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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

Research papers, The University of Auckland Library

High demolition rates were observed in New Zealand after the 2010-2011 Canterbury Earthquake Sequence despite the success of modern seismic design standards to achieve required performance objectives such as life safety and collapse prevention. Approximately 60% of the multi-storey reinforced concrete (RC) buildings in the Christchurch Central Business District were demolished after these earthquakes, even when only minor structural damage was present. Several factors influenced the decision of demolition instead of repair, one of them being the uncertainty of the seismic capacity of a damaged structure. To provide more insight into this topic, the investigation conducted in this thesis evaluated the residual capacity of moderately damaged RC walls and the effectiveness of repair techniques to restore the seismic performance of heavily damaged RC walls. The research outcome provided insights for developing guidelines for post-earthquake assessment of earthquake-damaged RC structures. The methodology used to conduct the investigation was through an experimental program divided into two phases. During the first phase, two walls were subjected to different types of pre-cyclic loading to represent the damaged condition from a prior earthquake, and a third wall represented a repair scenario with the damaged wall being repaired using epoxy injection and repair mortar after the pre-cyclic loading. Comparisons of these test walls to a control undamaged wall identified significant reductions in the stiffness of the damaged walls and a partial recovery in the wall stiffness achieved following epoxy injection. Visual damage that included distributed horizontal and diagonal cracks and spalling of the cover concrete did not affect the residual strength or displacement capacity of the walls. However, evidence of buckling of the longitudinal reinforcement during the pre-cyclic loading resulted in a slight reduction in strength recovery and a significant reduction in the displacement capacity of the damaged walls. Additional experimental programs from the literature were used to provide recommendations for modelling the response of moderately damaged RC walls and to identify a threshold that represented a potential reduction in the residual strength and displacement capacity of damaged RC walls in future earthquakes. The second phase of the experimental program conducted in this thesis addressed the replacement of concrete and reinforcing steel as repair techniques for heavily damaged RC walls. Two walls were repaired by replacing the damaged concrete and using welded connections to connect new reinforcing bars with existing bars. Different locations of the welded connections were investigated in the repaired walls to study the impact of these discontinuities at the critical section. No significant changes were observed in the stiffness, strength, and displacement capacity of the repaired walls compared to the benchmark undamaged wall. Differences in the local behaviour at the critical section were observed in one of the walls but did not impact the global response. The results of these two repaired walls were combined with other experimental programs found in the literature to assemble a database of repaired RC walls. Qualitative and quantitative analyses identified trends across various parameters, including wall types, damage before repair, and repair techniques implemented. The primary outcome of the database analysis was recommendations for concrete and reinforcing steel replacement to restore the strength and displacement capacity of heavily damaged RC walls.

Research papers, Lincoln University

Geographically isolated communities around the world are dependent upon the limited assets in local subsistence economies to generate livelihoods. Locally available resources shape and give identity to unique cultural activities that guarantee individual, family and community livelihood sustainability. The social structure provides community relationship networks, which ensure access to, and availability of, resources over long periods. Resources are utilised in ways that reduces vulnerability, stresses and shocks while ensuring long-term resilience. Preparedness and adaptation are embedded into cultural memory, enabling communities to survive in isolated, remote and harsh conditions. Communities’ cultural memories, storytelling, traditional knowledge, interdependence and unwritten cultural norms that build resilience to sustain cultures that have limited interactions with the outside world. This thesis aims to investigate the consequences of transport infrastructure development, mainly of roads, on livelihood strategies of isolated communities in a tourism context in Gilgit-Baltistan, Pakistan. The thesis incorporates a review of literature of transport infrastructure development and livelihood security in reference to vulnerability, resilience and sustainability. Research gaps are identified in terms of transport infrastructure development and tourism, the Sustainable Livelihood Approach, resilience and sustainability. The fieldwork was undertaken using qualitative research methods. Ninety-eight participants were interviewed using open-ended semi-structured interview questions to get an in-depth understanding of livelihood systems, livelihood activities and transport infrastructure development within the tourism context. Gilgit-Baltistan is a disputed mountainous territory in the Asia Subcontinent whose ancient trade routes (silk routes) were severed during the geopolitical upheaval of the partition of the Indian Subcontinent in 1947. An alliance between Pakistan and China resulted in transport infrastructure development of the Karakorum Highway between 1958 and 1978, providing the only road access to the regions isolated communities. Karakoram Highway connects China with Pakistan through Gilgit-Baltistan. Gilgit-Baltistan is going through immense transport infrastructure development, including the China Pakistan Economic Corridor. The road infrastructure is expected to link China and other South Asian and Central Asian countries to the world and provide a direct link for Chinese goods to reach the Persian Gulf. China Pakistan Economic Corridor is part of China’s Belt and Road Initiative project, which aims to improve connectivity and cooperation between 69 Eurasian countries by investing in infrastructure development. Such an immense infrastructural development is expected to enhance the mobility of people, goods and services. In order to understand the impacts of transport infrastructure development, this thesis has analysed livelihood capital status at macro, and micro levels are examined over two time periods (pre-road and post-road). Results show that sustainable farming practices provided long-term resilience to these geographically isolated communities. Transport infrastructure development has been a significant factor to ensure access and has resulted in changes to social inclusion, socio-political structures and livelihood opportunities with a subsequent dependence upon tourism, imported consumer goods and a monetary economy as people divert valuable farmland to building developments and cash crop monocultures. Gilgit-Baltistan is vulnerable to frequent manmade and natural disasters, such as terrorism, earthquakes and landslides. Shocks impact upon the livelihoods of those affiliated with tourism who are forced to revert to subsistence farming practices and alternative livelihood choices. The dependency on external resources and subsequent loss of the cultural memory and farming techniques has created a vulnerability to the unpredictable shocks and disasters that frequently close the singular access road. The thesis finally presents the ‘Livelihood Framework for Transport Infrastructure Development and Tourism (LF-TIDT)’ a guiding tool to understand the impacts of transport infrastructure development at micro and macro levels for tourism planning, policy formulation and implementation and management. Attention is drawn to the newly introduced ‘Location: a Meta Capital’ and its importance in terms of geographically isolated communities. The research also highlights that livelihood capitals are not equally essential to achieve sustainable and resilient livelihood outcomes.