This dissertation explores the advocacy for the Christchurch Town Hall that occurred in 2012-2015 after the Canterbury Earthquakes. It frames this advocacy as an instance of collective-action community participation in a heritage decision, and explores the types of heritage values it expressed, particularly social values. The analysis contextualises the advocacy in post-quake Christchurch, and considers its relationship with other developments in local politics, heritage advocacy, and urban activism. In doing so, this dissertation considers how collective action operates as a form of public participation, and the practical implications for understanding and recognising social value. This research draws on studies of practices that underpin social value recognition in formal heritage management. Social value is held by communities outside institutions. Engaging with communities enables institutions to explore the values of specific places, and to realise the potential of activating local connections with heritage places. Such projects can be seen as participatory practices. However, these processes require skills and resources, and may not be appropriate for all places, communities and institutions. However, literature has understudied collective action as a form of community participation in heritage management. All participation processes have nuances of communities, processes, and context, and this dissertation analyses these in one case. The research specifically asked what heritage values (especially social values) were expressed through collective action, what the relationship was with the participation processes, communities, and wider situation that produced them, and the impact on institutional rhetoric and decisions. The research analysed values expressed in representations made to council in support of the Town Hall. It also used documentary sources and interviews with key informants to analyse the advocacy and decision-making processes and their relationships with the wider context and other grassroots activities. The analysis concluded that the values expressed intertwined social and professional values. They were related to the communities and circumstance that produced them, as an advocacy campaign for a civic heritage building from a Western architectural tradition. The advocacy value arguments were one of several factors that impacted the decision. They have had a lasting impact on rhetoric around the Town Hall, as was a heritage-making practice in its own right. This dissertation makes a number of contributions to the discussion of social value and community in heritage. It suggests connections between advocacy and participation perspectives in heritage. It recommends consideration of nuances of communities, context, and place meanings when using heritage advocacy campaigns as evidence of social value. It adds to the literature on heritage advocacy, and offers a focused analysis of one of many heritage debates that occurred in post-quake Christchurch. Ultimately, it encourages practice to actively integrate social and community values and to develop self-reflexive engagement and valuation processes. Despite inherent challenges, participatory processes offer opportunities to diversify understandings of value, co-produce heritage meanings with communities, and empower citizens in democratic processes around the places they live with and love.
Though generally considered “natural” disasters, cyclones and earthquakes are increasingly being associated with human activities, incubated through urban settlement patterns and the long-term redistribution of natural resources. As society is becoming more urbanized, the risk of human exposure to disasters is also rising. Architecture often reflects the state of society’s health: architectural damage is the first visible sign of emergency, and reconstruction is the final response in the process of recovery. An empirical assessment of architectural projects in post-disaster situations can lead to a deeper understanding of urban societies as they try to rebuild. This thesis offers an alternative perspective on urban disasters by looking at the actions and attitudes of disaster professionals through the lens of architecture, situated in recent events: the 2010 Christchurch earthquake, the 2010 Haiti earthquake, and the 2005 Hurricane Katrina. An empirical, multi-hazard, cross-sectional case study methodology was used, employing grounded theory method to build theory, and a critical constructivist strategy to inform the analysis. By taking an interdisciplinary approach to understanding disasters, this thesis positions architecture as a conduit between two divergent approaches to disaster research: the hazards approach, which studies the disaster cycles from a scientific perspective; and the sociological approach, which studies the socially constructed vulnerabilities that result from disasters, and the elements of social change that accompany such events. Few studies to date have attempted to integrate the multi-disciplinary perspectives that can advance our understanding of societal problems in urban disasters. To bridge this gap, this thesis develops what will be referred to as the “Rittelian framework”—based on the work of UC Berkeley’s architecture professor Horst Rittel (1930-1990). The Rittelian framework uses the language of design to transcend the multiple fields of human endeavor to address the “design problems” in disaster research. The processes by which societal problems are addressed following an urban disaster involve input by professionals from multiple fields—including economics, sociology, medicine, and engineering—but the contribution from architecture has been minimal to date. The main impetus for my doctoral thesis has been the assertion that most of the decisions related to reconstruction are made in the early emergency recovery stages where architects are not involved, but architects’ early contribution is vital to the long-term reconstruction of cities. This precipitated in the critical question: “How does the Rittelian framework contribute to the critical design decisions in modern urban disasters?” Comparative research was undertaken in three case studies of recent disasters in New Orleans (2005), Haiti (2010) and Christchurch (2010), by interviewing 51 individuals who were selected on the basis of employing the Rittelian framework in their humanitarian practice. Contextualizing natural disaster research within the robust methodological framework of architecture and the analytical processes of sociology is the basis for evaluating the research proposition that architectural problem solving is of value in addressing the ‘Wicked Problems’ of disasters. This thesis has found that (1) the nuances of the way disaster agents interpret the notion of “building back better” can influence the extent to which architectural professionals contribute in urban disaster recovery, (2) architectural design can be used to facilitate but also impede critical design decisions, and (3) framing disaster research in terms of design decisions can lead to innovation where least expected. This empirical research demonstrates how the Rittelian framework can inform a wider discussion about post-disaster human settlements, and improve our resilience through disaster research.
This report presents the simplified seismic assessment of a case study reinforced concrete (RC) building following the newly developed and refined NZSEE/MBIE guidelines on seismic assessment (NZSEE/MBIE, semi-final draft 26 October 2016). After an overview of the step-by-step ‘diagnostic’ process, including an holistic and qualitative description of the expected vulnerabilities and of the assessment strategy/methodology, focus is given, whilst not limited, to the implementation of a Detailed Seismic Assessment (DSA) (NZSEE/MBIE, 2016c). The DSA is intended to provide a more reliable and consistent outcome than what can be provided by an initial seismic assessment (ISA). In fact, while the Initial Seismic Assessment (ISA), of which the Initial Evaluation Procedure is only a part of, is the more natural and still recommended first step in the overall assessment process, it is mostly intended to be a coarse evaluation involving as few resources as reasonably possible. It is thus expected that an ISA will be followed by a Detailed Seismic Assessment (DSA) not only where the threshold of 33%NBS is not achieved but also where important decisions are intended that are reliant on the seismic status of the building. The use of %NBS (% New Building Standard) as a capacity/demand ratio to describe the result of the seismic assessment at all levels of assessment procedure (ISA through to DSA) is deliberate by the NZSEE/MBIE guidelines (Part A) (NZSEE/MBIE 2016a). The rating for the building needs only be based on the lowest level of assessment that is warranted for the particular circumstances. Discussion on how the %NBS rating is to be determined can be found in Section A3.3 (NZSEE/MBIE 2016a), and, more specifically, in Part B for the ISA (NZSEE/MBIE 2016b) and Part C for the DSA (NZSEE/MBIE 2016c). As per other international approaches, the DSA can be based on several analysis procedures to assess the structural behaviour (linear, nonlinear, static or dynamic, force or displacement-based). The significantly revamped NZSEE 2016 Seismic Assessment Guidelines strongly recommend the use of an analytical (basically ‘by hand’) method, referred to the Simple Lateral Mechanism Analysis (SLaMA) as a first phase of any other numerically-based analysis method. Significant effort has thus been dedicated to provide within the NZSEE 2016 guidelines (NZSEE/MBIE 2016c) a step-by-step description of the procedure, either in general terms (Chapter 2) or with specific reference to Reinforced Concrete Buildings (Chapter 5). More specifically, extract from the guidelines, NZSEE “recommend using the Simple Lateral Mechanism Analysis (SLaMA) procedure as a first step in any assessment. While SLaMA is essentially an analysis technique, it enables assessors to investigate (and present in a simple form) the potential contribution and interaction of a number of structural elements and their likely effect on the building’s global capacity. In some cases, the results of a SLaMA will only be indicative. However, it is expected that its use should help assessors achieve a more reliable outcome than if they only carried out a detailed analysis, especially if that analysis is limited to the elastic range For complex structural systems, a 3D dynamic analysis may be necessary to supplement the simplified nonlinear Simple Lateral Mechanism Analysis (SLaMA).” This report presents the development of a full design example for the the implementation of the SLaMA method on a case study buildings and a validation/comparison with a non-linear static (pushover) analysis. The step-by-step-procedure, summarized in Figure 1, will be herein demonstrated from a component level (beams, columns, wall elements) to a subassembly level (hierarchy of strength in a beam-column joint) and to a system level (frame, C-Wall) assuming initially a 2D behaviour of the key structural system, and then incorporating a by-hand 3D behaviour (torsional effects).
The increase of the world's population located near areas prone to natural disasters has given rise to new ‘mega risks’; the rebuild after disasters will test the governments’ capabilities to provide appropriate responses to protect the people and businesses. During the aftermath of the Christchurch earthquakes (2010-2012) that destroyed much of the inner city, the government of New Zealand set up a new partnership between the public and private sector to rebuild the city’s infrastructure. The new alliance, called SCIRT, used traditional risk management methods in the many construction projects. And, in hindsight, this was seen as one of the causes for some of the unanticipated problems. This study investigated the risk management practices in the post-disaster recovery to produce a specific risk management model that can be used effectively during future post-disaster situations. The aim was to develop a risk management guideline for more integrated risk management and fill the gap that arises when the traditional risk management framework is used in post-disaster situations. The study used the SCIRT alliance as a case study. The findings of the study are based on time and financial data from 100 rebuild projects, and from surveying and interviewing risk management professionals connected to the infrastructure recovery programme. The study focussed on post-disaster risk management in construction as a whole. It took into consideration the changes that happened to the people, the work and the environment due to the disaster. System thinking, and system dynamics techniques have been used due to the complexity of the recovery and to minimise the effect of unforeseen consequences. Based on an extensive literature review, the following methods were used to produce the model. The analytical hierarchical process and the relative importance index have been used to identify the critical risks inside the recovery project. System theory methods and quantitative graph theory have been used to investigate the dynamics of risks between the different management levels. Qualitative comparative analysis has been used to explore the critical success factors. And finally, causal loop diagrams combined with the grounded theory approach has been used to develop the model itself. The study identified that inexperienced staff, low management competency, poor communication, scope uncertainty, and non-alignment of the timing of strategic decisions with schedule demands, were the key risk factors in recovery projects. Among the critical risk groups, it was found that at a strategic management level, financial risks attracted the highest level of interest, as the client needs to secure funding. At both alliance-management and alliance-execution levels, the safety and environmental risks were given top priority due to a combination of high levels of emotional, reputational and media stresses. Risks arising from a lack of resources combined with the high volume of work and the concern that the cost could go out of control, alongside the aforementioned funding issues encouraged the client to create the recovery alliance model with large reputable construction organisations to lock in the recovery cost, at a time when the scope was still uncertain. This study found that building trust between all parties, clearer communication and a constant interactive flow of information, established a more working environment. Competent and clear allocation of risk management responsibilities, cultural shift, risk prioritisation, and staff training were crucial factors. Finally, the post-disaster risk management (PDRM) model can be described as an integrated risk management model that considers how the changes which happened to the environment, the people and their work, caused them to think differently to ease the complexity of the recovery projects. The model should be used as a guideline for recovery systems, especially after an earthquake, looking in detail at all the attributes and the concepts, which influence the risk management for more effective PDRM. The PDRM model is represented in Causal Loops Diagrams (CLD) in Figure 8.31 and based on 10 principles (Figure 8.32) and 26 concepts (Table 8.1) with its attributes.
The city of Ōtautahi/Christchurch experienced a series of earthquakes that began on September 4th, 2010. The most damaging event occurred on February 22nd, 2011 but significant earthquakes also occurred on June 13th and December 23rd with aftershocks still occurring well into 2012. The resulting disaster is the second deadliest natural disaster in New Zealand’s history with 185 deaths. During 2011 the Canterbury earthquakes were one of the costliest disasters worldwide with an expected cost of up to $NZ30 billion. Hundreds of commercial buildings and thousands of houses have been destroyed or are to be demolished and extensive repairs are needed for infrastructure to over 100,000 homes. As many as 8,900 people simply abandoned their homes and left the city in the first few months after the February event (Newell, 2012), and as many as 50,000 may leave during 2012. In particular, young whānau and single young women comprised a disproportionate number of these migrants, with evidence of a general movement to the North Island. Te Puni Kōkiri sought a mix of quantitative and qualitative research to examine the social and economic impacts of the Christchurch earthquakes on Māori and their whānau. The result of this work will be a collection of evidence to inform policy to support and assist Māori and their whānau during the recovery/rebuild phases. To that end, this report triangulates available statistical and geographical information with qualitative data gathered over 2010 and 2011 by a series of interviews conducted with Māori who experienced the dramatic events associated with the earthquakes. A Māori research team at Lincoln University was commissioned to undertake the research as they were already engaged in transdisciplinary research (began in the May 2010), that focused on quickly gathering data from a range of Māori who experienced the disaster, including relevant economic, environmental, social and cultural factors in the response and recovery of Māori to these events. Participants for the qualitative research were drawn from Māori whānau who both stayed and left the city. Further data was available from ongoing projects and networks that the Lincoln research team was already involved in, including interviews with Māori first responders and managers operating in the CBD on the day of the February event. Some limited data is also available from younger members of affected whānau. Māori in Ōtautahi/Christchurch City have exhibited their own culturally-attuned collective responses to the disaster. However, it is difficult to ascertain Māori demographic changes due to a lack of robust statistical frameworks but Māori outward migration from the city is estimated to range between 560 and 1,100 people. The mobility displayed by Māori demonstrates an important but unquantified response by whānau to this disaster, with emigration to Australia presenting an attractive option for young Māori, an entrenched phenomenon that correlates to cyclical downturns and the long-term decline of the New Zealand economy. It is estimated that at least 315 Māori have emigrated from the Canterbury region to Australia post-quake, although the disaster itself may be only one of a series of events that has prompted such a decision. Māori children made up more than one in four of the net loss of children aged 6 to 15 years enrolled in schools in Greater Christchurch over the year to June 2011. Research literature identifies depression affecting a small but significant number of children one to two years post-disaster and points to increasing clinical and organisational demands for Māori and other residents of the city. For those residents in the eastern or coastal suburbs – home to many of the city’s Māori population - severe damage to housing, schools, shops, infrastructure, and streets has meant disruption to their lives, children’s schooling, employment, and community functioning. Ongoing abandonment of homes by many has meant a growing sense of unease and loss of security, exacerbated by arson, burglaries, increased drinking, a stalled local and national economy, and general confusion about the city’s future. Māori cultural resilience has enabled a considerable network of people, institutions, and resources being available to Māori , most noticeably through marae and their integral roles of housing, as a coordinating hub, and their arguing for the wider affected communities of Christchurch. Relevant disaster responses need to be discussed within whānau, kōhanga, kura, businesses, communities, and wider neighbourhoods. Comprehensive disaster management plans need to be drafted for all iwi in collaboration with central government, regional, and city or town councils. Overall, Māori are remarkably philosophical about the effects of the disaster, with many proudly relishing their roles in what is clearly a historic event of great significance to the city and country. Most believe that ‘being Māori’ has helped cope with the disaster, although for some this draws on a collective history of poverty and marginalisation, features that contribute to the vulnerability of Māori to such events. While the recovery and rebuild phases offer considerable options for Māori and iwi, with Ngāi Tahu set to play an important stakeholder in infrastructural, residential, and commercial developments, some risk and considerable unknowns are evident. Considerable numbers of Māori may migrate into the Canterbury region for employment in the rebuild, and trades training strategies have already been established. With many iwi now increasingly investing in property, the risks from significant earthquakes are now more transparent, not least to insurers and the reinsurance sector. Iwi authorities need to be appraised of insurance issues and ensure sufficient coverage exists and investments and developments are undertaken with a clear understanding of the risks from natural hazards and exposure to future disasters.
Natural hazard disasters often have large area-wide impacts, which can cause adverse stress-related mental health outcomes in exposed populations. As a result, increased treatment-seeking may be observed, which puts a strain on the limited public health care resources particularly in the aftermath of a disaster. It is therefore important for public health care planners to know whom to target, but also where and when to initiate intervention programs that promote emotional wellbeing and prevent the development of mental disorders after catastrophic events. A large body of literature assesses factors that predict and mitigate disaster-related mental disorders at various time periods, but the spatial component has rarely been investigated in disaster mental health research. This thesis uses spatial and spatio-temporal analysis techniques to examine when and where higher and lower than expected mood and anxiety symptom treatments occurred in the severely affected Christchurch urban area (New Zealand) after the 2010/11 Canterbury earthquakes. High-risk groups are identified and a possible relationship between exposure to the earthquakes and their physical impacts and mood and anxiety symptom treatments is assessed. The main research aim is to test the hypothesis that more severely affected Christchurch residents were more likely to show mood and anxiety symptoms when seeking treatment than less affected ones, in essence, testing for a dose-response relationship. The data consisted of mood and anxiety symptom treatment information from the New Zealand Ministry of Health’s administrative databases and demographic information from the National Health Index (NHI) register, when combined built a unique and rich source for identifying publically funded stress-related treatments for mood and anxiety symptoms in almost the whole population of the study area. The Christchurch urban area within the Christchurch City Council (CCC) boundary was the area of interest in which spatial variations in these treatments were assessed. Spatial and spatio-temporal analyses were done by applying retrospective space-time and spatial variation in temporal trends analysis using SaTScan™ software, and Bayesian hierarchical modelling techniques for disease mapping using WinBUGS software. The thesis identified an overall earthquake-exposure effect on mood and anxiety symptom treatments among Christchurch residents in the context of the earthquakes as they experienced stronger increases in the risk of being treated especially shortly after the catastrophic 2011 Christchurch earthquake compared to the rest of New Zealand. High-risk groups included females, elderly, children and those with a pre-existing mental illness with elderly and children especially at-risk in the context of the earthquakes. Looking at the spatio-temporal distribution of mood and anxiety symptom treatments in the Christchurch urban area, a high rates cluster ranging from the severely affected central city to the southeast was found post-disaster. Analysing residential exposure to various earthquake impacts found that living in closer proximity to more affected areas was identified as a risk factor for mood and anxiety symptom treatments, which largely confirms a dose-response relationship between level of affectedness and mood and anxiety symptom treatments. However, little changes in the spatial distribution of mood and anxiety symptom treatments occurred in the Christchurch urban area over time indicating that these results may have been biased by pre-existing spatial disparities. Additionally, the post-disaster mobility activity from severely affected eastern to the generally less affected western and northern parts of the city seemed to have played an important role as the strongest increases in treatment rates occurred in less affected northern areas of the city, whereas the severely affected eastern areas tended to show the lowest increases. An investigation into the different effects of mobility confirmed that within-city movers and temporary relocatees were generally more likely to receive care or treatment for mood or anxiety symptoms, but moving within the city was identified as a protective factor over time. In contrast, moving out of the city from minor, moderately or severely damaged plain areas of the city, which are generally less affluent than Port Hills areas, was identified as a risk factor in the second year post-disaster. Moreover, residents from less damaged plain areas of the city showed a decrease in the likelihood of receiving care or treatment for mood or anxiety symptoms compared to those from undamaged plain areas over time, which also contradicts a possible dose-response relationship. Finally, the effects of the social and physical environment, as well as community resilience on mood and anxiety symptom treatments among long-term stayers from Christchurch communities indicate an exacerbation of pre-existing mood and anxiety symptom treatment disparities in the city, whereas exposure to ‘felt’ earthquake intensities did not show a statistically significant effect. The findings of this thesis highlight the complex relationship between different levels of exposure to a severe natural disaster and adverse mental health outcomes in a severely affected region. It is one of the few studies that have access to area-wide health and impact information, are able to do a pre-disaster / post-disaster comparison and track their sample population to apply spatial and spatio-temporal analysis techniques for exposure assessment. Thus, this thesis enhances knowledge about the spatio-temporal distribution of adverse mental health outcomes in the context of a severe natural disaster and informs public health care planners, not only about high-risk groups, but also where and when to target health interventions. The results indicate that such programs should broadly target residents living in more affected areas as they are likely to face daily hardship by living in a disrupted environment and may have already been the most vulnerable ones before the disaster. Special attention should be focussed on women, elderly, children and people with pre-existing mental illnesses as they are most likely to receive care or treatment for stress-related mental health symptoms. Moreover, permanent relocatees from affected areas and temporarily relocatees shortly after the disaster may need special attention as they face additional stressors due to the relocation that may lead to the development of adverse mental health outcomes needing treatment.
Questions to Ministers 1. CRAIG FOSS to the Minister of Finance: What reports has he received on the economy moving away from government spending, housing speculation and borrowing, and towards savings and exporting? 2. Hon PETE HODGSON to the Prime Minister: Does he stand by his answer to question No 11 yesterday that Sammy Wong did not accompany Pansy Wong on any ministerial trips to China? 3. HONE HARAWIRA to the Associate Minister of Health: What is the rationale behind the move to prohibit the display of tobacco products for sale in retail outlets? 4. Hon DARREN HUGHES to the Minister of Transport: Has he received any feedback or information in support of lowering the adult blood alcohol concentration to 0.05 that has given him any doubt or cause for reflection this year about his decision to retain the level at 0.08? 5. TIM MACINDOE to the Minister of Housing: What recent announcement has he made about the direction of social housing in New Zealand? 6. BRENDON BURNS to the Minister for Canterbury Earthquake Recovery: Is the Government's response package, announced last week to assist Canterbury businesses affected by the 4 September earthquake, universally supported by the Government and its supporters? 7. CATHERINE DELAHUNTY to the Minister for Social Development and Employment: Does she agree with the Alternative Welfare Working Group that welfare reform should be focused on "the relentless pursuit of well-being"? 8. Hon NANAIA MAHUTA to the Minister of Energy and Resources: Will the mining of lignite form part of his New Zealand Energy Strategy? 9. LOUISE UPSTON to the Minister of Education: What were the results of the Programme for International Assessment (PISA), which looked at New Zealand students' achievement in reading, maths and scientific literacy? 10. DARIEN FENTON to the Minister of Transport: How many emails has he received on the decision of the New Zealand Transport Agency to start charging CarJam and similar web-based information services for accessing the Agency's stored basic motor vehicle information? 11. JACQUI DEAN to the Minister of Agriculture: What recent steps has the Government taken to control bovine TB? 12. Hon TREVOR MALLARD to the Minister of Education: Which Minister is to be responsible for the enforcement of the Education Act 1989 in relation to limited attendance early childhood centres following the passing of the Education Amendment Bill (No 2)? Questions to Members 1. Hon DAVID CUNLIFFE to the Chairperson of the Finance and Expenditure Committee: How many submissions have been received on the Student Loan Scheme Bill? 2. Hon DAVID CUNLIFFE to the Chairperson of the Finance and Expenditure Committee: How many submitters on the Student Loan Scheme Bill have requested to be heard in person? 3. CHRIS HIPKINS to the Chairperson of the Local Government and Environment Committee: How many submissions have been received on the Sustainable Biofuel Bill? 4. CHRIS HIPKINS to the Chairperson of the Local Government and Environment Committee: How many submitters on the Sustainable Biofuel Bill have requested to be heard in person? 5. CHRIS HIPKINS to the Chairperson of the Local Government and Environment Committee: How many submissions have been received on the Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill? 6. CHRIS HIPKINS to the Chairperson of the Local Government and Environment Committee: How many submitters on the Southland District Council (Stewart Island/Rakiura Visitor Levy) Empowering Bill have requested to be heard in person? 7. CHRIS HIPKINS to the Chairperson of the Government Administration Committee: How many submissions have been received on the Identity Information Confirmation Bill? 8. CHRIS HIPKINS to the Chairperson of the Government Administration Committee: How many submitters on the Identity Information Confirmation Bill have requested to be heard in person? 9. Hon PAREKURA HOROMIA to the Chairperson of the Māori Affairs Committee: How many submissions have been received on the Marine and Coastal Area (Takutai Moana) Bill? 10. Hon PAREKURA HOROMIA to the Chairperson of the Māori Affairs Committee: How many submitters on the Marine and Coastal Area (Takutai Moana) Bill have requested to be heard in person? 11. Hon DAVID CUNLIFFE to the Chairperson of the Finance and Expenditure Committee: Has the Finance and Expenditure Committee conducted the 2009/10 financial review of the Office of the Retirement Commissioner? 12. DARIEN FENTON to the Chairperson of the Transport and Industrial Relations Committee: How many submissions have been received on the Land Transport (Driver Licensing) Amendment Bill? 13. DARIEN FENTON to the Chairperson of the Transport and Industrial Relations Committee: How many submitters on the Land Transport (Driver Licensing) Amendment Bill have requested to be heard in person? 14. DARIEN FENTON to the Chairperson of the Transport and Industrial Relations Committee: How many submissions have been received on the Land Transport (Road Safety and Other Matters) Amendment Bill? 15. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submissions have been received on the Lawyers and Conveyancers Amendment Bill? 16. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submitters on the Lawyers and Conveyancers Amendment Bill have requested to be heard in person? 17. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submissions have been received on the Legal Services Bill? 18. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submitters on the Legal Services Bill have requested to be heard in person? 19. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submissions have been received on the Sale and Supply of Liquor and Liquor Enforcement Bill? 20. Hon DAVID PARKER to the Chairperson of the Justice and Electoral Committee: How many submitters on the Sale and Supply of Liquor and Liquor Enforcement Bill have requested to be heard in person? 21. Hon DAMIEN O'CONNOR to the Chairperson of the Primary Production Committee: How many submissions have been received on the Food Bill? 22. Hon DAMIEN O'CONNOR to the Chairperson of the Primary Production Committee: How many submitters on the Food Bill have requested to be heard in person? 23. Hon DAMIEN O'CONNOR to the Chairperson of the Primary Production Committee: How many submissions have been received on the Dairy Industry Restructuring (New Sunset Provisions) Amendment Bill? 24. Hon DAMIEN O'CONNOR to the Chairperson of the Primary Production Committee: How many submitters on the Dairy Industry Restructuring (New Sunset Provisions) Amendment Bill have requested to be heard in person?
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