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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

Seismically vulnerable buildings constitute a major problem for the safety of human beings. In many parts of the world, reinforced concrete (RC) frame buildings designed and constructed with substandard detailing, no consideration of capacity design principles, and improper or no inclusion of the seismic actions, have been identified. Amongst those vulnerable building, one particular typology representative of the construction practice of the years previous to the 1970’s, that most likely represents the worst case scenario, has been widely investigated in the past. The deficiencies of that building typology are related to non-ductile detailing in beam column joints such as the use of plain round bars, the lack of stirrups inside the joint around the longitudinal reinforcement of the column, the use of 180° end hooks in the beams, the use of lap splices in potential ‘plastic hinge’ regions, and substandard quality of the materials. That type of detailing and the lack of a capacity design philosophy create a very fragile fuse in the structure where brittle inelastic behaviour is expected to occur, which is the panel zone region of exterior beam column joints. The non-ductile typology described above was extensively investigated at the University of Canterbury in the context of the project ‘Retrofit Solutions for New Zealand Multi-Storey Buildings’ (2004-2011), founded by the ‘Foundation for Research, Science and Technology’ Tūāpapa Rangahau Pūtaiao. The experimental campaign prior to the research carried out by the author consisted of quasi-static tests of beam column joint subassemblies subjected to lateral loading regime, with constant and varying axial load in the column. Most of those specimens were representative of a plane 2D frame (knee joint), while others represented a portion of a space 3D frame (corner joints), and only few of them had a floor slab, transverse beams, and lap splices. Using those experiments, several feasible, cost-effective, and non-invasive retrofit techniques were developed, improved, and refined. Nevertheless, the slow motion nature of those experiments did not take into account the dynamical component inherent to earthquake related problems. Amongst the set of techniques investigated, the use of FRP layers for strengthening beam column joints is of particular interest due to its versatility and the momentum that its use has gained in the current state of the practice. That particular retrofit technique was previously used to develop a strengthening scheme suitable for plane 2D and space 3D corner beam column joints, but lacking of floor slabs. In addition, a similar scheme was not developed for exterior joints of internal frames, referred here as ‘cruciform’. In this research a 2/5 scale RC frame model building comprising of two frames in parallel (external and internal) joined together by means of floor slabs and transverse beams, with non-ductile characteristics identical to those of the specimens investigated previously by others, and also including lap splices, was developed. In order to investigate the dynamic response of that building, a series of shake table tests with different ground motions were performed. After the first series of tests, the specimen was modified by connecting the spliced reinforcement in the columns in order to capture a different failure mode. Ground motions recorded during seismic events that occurred during the initial period of the experimental campaign (2010) were used in the subsequent experiments. The hierarchy of strengths and sequence of events in the panel zone region were evaluated in an extended version of the bending moment-axial load (M-N) performance domain developed by others. That extension was required due to the asymmetry in the beam cross section introduced by the floor slab. In addition, the effect of the torsion resistance provided by the spandrel (transverse beam) was included. In order to upgrade the brittle and unstable performance of the as-built/repaired specimen, a practical and suitable ad-hoc FRP retrofit intervention was developed, following a partial retrofit strategy that aimed to strengthen exterior beam column joints only (corner and cruciform). The ability of the new FRP scheme to revert the sequence of events in the panel zone region was evaluated using the extended version of the M-N performance domain as well as the guidelines for strengthening plane joints developed by others. Weakening of the floor slab in a novel configuration was also incorporated with the purpose of reducing the flexural capacity of the beam under negative bending moment (slab in tension), enabling the damage relocation from the joint into the beam. The efficacy of the developed retrofit intervention in upgrading the seismic performance of the as-built specimen was investigated using shake table tests with the input motions used in the experiments of the as-built/repaired specimen. Numerical work aimed to predict the response of the model building during the most relevant shake table tests was carried out. By using a simple numerical model with concentrated plasticity elements constructed in Ruaumoko2D, the results of blind and post-experimental predictions of the response of the specimen were addressed. Differences in the predicted response of the building using the nominal and the actual recorded motions of the shake table were investigated. The dependence of the accuracy of the numerical predictions on the assumed values of the parameters that control the hysteresis rules of key structural members was reviewed. During the execution of the experimental campaign part of this thesis, two major earthquakes affected the central part of Chile (27 of February 2010 Maule earthquake) and the Canterbury region in New Zealand (22 February 2011 Canterbury earthquake), respectively. As the author had the opportunity to experience those events and investigate their consequences in structures, the observations related to non-ductile detailing and drawbacks in the state of the practice related to reinforced concrete walls was also addressed in this research, resulting in preliminary recommendations for the refinement of current seismic code provisions and assessment guidelines. The investigations of the ground motions recorded during those and other earthquakes were used to review the procedures related to the input motions used for nonlinear dynamic analysis of buildings as required by most of the current code provisions. Inelastic displacement spectra were constructed using ground motions recorded during the earthquakes mentioned above, in order to investigate the adequacy of modification factors used to obtain reduced design spectra from elastic counterparts. Finally a simplified assessment procedure for RC walls that incorporates capacity compatible spectral demands is proposed.