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Research papers, The University of Auckland Library

The Canterbury earthquakes of 2010 and 2011 generated hundreds of thousands of insurance claims, many of which were disputed. The New Zealand justice system faced the same challenge encountered by other jurisdictions following a natural disaster: how to resolve these disputes quickly and at minimal cost but also fairly, to avoid compounding the disaster with injustice? The thesis is of this article is that although the earthquakes were catastrophic for New Zealand, they also created a unique opportunity to design an innovative civil justice process—the Christchurch High Court Earthquake List—and to test, over a relatively short timeframe, how well that process works. This article describes the Christchurch High Court Earthquake List and analyses it by reference to civil justice theory about the relative normative values of public adjudication and private settlement and the dialogic relationship between them. It then evaluates the List, using statistics available five years on from the earthquakes and by reference to the author’s own experience mediating earthquake disputes.

Research papers, University of Canterbury Library

Natural disasters are increasingly disruptive events that affect livelihoods, organisations, and economies worldwide. Research has identified the impacts and responses of organisations to different types of natural disasters, and have outlined factors, such as industry sector, that are important to organisational vulnerability and resilience. One of the most costly types of natural disasters in recent years has been earthquakes, and yet to date, the majority of studies have focussed on the effects of earthquakes in urban areas, while rural organisational impact studies have primarily focused on the effects of meteorological and climatic driven hazards. As a result, the likely impacts of an earthquake on rural organisations in a developed context is unconstrained in the literature. In countries like New Zealand, which have major earthquakes and agricultural sectors that are significant contributors to the economy, it is important to know what impacts an earthquake event would have on the rural industries, and how these impacts compare to that of a more commonly analysed, high-frequency event. In September of 2010, rural organisations in Canterbury experienced the 4 September 2010 Mw 7.1 `Darfield' earthquake and the associated aftershocks, which came to be known as the Canterbury earth- quake sequence. The earthquake sequence caused intense ground shaking, creating widespread critical service outages, structural and non-structural damage to built infrastructure, as well as ground surface damage from ooding, liquefaction and surface rupture. Concurrently on September 18 2010, rural organisations in Southland experienced an unseasonably late snowstorm and cold weather snap that brought prolonged sub-zero temperatures, high winds and freezing rain, damaging structures in the City of Invercargill and causing widespread livestock losses and production decreases across the region. This thesis documents the effects of the Canterbury earthquake sequence and Southland snowstorm on farming and rural non-farming organisations, utilizing comparable methodologies to analyse rural organisational impacts, responses and recovery strategies to natural disasters. From the results, a short- term impact assessment methodology is developed for multiple disasters. Additionally, a regional asset repair cost estimation model is proposed for farming organisations following a major earthquake event, and the use of social capital in rural organisational recovery strategies following natural disasters is analysed.