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Audio, Radio New Zealand

Christchurch Regeneration Minister Megan Woods says it could take 18 months to decide who is liable for the repairs for 660 home-owners caught in legal limbo. They've bought homes where they thought all the earthquake damage had been repaired - and now find more problems have emerged. Ms Woods told us it's not clear who is liable for these repairs - and it could take as long as 18 months to resolve that basic liability issue. EQC's chief executive Sid Miller has already apologised. He tells Susie Ferguson it's an issue he's been aware of in the year he has been with EQC.

Audio, Radio New Zealand

Ngai Tahu says its people are turning to the tribe for help with legal and engineering advice about their earthquake-damaged homes in Christchurch; The Chairperson of the Maori Midwives Collective Nga Maia, says the earthquake a year ago forced the organisation to start its administrative operations from scratch; Efforts are underway to find out how many Maori left Christchurch after the earthquake; The Ngai Tahu hapu, Ngai Tuahuriri in Christchurch, will be welcoming the Governor-General to Rehua Marae this morning to commemorate the anniversary of last year's earthquake; Christchurch will hear today whether it'll be hosting the biggest Maori performance event on the calendar - Te Matatini National Festival.

Research papers, University of Canterbury Library

This paper presents the preliminary conclusions of the first stage of Wellington Case Study project (Regulating For Resilience in an Earthquake Vulnerable City) being undertaken by the Disaster Law Research Group at the University of Canterbury Law School. This research aims to map the current regulatory environment around improving the seismic resilience of the urban built environment. This work provides the basis for the second stage of the project which will map the regulatory tools onto the reality of the current building stock in Wellington. Using a socio-legal methodology, the current research examines the regulatory framework around seismic resilience for existing buildings in New Zealand, with a particularly focus on multi-storey in the Wellington CBD. The work focusses both on the operation and impact of the formal seismic regulatory tools open to public regulators (under the amended Building Act) as other non-seismic regulatory tools. As well as examining the formal regulatory frame, the work also provides an assessment of the interactions between other non-building acts (such as Health and Safety at Work Act 2015) on the requirements of seismic resilience. Other soft-law developments (particularly around informal building standards) are also examined. The final output of this work will presents this regulatory map in a clear and easily accessible manner and provide an assessment of the suitability of this at times confusing and patchy legal environment as Wellington moves towards becoming a resilient city. The final conclusion of this work will be used to specifically examine the ability of Wellington to make this transition under the current regulatory environment as phase two of the Wellington Case Study project.

Research papers, University of Canterbury Library

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.

Images, Alexander Turnbull Library

Shows a sick and damaged Christchurch Anglican Cathedral in a hospital bed with two attendants. The Cathedral asks 'Can ya just pull the plug and let me die peacefully?'. Context refers to recent comments by Bishop Victoria Matthews that the Christchurch Cathedral is 'being left to die with no dignity' because of ongoing legal battles about its future. There has been ongoing debate and controversy over whether the Cathedral should be demolished, reconstructed or restored following damage suffered in the February 2011 Earthquake. Quantity: 1 digital cartoon(s).

Research Papers, Lincoln University

The world experiences a number of disasters each year. Following a disaster, the affected area moves to a phase of recovery which involves multiple stakeholders. An important element of recovery is planning the rebuild of the affected environment guided by the legislative framework to which planning is bound to (March & Kornakova, 2017). Yet, there appears to be little research that has investigated the role of planners in a recovery setting and the implications of recovery legislative planning frameworks. This study was conducted to explore the role of the planner in the Canterbury earthquake recovery process in New Zealand and the impact of the Canterbury Earthquake Recovery Act 2011 (CER Act) on planners’ roles and how they operated. The methodology comprised a combination of document analysis of legislation and related recovery material and 21 semi-structured interviews with key planners, politicians and professionals involved in the recovery. The results suggest that the majority of planners interviewed were affected by the CER Act in their role and how they operated, although institutional context, especially political constraints, was a key factor in determining the degree of impact. It is argued that planners played a key role in recovery and were generally equipped in terms of skills needed in a recovery setting. In order to better utilise planners in post-disaster recovery or disaster risk management, two suggestions are proposed. Firstly, better promote planners and their capabilities to improve awareness of what planners can do. Secondly, educate and build an understanding between central government politicians and planners over each others role to produce better planning outcomes.

Images, Alexander Turnbull Library

Text at top left reads 'Earthquake... aftershock... or "new event"... one thing remains constant...' Below is a snail with 'EQC payments' printed on its shell. Context - This is a reference to the problems that Christchurch people are having in getting payments from the EQC (Earthquake Commission) Disgruntled tradespeople who are owed hundreds of thousands of dollars by EQC are considering legal action. Remaining unpaid can mean that companies may have to consider laying people off. The Amalgamated Workers Union says delays in EQC payments for housing repair work in quake-hit Christchurch are building to a crisis point. Two versions of this cartoon are available Quantity: 2 digital cartoon(s).

Audio, Radio New Zealand

A review of the week's news, including... A Government decision not to back a national hui on water rights is dismissed as irrelevant by its organisers and do precedent setting legal cases involving large settlements such as the Sealords Fisheries deal apply in this case of fresh water?, scores of jobs are being axed at the Tiwai Point Aluminum Smelter, opposition parties and unions are continuing to pound the Government with criticism about it's jobs creation record and the Government's response from the Finance Minister, the country's medical laboratories are being called on to make urgent changes after biopsy sample mix-ups which led to four women having breasts removed when they didn't have cancer, it's two years since a magnitude 7.1 earthquake shook Canterbury, children take antibiotics after the frightening death of a 12 year Wellington girl from meningococcal disease and a statue of Christ is returning from the wilderness, as a twelve-year mystery surrounding its fate is solved.

Audio, Radio New Zealand

The Earthquake Commission has settled with a Christchurch homeowner, just days before their test case was due to be heard at the High Court. Jamie Gibling used his KiwiSaver to buy his first family home in New Brighton after the quakes, believing it had been properly repaired. He later learned the repairs were botched and would cost $300,000 to fix. His "onsold" test case was supposed to be heard on Monday to clarify who was liable. But today EQC announced it had reached a settlement with the family and that agreement would provide a framework for the 54 other claimants also with Shine Lawyers. Finance and EQC Minister Grant Robertson last week announced an "onsold" settlement kitty of $300 million for the next 12 months but legal experts working with claimants have told Checkpoint it could cost taxpayers much much more. EQC's Deputy Chief Executive is Renee Walker. On Thursday she came into the studio and Lisa Owen asked her if the Giblings got what they asked for and if the 54 others who signed up to the class action would get the same.

Audio, Radio New Zealand

A Christchurch couple locked in an ongoing legal battle with state-owned quake insurer Southern Response says it is sobering for a Court of Appeal decision to go their way, one decade on from the harrowing earthquakes. An earlier High Court decision found Southern Response guilty of misleading and deceptive behaviour when it short-changed Karl and Alison Dodds tens of thousands of dollars after their quake damaged house was written off. The Dodds say they were tricked into accepting a lower offer from Southern Response only to later discover the insurer had kept secret from them a second higher estimate to rebuild their damaged house, a so-called second secret detailed repair and rebuild analysis (DRA). The High Court ordered Southern Response to pay the Dodds almost $180,000 in damages, plus costs. But the government appealed the decision, saying it needed clarity, because of the thousands of similar cases it could be liable for. The Court of Appeal reduced the damages Southern Response has to pay $10,656.44 due to an earlier error in calculations. The Minister responsible Grant Robertson has declined to be interviewed. Southern Response also declined to be interviewed. Neither have ruled out appealing the decision in the Supreme Court.

Research Papers, Lincoln University

The earthquake swarm that has struck Canterbury, New Zealand from September 2010 has led to widespread destruction and loss of life in the city of Christchurch. In response to this the New Zealand government convened a Royal Commission under the Commissions of Inquiry Act 1908. The terms of reference for this enquiry were wide ranging, and included inquiry into legal and best-practice requirements for earthquake-prone buildings and associated risk management strategies. The Commission produced a final report on earthquake-prone buildings and recommendations which was made public on the 7th December 2012. Also on the 7th of December 2012 the Ministry of Business, Innovation and Employment (MBIE) released a Consultation Document that includes many of the recommendations put forward by the Royal Commission. This paper examines the evidence presented to the Royal Commission and reviews their recommendations and those of MBIE in relation to the management of earthquake-prone buildings. An analysis of the likely impacts of the recommendations and proposals on both the property market and society in general is also undertaken.

Research papers, University of Canterbury Library

Earthquakes impacting on the built environment can generate significant volumes of waste, often overwhelming existing waste management capacities. Earthquake waste can pose a public and environmental health hazard and can become a road block on the road to recovery. Specific research has been developed at the University of Canterbury to go beyond the current perception of disaster waste as a logistical hurdle, to a realisation that disaster waste management is part of the overall recovery process and can be planned for effectively. Disaster waste decision-makers, often constrained by inappropriate institutional frameworks, are faced with conflicting social, economic and environmental drivers which all impact on the overall recovery. Framed around L’Aquila earthquake, Italy, 2009, this paper discusses the social, economic and environmental effects of earthquake waste management and the impact of existing institutional frameworks (legal, financial and organisational). The paper concludes by discussing how to plan for earthquake waste management.

Audio, Radio New Zealand

A review of the week's news including... A tsunami warning after a severe 7.1 earthquake north of East Cape, Havelock North's residents finally get the chance to grill their local leaders, the Environment Minister says people who insist that every lake and river should be safe to swim in are being unrealistic, Kim Dotcom wins his bid to live stream his High Court appeal against his extradition, New Zealanders who've been living in Australia for up to ten years say they're reaching breaking point, legal action over faulty steel mesh triggers doubts about some house insurance, a prominent Maori leader is found guilty of defrauding his fellow trustees in the Wellington Tenths Trust, a South Canterbury farming official says stealing 500 cows is like stealing the Crown jewels - complicated but not impossible, Auckland mayoral candidate Vic Crone pledges to bring forward the cross-harbour tunnel project by a decade or more after saying she'd make no commitments on it, while another candidate, Phil Goff wants to introduce a living wage for all council staff, the transgender community wants the waiting times for sex change operations cut, a sit down chat with Olympic pole vaulting bronze medalist Eliza McCartney and the real story behind the 2nd Bledisloe Cup test in Wellington from a former Wallaby.

Audio, Radio New Zealand

A review of the week's news including... a two billion dollar pay equity settlement, the Government announces changes it says are aimed at improving the quality of immigrants and controlling the quantity, irresponsible, unsafe, and unethical -- that's how a new Netflix series aimed at teenagers is being described, the top family court judge fires back at criticisms levelled at the court system by a new women's advocacy group, the Prime Minister who oversaw the dramatic undermining of unions now says unions have probably become too small, a review of Mental Health Services finds they are under pressure, under resourced and not widely understood, the Air Force's NH90 helicopters have been all but grounded, an eight-year-old girl is pulled alive from Manukau Harbour after treading water for more than two hours, the conversion of thousands of hectares of the Mackenzie Basin to dairy farms has been halted, tampons and sanitary pads will not be subsidised for all women by Pharmac, the government department set up to make the economy bigger isn't sure it can reach the goals it set for itself, Central Christchurch residents say they're under siege from sex workers and are threatening legal action, the massive Kaikoura earthquake may have saved the town from having to spend millions of dollars and the largest multi-sport event in the world has arrived in Auckland.

Research papers, University of Canterbury Library

The timeliness and quality of recovery activities are impacted by the organisation and human resourcing of the physical works. This research addresses the suitability of different resourcing strategies on post-disaster demolition and debris management programmes. This qualitative analysis primarily draws on five international case studies including 2010 Canterbury earthquake, 2009 L’Aquila earthquake, 2009 Samoan Tsunami, 2009 Victorian Bushfires and 2005 Hurricane Katrina. The implementation strategies are divided into two categories: collectively and individually facilitated works. The impacts of the implementation strategies chosen are assessed for all disaster waste management activities including demolition, waste collection, transportation, treatment and waste disposal. The impacts assessed include: timeliness, completeness of projects; and environmental, economic and social impacts. Generally, the case studies demonstrate that detritus waste removal and debris from major repair work is managed at an individual property level. Debris collection, demolition and disposal are generally and most effectively carried out as a collective activity. However, implementation strategies are affected by contextual factors (such as funding and legal constraints) and the nature of the disaster waste (degree of hazardous waste, geographical spread of waste etc.) and need to be designed accordingly. Community involvement in recovery activities such as demolition and debris removal is shown to contribute positively to psychosocial recovery.

Audio, Radio New Zealand

A review of the week's news including... An immigration lawyer says 'paying for jobs' is so rampant in New Zealand there needs to be a fresh look at powers available to officials, criminals are using sex to blackmail Indian male students, Auckland lays out its plan to spend 83 billion dollars on transport, the electrified section of the main trunk line between Auckland and Wellington could be mothballed, frustrated advocates are calling for better reporting of suicides committed by current and former members of the military, doctors say making voluntary euthanasia legal would involve many complex and difficult decisions and New Zealand should avoid it, the Morning Report Wellington mayoral candidates debate, a Maori fisheries body wants the Maori Party to abandon its support for the Government if plans for a Kermadec ocean sanctuary go ahead unchanged, Maori representation becomes a virtual no-go area for those vying for public office in New Plymouth, Colin Craig denies ever sending his former press secretary explicit text messages, the United Nations Committee on the Rights of the Child raises concerns about the naming of the new children's ministry, MPs hear emotional pleas from the family of soldiers killed in action and buried in Malaysia for the government to bring their remains home, Bruce Springsteen and the E Street Band will perform in Christchurch on the eve of the sixth anniversary of the Canterbury earthquakes this summer and Prince Charles praises New Zealand soldiers who fought at the Somme at a centennary ceremony in Northern France.

Research papers, University of Canterbury Library

Mr Wayne Tobeck, Director of Southrim Group (SRG), sponsored this 2013 MEM Project titled; A Technical and Economic Feasibility Study for the Integration of GSHP Technology in the Christchurch Rebuild. Following the recent Christchurch earthquakes, a significant amount of land has become too unstable to support traditional building foundations. This creates an opportunity to implement new and unique foundation designs previously unconsidered due to high costs compared to traditional methods. One such design proposes that an Injection Micro-Piling technique could be used. This can also be coupled with HVAC technology to create a Ground Source Heat Pump (GSHP) arrangement in both new buildings and as retrofits for building requiring foundation repair. The purpose of this study was to complete a feasibility study on the merits of SRG pursuing this proposed product. A significant market for such a product was found to exist, while the product was also found to be technically and legally feasible. However, the proposed product was found to not be economically feasible with respect to Air Source Heat Pumps due to the significantly higher capital and installation costs required. Further analysis suggests GSHPs may become more economically attractive in operating temperatures lower than -9oC, though the existence of markets with this climate in NZ has not been studied. It is therefore suggested that SRG do not proceed with plans to develop a GSHP coupled foundation solution for the Christchurch rebuild.

Research papers, The University of Auckland Library

The 2010–2011 Canterbury earthquakes, which involved widespread damage during the February 2011 event and ongoing aftershocks near the Christchurch Central Business District, left this community with more than $NZD 40 billion in losses (~20 % GDP), demolition of approximately 60 % of multi-storey concrete buildings (3 storeys and up), and closure of the core business district for over 2 years. The aftermath of the earthquake sequence has revealed unique issues and complexities for the owners of commercial and multi-storey residential buildings in relation to unexpected technical, legal, and financial challenges when making decisions regarding the future of their buildings impacted by the earthquakes. The paper presents a framework to understand the factors influencing post-earthquake decisions (repair or demolish) on multi-storey concrete buildings in Christchurch. The study, conducted in 2014, includes in-depth investigations on 15 case-study buildings using 27 semi-structured interviews with various property owners, property managers, insurers, engineers, and government authorities in New Zealand. The interviews revealed insights regarding the multitude of factors influencing post-earthquake decisions and losses. As expected, the level of damage and repairability (cost to repair) generally dictated the course of action. There is strong evidence, however, that other variables have significantly influenced the decision on a number of buildings, such as insurance, business strategies, perception of risks, building regulations (and compliance costs), and government decisions. The decision-making process for each building is complex and unique, not solely driven by structural damage. Furthermore, the findings have put the spotlight on insurance policy wordings and the paradoxical effect of insurance on the recovery of Christchurch, leading to other challenges and issues going forward.

Research papers, The University of Auckland Library

Territorial authorities in New Zealand are responding to regulatory and market forces in the wake of the 2011 Christchurch earthquake to assess and retrofit buildings determined to be particularly vulnerable to earthquakes. Pending legislation may shorten the permissible timeframes on such seismic improvement programmes, but Auckland Council’s Property Department is already engaging in a proactive effort to assess its portfolio of approximately 3500 buildings, prioritise these assets for retrofit, and forecast construction costs for improvements. Within the programme structure, the following varied and often competing factors must be accommodated: * The council’s legal, fiscal, and ethical obligations to the people of Auckland per building regulations, health and safety protocols, and economic growth and urban development planning strategies; * The council’s functional priorities for service delivery; * Varied and numerous stakeholders across the largest territorial region in New Zealand in both population and landmass; * Heritage preservation and community and cultural values; and * Auckland’s prominent economic role in New Zealand’s economy which requires Auckland’s continued economic production post-disaster. Identifying those buildings most at risk to an earthquake in such a large and varied portfolio has warranted a rapid field assessment programme supplemented by strategically chosen detailed assessments. Furthermore, Auckland Council will benefit greatly in time and resources by choosing retrofit solutions, techniques, and technologies applicable to a large number of buildings with similar configurations and materials. From a research perspective, the number and variety of buildings within the council’s property portfolio will provide valuable data for risk modellers on building typologies in Auckland, which are expected to be fairly representative of the New Zealand building stock as a whole.

Research papers, University of Canterbury Library

The Canterbury earthquakes of 2010 and 2011 caused significant damage and disruption to the city of Christchurch, New Zealand. A Royal Commission was established to report on the causes of building failure as a result of the earthquakes as well as look at the legal and best-practice requirements for buildings in New Zealand Central Business Districts. The Royal Commission made 189 recommendations on a variety of matters including managing damaged buildings after an earthquake, the adequacy of building codes and standards, and the processes of seismic assessments of existing buildings to determine their earthquake vulnerability. In response the Ministry of Business, Innovation and Employment, the agency responsible for administering building regulation in New Zealand, established a work programme to assist with the Canterbury rebuild and to implement the lessons learned throughout New Zealand. The five primary work streams in the programme are: • Facilitating the Canterbury Rebuild • Structural Performance and Design Standards • Geotechnical and structural guidance • Existing Building Resilience • Post Disaster Building Management This paper provides more detail on each of the work streams. There has been significant collaboration between the New Zealand Government and the research community, technical societies, and engineering consultants, both within New Zealand and internationally, to deliver the programme and improve the resilience of the New Zealand built environment. This has presented major challenges for an extremely busy industry in the aftermath of the Canterbury earthquakes. The paper identifies the items of work that have been completed and the work that is still in progress at the time of writing.

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

Videos, UC QuakeStudies

A video of a presentation by Dr Erin Smith during the Community Resilience Stream of the 2016 People in Disasters Conference. The presentation is titled, "A Qualitative Study of Paramedic Duty to Treat During Disaster Response".The abstract for this presentation reads as follows: Disasters place unprecedented demands on emergency medical services and test paramedic personal commitment to the health care profession. Despite this challenge, legal guidelines, professional codes of ethics and ambulance service management guidelines are largely silent on the issue of professional obligations during disasters. They provide little to no guidance on what is expected of paramedics or how they ought to approach their duty to treat in the face of risk. This research explores how paramedics view their duty to treat during disasters. Reasons that may limit or override such a duty are examined. Understanding these issues is important in enabling paramedics to make informed and defensible decisions during disasters. The authors employed qualitative methods to gather Australian paramedic perspectives. Participants' views were analysed and organised according to three emerging themes: the scope of individual paramedic obligations, the role and obligations of ambulance services, and the broader ethical context. Our findings suggest that paramedic decisions around duty to treat will largely depend on their individual perception of risk and competing obligations. A reciprocal obligation is expected of paramedic employers. Ambulance services need to provide their employees with the best current information about risks in order to assist paramedics in making defensible decisions in difficult circumstances. Education plays a key role in providing paramedics with an understanding and appreciation of fundamental professional obligations by focusing attention on both the medical and ethical challenges involved with disaster response. Finally, codes of ethics might be useful, but ultimately paramedic decisions around professional obligations will largely depend on their individual risk assessment, perception of risk, and personal value systems.

Audio, Radio New Zealand

DAVID SHEARER to the Prime Minister: Does he stand by all his statements in relation to Kim Dotcom and the inquiry into the actions of the Government Communications Security Bureau? METIRIA TUREI to the Minister for Social Development: Does she have confidence that the Ministry of Social Development can keep private information it holds confidential? KATRINA SHANKS to the Minister of Finance: What are the main features of the Government's plan to build a more competitive economy based on more savings, higher exports and less debt? JACINDA ARDERN to the Minister for Social Development: Has the Ministry of Social Development competently managed the private information in its charge? Peseta SAM LOTU-IIGA to the Minister for Social Development: What children will the White Paper for Vulnerable Children be targeting? CHRIS HIPKINS to the Minister of Education: What specific criteria were used to determine whether a school in Christchurch was identified for restoration, consolidation or rejuvenation? Dr RUSSEL NORMAN to the Minister responsible for the GCSB: What were the dates of the three cases that the Government Communications Security Bureau audit highlighted, because they could not assure him "that the legal position is totally clear", as referred to in his statement of 3 October 2012? Rt Hon WINSTON PETERS to the Prime Minister: Does he stand by his answer to my Question for Written Answer 3326 (2012)? Hon LIANNE DALZIEL to the Minister of Civil Defence: Why did he reject the independent Civil Defence Emergency Management earthquake review's recommendation, which was made in response to the finding that duplication of control was "not only inefficient but put people and property at risk", and that "the same situation could arise in a number of different parts of New Zealand"? MIKE SABIN to the Minister of Veterans' Affairs: What is the Government doing to improve the support and recognition given to veterans? GRANT ROBERTSON to the Prime Minister: Does he have confidence in Hon John Banks; if so, why? NICKY WAGNER to the Minister responsible for the Earthquake Commission: What is the objective of the Government review of the EQC?

Audio, Radio New Zealand

Questions to Ministers 1. Hon ANNETTE KING to the Minister for Social Development and Employment: How many working-age people are currently receiving a main benefit and how does this compare to July 2010? 2. AMY ADAMS to the Minister of Finance: What reports has he received on the cost of damage from the Canterbury earthquake? 3. Hon DAVID CUNLIFFE to the Minister of Finance: Will he agree to a full public and independent Commission of Inquiry into the collapse of South Canterbury Finance? 4. METIRIA TUREI to the Attorney-General: Does he stand by his statement that the Marine and Coastal Area (Takutai Moana) Bill "treats all New Zealanders including Māori without discrimination"? 5. Hon DARREN HUGHES to the Minister of Transport: Does he stand by his statement that "the Government is totally committed to the SuperGold Card"? 6. TIM MACINDOE to the Minister for Social Development and Employment: What is the Government doing to support the Canterbury community through the earthquake recovery? 7. Hon TREVOR MALLARD to the Minister of Education: Does she stand by all of her statements in answer to oral question No. 8 yesterday? 8. Dr PAUL HUTCHISON to the Minister of Health: What reports has he received on the Canterbury District Health Board's actions following the Canterbury earthquake? 9. Hon DAVID PARKER to the Attorney-General: Given his answer yesterday that he agreed with the Prime Minister's statement earlier this year, "in the end if we can't reach an agreement then the status quo will remain", what acknowledgement, if any, has he received from the Māori Party that the new legal framework for settling foreshore and seabed claims will be "durable"? 10. Dr JACKIE BLUE to the Minister of Transport: What updates has he received on transport in and around Canterbury following the earthquake and numerous aftershocks? 11. DARIEN FENTON to the Minister of Labour: Is she currently considering any changes to employment law that were not included in the changes announced at the National Party Conference; if so, what are they? 12. KATRINA SHANKS to the Minister of Housing: How is the Department of Building and Housing working to keep landlords and tenants informed of their rights and responsibilities following the Christchurch earthquake?

Audio, Radio New Zealand

There have been dramatic scenes at the America's cup in Bermuda with Team New Zealand capsizing at the start of its second race of the day against the Bristish team Ben Ainslie Racing. Our America's Cup correspondent Todd Niall was at the Team New Zealand base. Transport Minister Simon Bridges has been caught trying to block an Official Information request for details about a proposed new 50 million dollar Auckland railway line. Kiwirail argued it was legally required to release the information, but the idea of releasing that information was making Mr Bridges 'extremely uncomfortable.' A man believed to be an Algerian student has attacked a police officer with a hammer outside Notre-Dame Cathedral in Paris. Our correspondent Peter Allen says there is still a heavy police presence. The Labour Party says the government is short changing the health sector to the tune of $2.3 billion. The party's leader Andrew Little says funding hasn't kept up with the growing population and changing demographic. The United States secretary of state Rex Tillerson used a fleeting visit to Wellington yesterday to emphasise the importance of the Asia Pacific region and denying the US is stepping back from involvement here. Foreign affairs minister Gerry Brownlee says the US pulling out of the TPP doesn't prove anything. The immediate aftermath of the devastating 2011 Christchurch earthquake and its ongoing impact on residents' mental health is being described as a recovery of two halves. The latest wellbeing survey from the Canterbury District Health Board shows that one in five people, predominantly those living in the eastern suburbs, say they experience stress most or all of the time. Nicky Wagner, the Minister supporting Greater Christchurch Regeneration, says the city has a good quality of life when compared to the rest of the country, despite a new survey showing one in five people say they experience stress most or all of the time. Ms Wagner, says 82 per cent have a good or very good quality of life in Christchurch, which compares with 81 percent nationwide. She says the east side of the city is very low lying and suffered the most damage and work is still being down in that area.

Audio, Radio New Zealand

Questions to Ministers 1. JONATHAN YOUNG to the Minister of Finance: What advice has he received about factors that lie behind the current turmoil we are witnessing on world financial markets, and what are the implications for New Zealand? 2. KEVIN HAGUE to the Minister of Labour: Does she still agree, as she did on 13 July 2011, with the comment made by Rt Hon John Key on 22 November 2010 that "I have no reason to believe that New Zealand safety standards are any less than Australia's and in fact our safety record for the most part has been very good"? 3. Hon ANNETTE KING to the Prime Minister: Does he stand by his answers to Oral Question No 1 yesterday when he said that the Leader of the Opposition is "just plain wrong" in relation to skills training? 4. KATRINA SHANKS to the Minister for the Environment: How have Government reforms to the Resource Management Act helped increase competition in the grocery business? 5. Hon CLAYTON COSGROVE to the Attorney-General: Will he meet with earthquake victims' families to hear directly why they need independent legal representation; if not, why not? 6. Hon JOHN BOSCAWEN to the Minister of Finance: Does he stand by his statement that "I think the New Zealand Institute of Economic Research is referring to some longer-term issues around demographic change and healthcare costs, and we share the chief executive's concern"? 7. DARIEN FENTON to the Minister of Labour: What is the timeline of the ministerial inquiry into the treatment of foreign fishing crews in New Zealand waters? 8. CHRIS AUCHINVOLE to the Minister for Communications and Information Technology: What progress is being made on the Government's goal of delivering fast broadband to rural areas? 9. Dr KENNEDY GRAHAM to the Minister for Canterbury Earthquake Recovery: Does he agree that an appropriate part of the "red zone" area along the Avon River through Christchurch should be transformed into a "green space" for memorial and recreational public purposes? 10. STUART NASH to the Minister of Finance: Does he believe the tax system is fair for all New Zealanders? 11. KANWALJIT SINGH BAKSHI to the Minister for Social Development and Employment: What steps has the Government taken to manage gateways between benefits? 12. KELVIN DAVIS to the Minister of Education: Does she stand by all of her answers to Oral Question No 8 yesterday?

Audio, Radio New Zealand

TE URUROA FLAVELL to the Minister of Conservation: Does he agree with Parliamentary Commissioner for the Environment, Dr Jan Wright, that joint decision-making with the Minister for Energy and Resources on mining the conservation estate undermines the role of the Minister of Conservation as guardian of that estate, and how will he respond to her advice to Parliament that conservation should take precedence? Hon DAVID CUNLIFFE to the Prime Minister: Does he stand by his statement that "for most New Zealanders an indicator of how well the economy is doing is whether or not they can keep up with the cost of living"; if so, is he satisfied that they currently can? Hon TAU HENARE to the Minister of Finance: What reports has he received on inequality in New Zealand, and how do recent changes in trends compare to other countries? Hon DAVID PARKER to the Minister of Finance: Does he agree with BERL that "outside of dairy and forestry, export receipts have effectively flatlined since April 2009" and that "The risks inherent in such a narrowing of our export base should be of concern to all"; if not, why not? Dr CAM CALDER to the Minister for Tertiary Education, Skills and Employment: What announcements has he made about the Māori and Pasifika Trades Training initiative? Dr RUSSEL NORMAN to the Prime Minister: Does he stand by all his Government's decisions? PAUL FOSTER-BELL to the Minister of Housing: What progress has he made with local government in securing Housing Accords under the legislation passed last year, and how are they increasing the supply and affordability of housing? Hon ANNETTE KING to the Minister of Health: What was the original forecast cost for Health Benefits Limited and what is the revised forecast cost now, if any? MAGGIE BARRY to the Minister of Education: What recent announcements has she made on the Government's $359 million investment to raise student achievement? Hon RUTH DYSON to the Minister for Canterbury Earthquake Recovery: How much has the Canterbury Earthquake Recovery Authority spent on legal fees in the last 3 years? DENIS O'ROURKE to the Minister of Transport: When will the Government provide a comprehensive and integrated land transport plan for New Zealand? PAUL GOLDSMITH to the Minister of Revenue: What is the objective of the Government's recently announced Taxpayer's Simplification Panel?

Audio, Radio New Zealand

TE URUROA FLAVELL to the Minister of Justice: Is she satisfied with the Electoral Commission's engagement with whanau, hapū, iwi and marae around the 2013 Māori Electoral Option; if so, what advice has she received that would explain why halfway through the process there are only 5,000 new enrolments? DAVID SHEARER to the Prime Minister: On what date was he, his office or the Department of Prime Minister and Cabinet first informed that David Henry would not meet his deadline of the end of May as set out in the terms of reference for reporting back and what reason did Mr Henry provide for the delay? KATRINA SHANKS to the Minister of Finance: What do recent indicators show about the economy's performance this year and its outlook for the next three to four years? DAVID SHEARER to the Prime Minister: Has he received any information that shows foreign intelligence agencies are routinely collecting emails, other communication or location data on New Zealand citizens and residents while they are in New Zealand; if so, has the resulting information been passed on to the Government Communications Security Bureau? ALFRED NGARO to the Minister of Education: What recent announcement has she made about achievement against National Standards? METIRIA TUREI to the Minister for Economic Development: Will the Government sign the legal contract between it and SkyCity for the SkyCity Convention Centre this week; if not, when will it sign this agreement? JAMI-LEE ROSS to the Minister of Housing: What policy conclusions, if any, does the Government draw from Priced Out – How New Zealand Lost its Housing Affordability and how consistent are its findings with those of the 2012 Productivity Commission Report on housing affordability? Hon ANNETTE KING to the Minister of Health: Does he stand by all his statements on health; if not, why not? NICKY WAGNER to the Minister for Canterbury Earthquake Recovery: How will the Government support the redevelopment and repopulation of the Christchurch Central Business District following the Canterbury earthquakes? CHRIS HIPKINS to the Minister of Education: Is she confident that the National Standards data being released today gives an accurate picture of student progress; if not, why not? Rt Hon WINSTON PETERS to the Prime Minister: Did he discuss with David Henry the requirement for Mr Henry to see the full unedited electronic record connected with the Kitteridge report leak; if not, why not? JOHN HAYES to the Minister of Customs: What information has he received regarding the success of automated passenger processing systems at the border?

Audio, Radio New Zealand

Hon PHIL HEATLEY to the Minister of Finance: What reports has he received on the economy – and especially on further signs of economic momentum in the regions and among manufacturers? Dr RUSSEL NORMAN to the Minister of Finance: How much did the Government's share sales in Mighty River Power, Meridian, and Air New Zealand raise, given that the Supplement to the 2010 Investment Statement of the Government of New Zealand projected that those sales would raise $5.18 billion? Hon DAVID PARKER to the Minister for ACC: How much did ACC invest in Pike River Coal Limited and in New Zealand Oil and Gas Limited over the last eight years, and how much has it made or lost in total on its investment in each company, taking into account share purchases, subscriptions and sales, dividends, and current share prices? Rt Hon WINSTON PETERS to the Minister of Māori Affairs: Does he stand by his statement "I know Māori want to talk about the place of the Treaty of Waitangi in our constitution, and how our legal and political systems can reflect tikanga Māori."; if so, why? Hon SHANE JONES to the Associate Minister of Finance: Is he satisfied with his performance in regard to his delegations as Associate Minister of Finance? JONATHAN YOUNG to the Minister for Building and Construction: What reports has he received regarding the state of the building and construction sector? GARETH HUGHES to the Minister for the Environment: Did the Environmental Protection Authority assess the full version of Anadarko's Discharge Management Plan and Emergency Response Plan as part of its evaluation of the company's Environmental Impact Assessment for the Deepwater Taranaki Well; if not, why not? Hon CLAYTON COSGROVE to the Minister of Finance: When, if at all, did Cabinet approve the timing of the Air New Zealand sell-down and what directions did Cabinet give the shareholding Ministers? NICKY WAGNER to the Minister of Housing: What steps is the Government taking to rebuild Christchurch's housing stock damaged or destroyed by the earthquakes? Hon DAMIEN O'CONNOR to the Minister for Primary Industries: Does he stand by his statement "The opportunity, and challenge, for our meat producers now is to add value to different cuts of meat and continue to sell the New Zealand story"; if so, why? IAN McKELVIE to the Minister of Local Government: How is the Government improving councils' financial reporting? DARIEN FENTON to the Minister of Labour: Does he stand by his statement that "I am especially keen to hear what affected parties have to say on the Part 6A proposals in the Bill, and will carefully consider their submissions and the recommendations of the select committee"?

Research Papers, Lincoln University

Brooklands Lagoon / Te Riu o Te Aika Kawa (‘Brooklands’) is an important wetland and estuarine ecosystem in Canterbury. It is a site of cultural significance to Ngāi Tūāhuriri, and is also valued by the wider community. Home to an array of life, it is connected to the Pūharakekenui/Styx and Waimakariri rivers, and is part of a wetland landscape complex that includes the Avon-Heathcote / Ihutai estuary to the south and the Ashley / Rakahuri estuary to the north. Notionally situated within the territorial boundary of Christchurch City Council and jurisdictionally encompassed by the regional council Environment Canterbury, it has been legally determined to be part of the coastal marine area. The complicated administrative arrangements for the lagoon mirror the biophysical and human challenges to this surprisingly young ecosystem since its formation in 1940. Here we present a synthesis of the historical events and environmental influences that have shaped Brooklands Lagoon. Before existing as an intertidal ecosystem, the Waimakariri river mouth was situated in what is now the southern end of the lagoon. A summary timeline of key events is set out in the table below. These included the diversion of the Waimakariri River mouth via the construction of Wrights Cut in the 1930s, which influenced the way that the lower reaches of the river interacted with the land and sea. A large flood in 1940 shifted the river mouth ~2 to 3 kilometres north, that created the landscape that we see today. However, this has not remained stable, as the earthquake sequence in 2010 and 2011 subsided the bed of the estuary. The changes are ongoing, as sea level rise and coastal inundation will place ongoing pressure on the aquatic ecosystem and surrounding land. How to provide accommodation space for Brooklands as an estuary will be a key planning and community challenge, as Environment Canterbury begins the engagement for the review of its Regional Coastal Plan. There is also a requirement to safeguard its ecological health under the 2020 National Policy Statement on Freshwater Management. This will necessitate an integrated mountains to sea (ki uta ki tai) management approach as the lagoon is affected by wider catchment activities. We hope that this report will contribute to, and inform these processes by providing a comprehensive historical synthesis, and by identifying considerations for the future collaborative management of Brooklands Lagoon, and protection of its values. In essence, we suggest that Te Riu o Te Aika Kawa deserves some sustained aroha.