The purpose of this paper is to empirically investigate the effects of a major disaster on the management of human resources in the construction sector. It sets out to identify the construction skills challenges and the factors that affected skills availability following the 2010/2011 earthquakes in Christchurch. It is hoped that this study will provide insights for on-going reconstruction and future disaster response with respect to the problem of skills shortages. Design/methodology/approach A triangulation method was adopted. The quantitative method, namely, a questionnaire survey, was employed to provide a baseline description. Field observations and interviews were used as a follow-up to ascertain issues and potential shortages over time. Three focus groups in the form of research workshops were convened to gain further insight into the feedback and to investigate the validity and applicability of the research findings. Findings The earthquakes in Christchurch had compounded the pre-existing skills shortages in the country due to heightened demand from reconstruction. Skills shortages primarily existed in seismic assessment and design for land and structures, certain trades, project management and site supervision. The limited technical capability available nationally, shortage of temporary accommodation to house additional workers, time needed for trainees to become skilled workers, lack of information about reconstruction workloads and lack of operational capacity within construction organisations, were critical constraints to the resourcing of disaster recovery projects. Research limitations/implications The research findings contribute to the debate on skills issues in construction. The study provides evidence that contributes to an improved understanding of the industry’s skills vulnerability and emerging issues that would likely exist after a major disaster in a resource-limited country such as New Zealand. Practical implications From this research, decision makers and construction organisations can gain a clear direction for improving the construction capacity and capability for on-going reconstruction. Factors that affected the post-earthquake skills availability can be considered by decision makers and construction organisations in their workforce planning for future disaster events. The recommendations will assist them in addressing skills shortages for on-going reconstruction. Originality/value Although the study is country-specific, the findings show the nature and scale of skills challenges the construction industry is likely to face following a major disaster, and the potential issues that may compound skills shortages. It provides lessons for other disaster-prone countries where the resource pool is small and a large number of additional workers are needed to undertake reconstruction.
1. TODD McCLAY to the Minister of Finance: What reports has he received on the economy?
2. KEVIN HAGUE to the Minister of Labour: Does she agree that the test of practicability in the Health and Safety in Employment (Mining-Underground) Regulations 1999 is likely to result in different mines having different safety standards, in contrast to the regulations in place until 1992?
3. Hon ANNETTE KING to the Prime Minister: In light of his comment that "New Zealand is to be congratulated because, at least in terms of the gender pay gap, ours is the third lowest in the OECD", does that mean he is satisfied with the 10.6 percent gap between men's and women's pay in our country?
4. LOUISE UPSTON to the Minister for Social Development and Employment: What reports has she received on the latest benefit numbers?
5. Hon CLAYTON COSGROVE to the Minister for Canterbury Earthquake Recovery: Does he consider the allocation of the value of the land within the rating valuation process to be robust, when it has produced such variable outcomes, leaving many in the red zone with insufficient funds to buy a section to take advantage of the replacement option in their insurance policy?
6. Dr CAM CALDER to the Minister for the Environment: What work is his Ministry doing to help New Zealand take up the opportunity from green growth following the OECD May 2011 report on the high expected global demand for such products and services?
7. Hon MARYAN STREET to the Minister of Foreign Affairs: How many human resources contracts, if any, were let by the Ministry of Foreign Affairs and Trade without tenders being invited in 2010/2011, and what criteria were used to assess non-tendered contractors?
8. PAUL QUINN to the Minister of Transport: What is the Government doing to improve Wellington's commuter rail network?
9. METIRIA TUREI to the Prime Minister: Does he stand by his statement "there is no question in my mind - someone would be better off in paid employment than on welfare. If they were not, that is a real indictment on the welfare system"?
10. Hon TREVOR MALLARD to the Minister of Finance: When he said that "I did visit the Chinese Investment Corporation … They are very pleased with New Zealand's economic policy", was one of the policies he discussed with this foreign sovereign wealth fund his plan for privatising state assets?
11. JAMI-LEE ROSS to the Minister of Broadcasting: What recent announcements has the Government made on progress towards digital switchover?
12. GRANT ROBERTSON to the Minister of Health: Does he stand by his statement to the Cabinet Expenditure Control Committee that "we may need to take some tough choices regarding the scope and range of services the public health system can provide to New Zealanders"?
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
