The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
DAVID BENNETT to the Minister of Finance: How is the Government's economic programme helping to keep interest rates lower during this economic cycle, compared to the previous economic cycle in the mid-2000s?
Dr RUSSEL NORMAN to the Minister of Energy and Resources: How much more is an average New Zealand household that uses 8,000kwh of power annually paying for electricity per year as of November 2013 compared to November 2008, according to the Ministry of Business, Innovation, and Employment's latest Quarterly Survey of Domestic Electricity Prices?
Hon DAVID PARKER to the Minister of Finance: What will he do to "spread some of the benefits of growth" when hourly wage rates have only grown by 1.6 percent in the year to December 2013, which is close to 0 percent in real terms, when 45 percent of listed corporates have double-digit profit growth?
JACQUI DEAN to the Minister for the Environment: What recent announcements has the Government made on the classification for drilling for oil and gas in New Zealand's Exclusive Economic Zone?
GRANT ROBERTSON to the Minister of Justice: When she told the House yesterday "I had previously told Oravida that it could not use my name or photograph to endorse or promote its business products or services" when was that and what specific circumstances did it relate to?
COLIN KING to the Minister for Tertiary Education, Skills and Employment: How is the Youth Guarantee Scheme helping the Government achieve the Better Public Services target of 85 percent of all 18-year-olds achieving NCEA Level two or an equivalent qualification in 2017?
CAROL BEAUMONT to the Minister of Women's Affairs: Does she have confidence in the Ministry of Women's Affairs given their 2013 Annual Report shows that six out of seven policy outcomes have stayed the same or gone backwards in the last past year; if so, why?
SCOTT SIMPSON to the Minister for Courts: How is the Government improving the way the Disputes Tribunal works to make it easier for New Zealanders to resolve civil disputes?
Hon TREVOR MALLARD to the Minister of Internal Affairs: What action, if any, has he taken this year to show the Prime Minister that he has met the highest ethical standards required by Section 2.53 of the Cabinet Manual?
ALFRED NGARO to the Minister of Pacific Island Affairs: What steps is the Government taking to lift the skills of Pacific people in New Zealand?
DENIS O'ROURKE to the Minister for Canterbury Earthquake Recovery: Does he accept the conclusion in the Human Rights Commission's report Monitoring Human Rights in the Canterbury Earthquake Recovery that "many people affected by the earthquakes continue to experience deteriorating standards of living and impacts on their quality of life that go beyond the immediate effects of the disaster"?
CATHERINE DELAHUNTY to the Minister of Energy and Resources: Has he had any discussions with any Indian Government Ministers about selling Solid Energy assets?
Coastal margins are exposed to rising sea levels that present challenging circumstances for natural resource management. This study investigates a rare example of tectonic displacement caused by earthquakes that generated rapid sea-level change in a tidal lagoon system typical of many worldwide. This thesis begins by evaluating the coastal squeeze effects caused by interactions between relative sea-level (RSL) rise and the built environment of Christchurch, New Zealand, and also examples of release from similar effects in areas of uplift where land reclamations were already present. Quantification of area gains and losses demonstrated the importance of natural lagoon expansion into areas of suitable elevation under conditions of RSL rise and showed that they may be necessary to offset coastal squeeze losses experienced elsewhere. Implications of these spatial effects include the need to provide accommodation space for natural ecosystems under RSL rise, yet other land-uses are likely to be present in the areas required. Consequently, the resilience of these environments depends on facilitating transitions between human land-uses either proactively or in response to disaster events. Principles illustrated by co-seismic sea-level change are generally applicable to climate change adaptation due to the similarity of inundation effects. Furthermore, they highlight the potential role of non-climatic factors in determining the overall trajectory of change. Chapter 2 quantifies impacts on riparian wetland ecosystems over an eight year period post- quake. Coastal wetlands were overwhelmed by RSL rise and recovery trajectories were surprisingly slow. Four risk factors were identified from the observed changes: 1) the encroachment of anthropogenic land-uses, 2) connectivity losses between areas of suitable elevation, 3) the disproportionate effect of larger wetland vulnerabilities, and 4) the need to protect new areas to address the future movement of ecosystems. Chapter 3 evaluates the unique context of shoreline management on a barrier sandspit under sea-level rise. A linked scenario approach was used to evaluate changes on the open coast and estuarine shorelines simultaneously and consider combined effects. The results show dune loss from a third of the study area using a sea-level rise scenario of 1 m over 100 years and with continuation of current land-uses. Increased exposure to natural hazards and accompanying demand for seawalls is a likely consequence unless natural alternatives can be progressed. In contrast, an example of managed retreat following earthquake-induced subsidence of the backshore presents a new opportunity to restart saltmarsh accretion processes seaward of coastal defences with the potential to reverse decades of degradation and build sea-level rise resilience. Considering both shorelines simultaneously highlights the existence of pinch-points from opposing forces that result in small land volumes above the tidal range. Societal adaptation is delicately poised between the paradigms of resisting or accommodating nature and challenged by the long perimeter and confined nature of the sandspit feature. The remaining chapters address the potential for salinity effects caused by tidal prism changes with a focus on the conservation of īnanga (Galaxias maculatus), a culturally important fish that supports New Zealand‘s whitebait fishery. Methodologies were developed to test the hypothesis that RSL changes would drive a shift in the distribution of spawning sites with implications for their management. Chapter 4 describes a new practical methodology for quantifying the total productivity and spatiotemporal variability of spawning sites at catchment scale. Chapter 5 describes the novel use of artificial habitats as a detection tools to help overcome field survey limitations in degraded environments where egg mortality can be high. The results showed that RSL changes resulted in major shifts in spawning locations and these were associated with new patterns of vulnerability due to the continuation of pre-disturbance land-uses. Unexpected findings includes an improved understanding of the spatial relationship between salinity and spawning habitat, and identification of an invasive plant species as important spawning habitat, both with practical management implications. To conclude, the design of legal protection mechanisms was evaluated in relation to the observed habitat shifts and with a focus on two new planning initiatives that identified relatively large protected areas (PAs) in the lower river corridors. Although the larger PAs were better able to accommodate the observed habitat shifts inefficiencies were also apparent due to spatial disparities between PA boundaries and the values requiring protection. To reduce unnecessary trade-offs with other land-uses, PAs of sufficient size to cover the observable spatiotemporal variability and coupled with adaptive capacity to address future change may offer a high effectiveness from a network of smaller PAs. The latter may be informed by both monitoring and modelling of future shifts and these are expected to include upstream habitat migration driven by the identified salinity relationships and eustatic sea-level rise. The thesis concludes with a summary of the knowledge gained from this research that can assist the development of a new paradigm of environmental sustainability incorporating conservation and climate change adaptation. Several promising directions for future research identified within this project are also discussed.
