Photograph captioned by BeckerFraserPhotos, "Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "27 Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "25 Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "25 Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley".
An earthquake-damaged road in north-east Christchurch. The manhole in the centre of the road has risen and a road cone has been placed in the centre to warn road users. Residents have piled liquefaction from their properties on the side of the road where it will be collection by road maintenance contractors.
A crane sits beside the sewage treatment ponds in Bromley. In the distance can be seen large piles of liquefaction silt. The photographer comments, "Bromley sewage treatment ponds, under repair".
A photograph captioned by BeckerFraserPhotos, "Bus stop in New Brighton Road. There is a lack of vertical points of reference in most of east Christchurch".
Liquefaction around QEII stadium. The photographer comments, "A Sunday afternoon ride to New Brighton, then back via Aranui, Wainoni, Dallington, and Richmond. Not a cheerful experience. QE2 stadium. View from Frosts Rd".
Photograph captioned by BeckerFraserPhotos, "Morganwood St and Brynn Lane, Bexley".
Photograph captioned by BeckerFraserPhotos, "Oran and Waitaki Streets, Bexley".
Photograph captioned by BeckerFraserPhotos, "Bexley Road and Waitaki Street".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley. Look at the angles in this doorway and the pile of silt".
Photograph captioned by BeckerFraserPhotos, "Seabreeze Close and Wetlands Grove, Bexley".
Photograph captioned by BeckerFraserPhotos, "Micham Place, Fordingham and Sopley Lanes, Bexley".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley. Through the window pane beside the door you can see silt piled about 30 cm high inside the house".
Photograph captioned by BeckerFraserPhotos, "23 Seabreeze Close, Bexley. The view through the window here shows the size of the silt piled against the front door".
Photograph captioned by BeckerFraserPhotos, "25 Seabreeze Close, Bexley. View through the window shows the crack in the floor slab, and a pile of silt in the corner of the room".
Liquefaction around QEII stadium. The photographer comments, "A Sunday afternoon ride to New Brighton, then back via Aranui, Wainoni, Dallington, and Richmond. Not a cheerful experience. QE2 stadium. From Frosts Rd, looking along Robin Tait Drive - the stadium looks OK from this distance, though the land has sunk and become waterlogged".
A sewage pumping station on Avonside Drive near the intersection with Robson Avenue has been lifted out of the ground by liquefaction. The photographer comments, "A Sunday afternoon ride to New Brighton, then back via Aranui, Wainoni, Dallington, and Richmond. Not a cheerful experience. Pumping station. Another hydraulically-lifted sewage pumping station, this time on Avonside Drive".
A sewage pumping station on Avonside Drive has been lifted out of the ground by liquefaction. In the background, the damaged Snell Place footbridge over the Avon River is closed off with cordon fencing. The photographer comments, "A Sunday afternoon ride to New Brighton, then back via Aranui, Wainoni, Dallington, and Richmond. Not a cheerful experience. Dallington footbridge. The two pieces of this foot bridge have moved towards each other, so the bridge has developed quite a peak. The sewage pumping station has been heaved out of the ground by hydraulic pressure during quakes".
Damage to a house in Richmond. The brick wall is badly cracked and twisted, and some bricks have fallen, exposing the lining paper below. The driveway is cracked and covered in liquefaction. The photographer comments, "These photos show our old house in River Rd. More shaking damage on the east wall of the living room at our house".
Damage to a house in Richmond. The brick wall is badly cracked and twisted, and some bricks have fallen, exposing the lining paper and framing below. The driveway is cracked and covered in liquefaction. The photographer comments, "These photos show our old house in River Rd and recovery work around Richmond and St Albans. More shaking damage on the east wall of the living room at our house".
Damage to a house in Richmond. The brick wall is badly cracked and twisted, and some bricks have fallen, exposing the lining paper and framing below. The driveway is cracked and covered in liquefaction. The photographer comments, "These photos show our old house in River Rd and recovery work around Richmond and St Albans. More shaking damage on the east wall of the living room at our house".
Damage to River Road in Richmond. The road surface is badly cracked and slumped, and liquefaction silt covers part of the road. Two people in gumboots walk towards a barrier erected across the road using road cones and warning tape, and in the background the badly twisted Medway Street bridge can be seen. The photographer comments, "Longitudinal cracks indicate lateral movement as the land sagged towards the river. Near 373 River Rd, looking south-east towards Medway St. The Medway St bridge is visible in the background".
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