZ width also increases where the tips of adjacent PSZ strands locally vary in strike, and where the thickness of alluvial deposits overlying bedrock increases. LiDAR- and photogrammetrically-derived topographic mapping indicates that the boundary between the Hurunui and Hope River segments is characterised by a ~850-m-wide right stepover and a 9º-14° fault bend. Paleoseismic trenching at Hope Shelter site reveals that 6 earthquakes occurred at A.D. 1888, 1740-1840, 1479-1623, 819-1092, 439-551, and 373- 419. These rupture events have a mean recurrence interval of ~298 ± 88 yr and inter-event times ranging from 98 to 595 yrs. The variation in the inter-event times is explained by (1) coalescing rupture overlap from the adjacent Hope River segment on to the Hurunui segment at the study site, (2) temporal clustering of large earthquakes on the Hurunui segment, and/or (3) ‘missing’ rupture events. It appears that the first two options are more plausible to explain the earthquake chronologies and rupture behaviour on the Hurunui segment, given the detailed nature of the geologic and chronologic investigations. This study provides first evidence for coseismic multi-segment ruptures on the Hope Fault by identifying a rupture length of 44-70 km for the 1888 earthquake, which was not confined to the Hope River segment (primary source for the 1888 earthquake). LiDAR data is also used to identify and measure dextral displacements and scarp heights from the PSZ and structures within the FDZ along the Hurunui segment. Reconstruction of large dextrally-offset geomorphic features shows that the vertical component of slip accounts for only ~1% of the horizontal displacements and confirms that the fault is predominantly strike-slip. A strong correlation exists between the dextral displacements and elevations of geomorphic features suggesting the possibility of age correlation between the geomorphic features. A mean single event displacement (SED) of 3.6 ± 0.7 m is determined from interpretation of sets of dextral displacements of ≤ 25 m. Using the available surface age data and the cumulative dextral displacements from Matagouri Flat, McKenzie Fan, Macs Knob and Hope River sites, and the mean SED, a mean slip rate of 12.2 ± 2.4 mm/yr, and a mean recurrence interval of ~320 ± 120 yr, and a potential earthquake magnitude of Mw 7.2 are determined for the Hurunui segment. This study suggests that the fault slip rate has been constant over the last ~15000 yr. Strong ground motions from the 2010 Darfield (Canterbury) earthquake displaced boulders and caused ground damage on some ridge crests in the Port Hills. However, the 2011 Christchurch earthquake neither displaced boulders nor caused ground damage at the same ridge crests. Documentation of locations (~400 m a.s.l.), lateral displacements (8-970 cm), displacement direction (250° ± 20°) of displaced boulders, in addition to their hosting socket geometries (< 1 cm to 50 cm depth), the orientation of the ridges (000°-015°) indicate that boulders have been displaced in the direction of instrumentally recorded transient peak ground horizontal displacements nearby and that the seismic waves have been amplified at the study sites. The co-existence of displaced and non-displaced boulders at proximal sites suggests small-scale ground motion variability and/or varying boulder-ground dynamic interactions relating to shallow phenomena such as variability in soil depth, bedrock fracture density and/or microtopography on the bedrock-soil interface. Shorter shaking duration of the 2011 Christchurch event, differing frequency contents and different source characteristics were all factors that may have contributed to generating circumstances less favourable to boulder displacement in this earthquake. Investigating seismically induced features, fault behaviour, site effects on the rupture behaviour, and site response to the seismic waves provides insights into fault rupture hazards.

Research Papers, Lincoln University

Mixed conifer, beech and hardwood forests are relatively common in Aotearoa/New Zealand, but are not well studied. This thesis investigates the coexistence, regeneration dynamics and disturbance history of a mixed species forest across an environmental gradient of drainage and soil development in north Westland. The aim was to investigate whether conifers, beech and non-beech hardwood species were able to coexist on surfaces that differed in their underlying edaphic conditions, and if so to understand the mechanisms that influenced their regeneration on both poorly drained and well drained soils. The site selected was an area of high tree species diversity on a lowland 0.8 km² post-glacial terrace at the base of Mount Harata in the Grey River Valley. My approach was to use forest stand history reconstruction at two spatial scales: an intensive within-plot study of stand dynamics (chapter 1) and a whole-landform approach (chapter 2) that examined whether the dynamics identified at the smaller within-plot scale reflected larger patterns across the terrace. In chapter 1, three large permanent plots (0.3-0.7 ha) were placed at different points along the drainage gradient, one plot situated in each of the mainly well-drained, poorly drained and very poorly drained areas along the terrace. Information was gathered on species age and size structures, spatial distributions of tree ages, species interactions, microsite establishment preferences, patterns of stand mortality, and disturbance history in each plot. There were differences in stand structure, composition and relative abundance of species found between the well drained plot and the two poorer drained plots. On the well drained site conifers were scarce, the beeches Nothofagus fusca and N. menziesii dominated the canopy, and in the subcanopy the hardwood species Weinmannia racemosa and Quintinia acutifolia were abundant. As drainage became progressively poorer, the conifers Dacrydium cupressinum and Dacrycarpus dacrydioides became more abundant and occupied the emergent tier over a beech canopy. The hardwoods W. racemosa and Q. acutifolia became gradually less abundant in the subcanopy, whereas the hardwood Elaeocarpus hookerianus became more so. In the well drained plot, gap partitioning for light between beeches and hardwoods enabled coexistence in response to a range of different sized openings resulting from disturbances of different extent. In the two more poorly drained plots, species also coexisted by partitioning microsite establishment sites according to drainage. There were several distinct periods where synchronous establishment of different species occurred in different plots, suggesting there were large disturbances: c. 100yrs, 190-200 yrs, 275-300 yrs and 375-425 yrs ago. Generally after the same disturbance, different species regenerated in different plots reflecting the underlying drainage gradient. However, at the same site after different disturbances, different sets of species regenerated, suggesting the type and extent of disturbances and the conditions left behind influenced species regeneration at some times but not others. The regeneration of some species (e.g., N. fusca in the well-drained plot, and Dacrydium in the poorer drained plots) was periodic and appeared to be closely linked to these events. In the intervals between these disturbances, less extensive disturbances resulted in the more frequent N. menziesii and especially hardwood regeneration. The type of tree death caused by different disturbances favoured different species, with dead standing tree death favouring the more shade-tolerant N. menziesii and hardwoods, whereas uprooting created a mosaic of microsite conditions and larger gap sizes that enabled Dacrycarpus, N. fusca and E. hookerianus to maintain themselves in the poorly drained areas. In chapter 2, 10 circular plots (c. 0.12 ha) were placed in well drained areas and 10 circular plots (c. 0.2 ha) in poorly drained plots to collect information on species population structures and microsite preferences. The aims were to reconstruct species' regeneration responses to a range of disturbances of different type and extent across the whole terrace, and to examine whether there were important differences in the effects of these disturbances. At this landform scale, the composition and relative abundances of species across the drainage gradient reflected those found in chapter 1. There were few scattered conifers in well drained areas, despite many potential regeneration opportunities created from a range of different stand destroying and smaller scale disturbances. Three of the four periods identified in chapter 1 reflected distinct terrace-wide periods of regeneration 75-100 yrs, 200-275 yrs and 350-450 yrs ago, providing strong evidence of periodic large, infrequent disturbances that occurred at intervals of 100-200 yrs. These large, infrequent disturbances have had a substantial influence in determining forest history, and have had long term effects on forest structure and successional processes. Different large, infrequent disturbances had different effects across the terrace, with the variability in conditions that resulted enabling different species to regenerate at different times. For example, the regeneration of distinct even-aged Dacrydium cohorts in poorly drained areas was linked to historical Alpine Fault earthquakes, but not to more recent storms. The variation in the intensity of different large, infrequent disturbances at different points along the environmental drainage gradient, was a key factor influencing the scale of impacts. In effect, the underlying edaphic conditions influenced species composition along the drainage gradient and disturbance history regulated the relative abundances of species. The results presented here further emphasise the importance of large scale disturbances as a mechanism that allows coexistence of different tree species in mixed forest, in particular for the conifers Dacrydium, Dacrycarpus and the beech N. fusca, by creating much of the environmental variation to which these species responded. This study adds to our understanding of the effects of historical earthquakes in the relatively complex forests of north Westland, and further illustrates their importance in the Westland forest landscape as the major influential disturbance on forest pattern and history. These results also further develop the 'two-component' model used to describe conifer/angiosperm dynamics, by identifying qualitative differences in the impacts of different large, infrequent disturbances across an environmental gradient that allowed for coexistence of different species. In poorer drained areas, these forests may even be thought of as 'three-component' systems with conifers, beeches and hardwoods exhibiting key differences in their regeneration patterns after disturbances of different type and extent, and in their microsite preferences.