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Images, UC QuakeStudies

A photograph of members of the Clandeboye Emergency Response Team and the Red Cross Team working on High Street near the intersection with Manchester Street. In the background is a large pile of rubble from the ANZ Bank building. In the foreground the members have placed their bags on a group of outdoor chairs and tables still on the footpath.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Cycle Trading store on Manchester Street. The gable of the store has collapsed, and bricks and other rubble have fallen onto the footpath in front. A car parked on the street has been crushed by the fallen rubble. The word "Clear" has been spray-painted on the front of the car. Wire fencing has been placed around the building as a cordon.

Images, UC QuakeStudies

A photograph of the street number and apartment numbers at 440 Oxford Terrace spray-painted on the footpath in front. The street number is written as 466 but this is the incorrect number for this site. The photographer comments, "The numbers were spray-painted in front of all the properties in the Avon Loop in order to keep track of the property number after the mailboxes were lost or removed".

Images, UC QuakeStudies

A photograph of the former site of a block of apartments at 440 Oxford Terrace. The apartments were demolished after the land was zoned Red. Grass has begun to grow over the site. The number 466 has been spray-painted on the footpath in front, as well as the numbers of each apartment. This number is the incorrect street number for the site.

Images, UC QuakeStudies

A photograph of members of the Wellington Emergency Management Office Emergency Response Team standing in front of an earthquake-damaged building on Lichfield Street. A section of the roof and the façade on the top storey of the building have collapsed and the bricks and other rubble have spilled onto the footpath and street below. USAR codes have been spray-painted on one of the bottom-storey windows and the front door.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Iconic Bar and the former Christchurch City Council offices on Manchester Street. The outer walls of the Council offices and the top storey of Iconic have collapsed, exposing the insides of the buildings. The bricks and other rubble have been cleared from the footpath in front. USAR codes have been spray-painted next to the entrance of Iconic.

Images, UC QuakeStudies

A photograph of the earthquake-damaged Stone Chamber of the Canterbury Provincial Council Buildings on Durham Street North. Large sections of the Chamber have collapsed and the masonry and other rubble has spilled onto the footpath in front. To the left scaffolding constructed up the side of the building has also collapsed and twisted out of shape. Wire fences have been placed along the side of the building as a cordon.

Images, UC QuakeStudies

A photograph of the earthquake damage to The Volcano Café on London Street. The brick wall on the left side of the building has crumbled, and the bricks have spilt onto the footpath. A red sticker on the door indicates that the building is no longer safe to enter. Plywood has been used to board up the windows and wire fencing has been placed around the building as a cordon.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Iconic bar on the corner of Manchester and Gloucester Streets. Large sections of the outer walls have collapsed, the bricks and masonry spilling onto the footpath below, crushing several cars. USAR codes have been spray-painted near the door and a red sticker has been taped above. The red sticker indicates that the building is unsafe to enter.

Images, UC QuakeStudies

A photograph of the earthquake-damaged buildings and rubble on Colombo Street near the intersection of St Asaph Street. The walls of the top storey of the buildings to the left have crumbled, and bricks and other rubble have fallen onto the footpath and road below. Wire fencing and police tape have been placed across the street as a cordon.

Images, UC QuakeStudies

A photograph of the earthquake damage to Café Valentino on Colombo Street. The façade of the closest section of the building has collapsed and the bricks have spilled onto the awning below. The same section of the awning has broken under the weight of the bricks and is resting against the ground. Bricks and other rubble cover the other sections of the awning and have spilled onto the footpath and street in the distance.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Carlton Hotel on the corner of Papanui Road and Bealey Avenue. The wall of the top storey of the building has crumbled, and bricks have fallen onto the footpath. Wire fencing, road cones, and cordon tape have been placed around the building as a cordon. Scaffolding and steel bracing can be seen against the front of the building.

Images, eqnz.chch.2010

20120321_2397_1D3-47 Beachcomber Dairy Corner of New Brighton Road and Rawson Street, New Brighton. This diary is inside the suburban red zone and will probably be demolished some time in the future. See how the earthquakes have moved the footpath - the post and phone box used to stand straight! This is one of the Teleccom Wi-Fi hotspot boo...

Images, UC QuakeStudies

A photograph of the earthquake damage to the Country Theme store on the corner of Manchester and St Asaph Streets. Sections of the second storey walls have crumbled, and the bricks have fallen onto the footpath below. Wire fences have been placed around the building as a cordon. Red stickers on the front door and the wire fence indicate that the building is not safe to enter.

Images, UC QuakeStudies

Damage to buildings along Norwich Quay in Lyttelton. To the left is the Lyttelton Hotel with a crumbled top. Bricks have fallen on the awning and all along the footpath. To the right is a cafe that was damaged severely in the earthquake. The front wall of the top storey has crumbled onto the street, crushing a car. Wire fencing and road cones have been used to create a cordon around the buildings.

Images, UC QuakeStudies

Damage to buildings along Norwich Quay in Lyttelton. To the left is the Lyttelton Hotel with a crumbled top. Bricks have fallen on the awning and all along the footpath. To the right is a cafe that was damaged severely in the earthquake. The front wall of the top storey has crumbled onto the street, crushing a car. Wire fencing and road cones have been used to create a cordon around the buildings.

Images, UC QuakeStudies

Damage to Lyttelton following the 22 February 2011 earthquake. The fish and chip shop on London Street (centre) has a collapsed gable and awning. Bricks, plaster and wood are lying where they fell on the footpath, as well as the broken sign. To the left is the Lava Bar which suffered severe structural damage after the earthquake. To the right, the Coastal Living store can be seen which was open after the September earthquake but pulled down after February.

Images, UC QuakeStudies

A photograph of a Wellington Emergency Management Office Emergency Response Team member talking to a member of the Professional Building Services on Gloucester Street. In the background is the Press House building with many cracks in the façade. Bits of bricks and other debris are scattered across the footpath. Some of the windows above the facade have broken. USAR codes have been spray-painted on one of the bottom-storey windows.

Images, UC QuakeStudies

A photograph of the earthquake-damaged buildings and rubble on Colombo Street near the intersection of St Asaph Street. The walls of the top storey of the buildings to the left have crumbled, and bricks and other rubble have fallen onto the footpath and road below. Wire fencing and police tape have been placed across the street as a cordon. An excavator from Daniel Smith Industries Ltd is parked in front of the fence.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Montgomery's Building on the corner of Colombo and Tuam Streets. Large sections of the façade have collapsed, exposing the inside of the building. The bricks and other rubble have mostly been cleared from the footpath and street in front. Wire fences have been placed around the building as a cordon. In the distance there is a large pile of bricks on a property where another building has collapsed.

Images, UC QuakeStudies

A photograph of a member of the Wellington Emergency Management Office Emergency Response Team standing in front of the earthquake-damaged Avonmore House on Hereford Street. Sections of the walls have crumbled, spilling bricks and masonry onto the footpath and street below. Many of the windows have warped, breaking the glass. USAR codes have been spray-painted on one of the columns. A red sticker taped to the door indicates that the building is unsafe to enter.

Images, UC QuakeStudies

A photograph of a member of the Wellington Emergency Management Office Emergency Response Team standing in front of the earthquake-damaged Avonmore House on Hereford Street. Sections of the walls have crumbled, spilling bricks and masonry onto the footpath and street below. Many of the windows have also warped, breaking the glass. USAR codes have been spray-painted on one of the columns. A red sticker taped to the door indicates that the building is unsafe to enter.

Images, Alexander Turnbull Library

Two businessmen emerge from a building wondering whether 'Bill English' has ''Made any uplifting pronouncements on the economy or budget lately?..' On the footpath outside is Finance Minister Bill English wearing a sandwich board that reads 'the end is nigh' and carrying a banner that reads 'We're doomed'. Context - the impact of an already struggling economy of the Christchurch earthquakes of 4 September 2010 and 22 February 2011. Quantity: 1 digital cartoon(s).

Images, UC QuakeStudies

A photograph of Robin Duff's house at 386 Oxford Terrace. The grass has been mowed, but the dead grass has not been removed. One of the windows has been boarded up with plywood. A yellow sticker on the door indicates that the access to the house is restricted. The number 386 has been spray-painted on the footpath in front of the house. The photographer comments, "The lawn was mowed as part of the maintenance project on red-zoned properties. The numbers were spray-painted in front of all the properties in the Avon Loop in order to keep track of the property number after the mailboxes were lost or removed".

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