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Research papers, The University of Auckland Library

A non-destructive hardness testing method has been developed to investigate the amount of plastic strain demand in steel elements subjected to cyclic loading. The focus of this research is on application to the active links of eccentrically braced frames (EBFs), which are a commonly used seismic-resisting system in modern steel framed buildings. The 2010/2011 Christchurch earthquake series, especially the very intense February 22 shaking, which was the first earthquake worldwide to push complete EBF systems fully into their inelastic state, generating a moderate to high level of plastic strain in EBF active links, for a range of buildings from 3 to 23 storeys in height. This raised two important questions: 1) what was the extent of plastic deformation in active links; and 2) what effect does that have to post-earthquake steel properties? This project comprised determining a robust relationship between hardness and plastic strain in order to be able to answer the first question and provide the necessary input into answering the second question. A non-destructive Leeb (portable) hardness tester (model TH170) has been used to measure the hardness, in order to determine the plastic strain, in hot rolled steel universal sections and steel plates. A bench top Rockwell B was used to compare and validated the hardness measured by the portable hardness tester. Hardness was measured from monotonically strained tensile test specimens to identify the relationship between hardness and plastic strain demand. Test results confirmed a good relationship between hardness and the amount of monotonically induced plastic strain. Surface roughness was identified as an important parameter in obtaining reliable hardness readings from a portable hardness reader. A proper surface preparation method was established by using three different cleaning methods, finished with hand sanding to achieve surface roughness coefficients sufficiently low not to distort the results. This work showed that a test surface roughness (Ra) is not more than 1.6 micron meter (μm) is required for accurate readings from the TH170 tester. A case study on an earthquake affected building was carried out to identify the relationship between hardness and amount of plastic strain demand in cyclically deformed active links. Hardness was carried out from active links shown visually to have been the most affected during one of the major earthquake events. Onsite hardness test results were then compared with laboratory hardness test results. A good relationship between hardness from onsite and laboratory was observed between the test methods; Rockwell B bench top and portable Leeb tester TH170. Manufacturing induced plastic strain in the top and bottom of the webs of hot rolled sections were discovered from this research, an important result which explains why visual effects of earthquake induced active link yielding (eg cracked or flaking paint) was typically more prevalent over the middle half depth of the active link. The extent of this was quantified. It was also evident that the hardness readings from the portable hardness tester are influenced by geometry, mass effects and rigidity of the links. The final experimental stage was application of the method to full scale cyclic inelastic tested nominally identical active links subjected to loading regimes comprising constant and variable plastic strain demands. The links were cyclically loaded to achieve different plastic strain level. A novel Digital Image Correlation (DIC) technique was incorporated during the tests of this scale, to confirm the level of plastic strain achieved. Tensile test specimens were water jet cut from cyclically deformed webs to analyse the level of plastic strain. Test results show clear evidence that cyclically deformed structural steel elements show good correlation between hardness and the amount of plastic strain demand. DIC method was found to be reliable and accurate to check the level of plastic strain within cyclically deformed structural steel elements.

Research papers, The University of Auckland Library

The influence of nonlinear soil-foundation-structure interaction (SFSI) on the performance of multi-storey buildings during earthquake events has become increasingly important in earthquake resistant design. For buildings on shallow foundations, SFSI refers to nonlinear geometric effects associated with uplift of the foundation from the supporting soil as well as nonlinear soil deformation effects. These effects can potentially be beneficial for structural performance, reducing forces transmitted from ground shaking to the structure. However, there is also the potential consequence of residual settlement and rotation of the foundation. This Thesis investigates the influence of SFSI in the performance of multi-storey buildings on shallow foundations through earthquake observations, experimental testing, and development of spring-bed numerical models that can be incorporated into integrated earthquake resistant design procedures. Observations were made following the 22 February 2011 Christchurch Earthquake in New Zealand of a number of multi-storey buildings on shallow foundations that performed satisfactorily. This was predominantly the case in areas where shallow foundations, typically large raft foundations, were founded on competent gravel and where there was no significant manifestation of liquefaction at the ground surface. The properties of these buildings and the soils they are founded on directed experimental work that was conducted to investigate the mechanisms by which SFSI may have influenced the behaviour of these types of structure-foundation systems. Centrifuge experiments were undertaken at the University of Dundee, Scotland using a range of structure-foundation models and a layer of dense cohesionless soil to simulate the situation in Christchurch where multi-storey buildings on shallow foundations performed well. Three equivalent single degree of freedom (SDOF) models representing 3, 5, and 7 storey buildings with identical large raft foundations were subjected to a range of dynamic Ricker wavelet excitations and Christchurch Earthquake records to investigate the influence of SFSI on the response of the equivalent buildings. The experimental results show that nonlinear SFSI has a significant influence on structural response and overall foundation deformations, even though the large raft foundations on competent soil meant that there was a significant reserve of bearing capacity available and nonlinear deformations may have been considered to have had minimal effect. Uplift of the foundation from the supporting soil was observed across a wide range of input motion amplitudes and was particularly significant as the amplitude of motion increased. Permanent soil deformation represented by foundation settlement and residual rotation was also observed but mainly for the larger input motions. However, the absolute extent of uplift and permanent soil deformation was very small compared to the size of the foundation meaning the serviceability of the building would still likely be maintained during large earthquake events. Even so, the small extent of SFSI resulted in attenuation of the response of the structure as the equivalent period of vibration was lengthened and the equivalent damping in the system increased. The experimental work undertaken was used to validate and enhance numerical modelling techniques that are simple yet sophisticated and promote interaction between geotechnical and structural specialists involved in the design of multi-storey buildings. Spring-bed modelling techniques were utilised as they provide a balance between ease of use, and thus ease of interaction with structural specialists who have these techniques readily available in practice, and theoretically rigorous solutions. Fixed base and elastic spring-bed models showed they were unable to capture the behaviour of the structure-foundation models tested in the centrifuge experiments. SFSI spring-bed models were able to more accurately capture the behaviour but recommendations were proposed for the parameters used to define the springs so that the numerical models closely matched experimental results. From the spring-bed modelling and results of centrifuge experiments, an equivalent linear design procedure was proposed along with a procedure and recommendations for the implementation of nonlinear SFSI spring-bed models in practice. The combination of earthquake observations, experimental testing, and simplified numerical analysis has shown how SFSI is influential in the earthquake performance of multi-storey buildings on shallow foundations and should be incorporated into earthquake resistant design of these structures.

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.

Videos, UC QuakeStudies

A video of a presentation by Richard Conlin during the Community Resilience Stream of the 2016 People in Disasters Conference. The presentation is titled, "Resilience, Poverty, and Seismic Culture".The abstract for this presentation reads as follows: A strategy of resilience is built around the recognition that effective emergency response requires community involvement and mobilization. It further recognizes that many of the characteristics that equip communities to respond most effectively to short term emergencies are also characteristics that build strong communities over the long term. Building resilient communities means integrating our approaches to poverty, community engagement, economic development, and housing into a coherent strategy that empowers community members to engage with each other and with other communities. In this way, resilience becomes a complementary concept to sustainability. This requires an asset-based change strategy where external agencies meet communities where they are, in their own space, and use collective impact approaches to work in partnership. This also requires understanding and assessing poverty, including physical, financial, and social capital in their myriad manifestations. Poverty is not exclusively a matter of class. It is a complex subject, and different communities manifest multiple versions of poverty, which must be respected and understood through the asset-based lens. Resilience is a quality of a community and a system, and develops over time as a result of careful analysis of strengths and vulnerabilities and taking actions to increase competencies and reduce risk situations. Resilience requires maintenance and must be developed in a way that includes practicing continuous improvement and adaptation. The characteristics of a resilient community include both physical qualities and 'soft infrastructure', such as community knowledge, resourcefulness, and overall health. This presentation reviews the experience of some earlier disasters, outlines a working model of how emergency response, resilience, and poverty interact and can be addressed in concert, and concludes with a summary of what the 2010 Chilean earthquake tells us about how a 'seismic culture' can function effectively in communities even when government suffers from unexpected shortcomings.

Research papers, The University of Auckland Library

During many years the analysis of some geophysical results of Charles Darwin was being carried out in Department. Darwin has connected almost 200 years ago results of catastrophic earthquakes with vertical movement of a surface of the Earth. Usually this movement less horizontal movement and its influence on destruction of cities is not considered. Earthquake hazard assessment studies were focused usually on the horizontal ground motion. Effects of the strong vertical motion were not, practically, discussed. The margins of safety against gravity-induced static vertical forces in constructed buildings usually provide adequate resistance to dynamic forces induced by the vertical acceleration during an earthquake. However, the earthquake in Christchurch is an example of the vertical seismic shock . The earthquake magnitude was rather small - nearby 6.3. However, the result was catastrophic. The same took place in 1835. It allowed to Darwin to formulate a few great ideas. Charles Darwin has explained qualitatively results of an interaction of huge seismic waves with volcanoes and the nature of volcanism and seismicity of our planet. These important data of Charles Darwin became very actual recently. It is possible to tell also the same about tsunami and extreme ocean waves described by Charles Darwin. Therefore this data were analyzed using modern mechanics, mathematics and physics in Department. In particular, the theory of catastrophic waves was developed based on Darwin's data. The theory tried to explain occurrence, evolution and distribution the catastrophic waves in various natural systems, since atoms, oceans, surfaces of the Earth and up to the very early Universe. Some results of the research were published in prestigious magazines. Later they were presented in two books devoted to Charles Darwin's anniversary (2009). Last from them was published in Russian (2011). We give here key ideas of this research which is a part of interdisciplinary researches of Department. Some ideas are discussed. Not less important purpose is very short historical review of some researches of Darwin. In particular, we underline Darwin' priority in the formulation of the bases of Dynamics Earth.

Research papers, The University of Auckland Library

It is well known that buildings constructed using unreinforced masonry (URM) are susceptible to damage from earthquake induced lateral forces that may result in partial or full building collapse. The 2010/2011 Canterbury earthquakes are the most recent New Zealand example of destructive earthquakes, which have drawn people's attention to the inherent seismic weaknesses of URM buildings and anchored masonry veneer systems in New Zealand. A brief review of the data collected following the 2010 Darfield earthquake and more comprehensive documentation of data that was collected following the 2011 Christchurch earthquake is presented, along with the findings from subsequent data interrogation. Large stocks of earthquake prone vintage URM buildings that remain in New Zealand and in other seismically active parts of the world result in the need for minimally invasive and cost effective seismic retrofit techniques. The principal objective of the doctoral research reported herein was to investigate the applicability of near surface mounted (NSM) carbon fibre reinforced polymer (CFRP) strips as a seismic improvement technique. A comprehensive experimental program consisting of 53 pull tests is presented and is used to assess the accuracy of existing FRP-to-masonry bond models, with a modified model being proposed. The strength characteristics of vintage clay brick URM wall panels from two existing URM buildings was established and used as a benchmark when manufacturing replica clay brick test assemblages. The applicability of using NSM CFRP strips as a retrofitting technique for improving the shear strength and the ductility capacity of multi-leaf URM walls constructed using solid clay brick masonry is investigated by varying CFRP reinforcement ratios. Lastly, an experimental program was undertaken to validate the proposed design methodology for improving the strength capacity of URM walls. The program involved testing full-scale walls in a laboratory setting and testing full-scale walls in-situ in existing vintage URM buildings. Experimental test results illustrated that the NSM CFRP technique is an effective method to seismically strengthen URM buildings.

Research papers, Victoria University of Wellington

This project looks at how destroyed architecture, although physically lost, fundamentally continues to exist within human memories as a non-physical entity. The site chosen is Avonside Girls’ High School in Christchurch, New Zealand, a school heavily damaged during the February 22nd earthquake in 2011. The project focuses on the Main Block, a 1930s masonry building which had always been a symbol for the school and its alumni.  The key theories relevant to this are studies on non-material architecture and memory as these subjects investigate the relationship between conceptual idea and the triggering of it. This research aims to study how to fortify a thought-based architecture against neglect, similar to the retrofitting of physical structures.  In doing so, the importance of the emotive realm of architecture and the idea behind a building (as opposed to the built component itself) is further validated, promoting more broadminded stances regarding the significance of the idea over the object. A new method for disaster recovery and addressing trauma from lost architecture is also acquired. Factors regarding advanced structural systems and programmes are not covered within the scope of this research because the project instead explores issues regarding the boundaries between the immaterial and material.  The project methodology involves communicating a narrative derived from the memories alumni and staff members have of the old school block. The approach for portraying the narrative is based on a list of strategies obtained from case studies.  The final product of the research is a new design for the high school, conveyed through a set of atmospheric drawings that cross-examines the boundaries between the physical and non-physical realms by representing the version of the school that exists solely within memories.

Research papers, The University of Auckland Library

This thesis investigates life-safety risk in earthquakes. The first component of the thesis utilises a dataset of earthquake injuries and deaths from recent earthquakes in New Zealand to identify cause, context, and risk factors of injury and death in the 2011 MW6.3 Christchurch earthquake and 2016 MW7.8 Kaikōura earthquake. Results show that nearly all deaths occurred from being hit by structural elements from buildings, while most injuries were caused by falls, strains and being hit by contents or non-structural elements. Statistical analysis of injured cases compared to an uninjured control group found that age, gender, building damage, shaking intensity, and behaviour during shaking were the most significant risk factors for injury during these earthquakes. The second part of the thesis uses the empirical findings from the first section to develop two tools for managing life-safety risk in earthquakes. The first tool is a casualty estimation model for health system and emergency response planning. An existing casualty model used in New Zealand was validated against observed data from the 2011 Christchurch earthquake and found to underestimate moderate and severe injuries by an order of magnitude. The model was then updated to include human behaviour such as protective actions, falls and strain type injuries that are dependent on shaking intensity, as well as injuries and deaths outside buildings. These improvements resulted in a closer fit to observed casualties for the 2011 Christchurch earthquake. The second tool that was developed is a framework to set seismic loading standards for design based on fatality risk targets. The proposed framework extends the risk-targeted hazard method, by moving beyond collapse risk targets, to fatality risk targets for individuals in buildings and societal risk in cities. The framework also includes treatment of epistemic uncertainty in seismic hazard to allow this uncertainty to be used in risk-based decision making. The framework is demonstrated by showing how the current New Zealand loading standards could be revised to achieve uniform life-safety risk across the country and how the introduction of a new loading factor can reduce risk aggregation in cities. Not on Alma, moved and emailed. 1/02/2023 ce

Research papers, The University of Auckland Library

The quality of multi-owned residential buildings and the capability to maintain that quality into the future is important in preserving not only the monetary value of such housing (Lujanen, 2010) but also the quality of life for its residents. The aim of this paper is to examine the governance and decision-making rules and regulations as they relate to the undertaking of major repairs in multi-owned residential buildings in Finland and New Zealand with particular regard to the Finnish Limited Liability Housing Companies Act 2010 (LLHCA 2010) and the New Zealand Unit Titles Act 2010 (UTA 2010). Currently, major building repairs are topical issues in both countries; in Finland as a result of ageing buildings requiring major re-fitting of pipes and other infrastructure, and in New Zealand as a result of earthquake damage in Christchurch and Leaky Building Syndrome nationwide. Major repairs can be a significant financial burden to unit owners and collective decisions can be difficult to achieve. Interestingly, new legislation that governs multi-owned housing was enacted in both countries in 2010. The recent enactment of this legislation provides an opportunity to examine the UTA 2010 and LLHCA 2010 with regard to how they address major repairs, improvements in housing stock and the financing possibilities associated with these undertakings. More specifically this paper explores housing intensification (i.e. building up, out or alongside existing multi-owned residential buildings on commonly owned land) as a means of financing major repairs. The comparison of governance and decision-making in two different shared ownership systems with different histories and cultural contexts provides a chance to explore the possibilities and challenges that each country faces, and the potential to learn from each other’s practices and develop these further. In this regard the findings from this paper contribute to the academic literature (Bugden 2005; Easthope & Randolph 2009; Dupuis & Dixon 2010; Lujanen 2010; Easthope, Hudson & Randolph 2013) concerning to the governance of multi-owned housing as it relates to intensive housing development and its wider social and economic implications.

Videos, UC QuakeStudies

A video of the keynote presentation by Sir John Holmes, during the first plenary of the 2016 People in Disasters Conference. Holmes is the former United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, the current Director of Ditchley Foundation, and the chair of the Board of the International Rescue Committee in the UK. The presentation is titled, "The Politics of Humanity: Reflections on international aid in disasters".The abstract for this presentation reads as follows: As United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinate from 2007-2010, Sir John Holmes was heavily involved in the coordination of air provision to countries struck by natural and man-made disasters, raising the necessary funds, and the elaboration of humanitarian policy. The international humanitarian system is fragmented and struggling to cope with rising demands from both conflicts such as that in Syria, and the growing effects of climate change. Sir John will talk about what humanitarian aid can and cannot achieve, the frustrations of getting aid through when access may be difficult or denied, and the need to ensure that assistance encompasses protection of civilians and efforts to get them back on their feet, as well as the delivery of essential short term items such as food, water, medical care and shelter. He will discuss the challenges involved in trying to make the different agencies - UN United Nations, non-government organisations and the International Red Cross/Crescent movement - work together effectively. He will reveal some of the problems in dealing with donor and recipient governments who often have their own political and security agendas, and may be little interested in the necessary neutrality and independence of humanitarian aid. He will illustrate these points by practical examples of political and other dilemmas from aid provision in natural disasters such as Cyclone Nargis in Myanmar in 2009, and the Haiti earthquake of 2010, and in conflict situations such as Darfur, Afghanistan and Sri Lanka in the past, and Syria today. He will also draw conclusions and make recommendations about how humanitarian aid might work better, and why politicians and others need to understand more clearly the impartial space required by humanitarian agencies to operate properly.

Research papers, University of Canterbury Library

Following the Canterbury earthquake sequence of 2010-11, a large and contiguous tract of vacated ‘red zoned’ land lies alongside the lower Ōtākaro / Avon River and is known as the Avon-Ōtākaro Red Zone (AORZ). This is the second report in the Ecological Regeneration Options (ERO) project that addresses future land uses in the AORZ. The purpose of this report is to present results from an assessment of restoration opportunities conducted in April 2017. The objectives of the assessment were to identify potential benefits of ecological restoration activities across both land and water systems in the AORZ and characterise the key options for their implementation. The focus of this report is not to provide specific advice on the methods for achieving specific restoration endpoints per se. This will vary at different sites and scales with a large number of combinations possible. Rather, the emphasis is on providing an overview of the many restoration and regeneration options in their totality across the AORZ. An additional objective is to support their adequate assessment in the identification of optimum land uses and adaptive management practices for the AORZ. Participatory processes may play a useful role in assessment and stakeholder engagement by providing opportunities for social learning and the co-creation of new knowledge. We used a facilitated local knowledge based approach that generated a large quantity of reliable and site specific data in a short period of time. By inviting participation from a wide knowledge-holder network inclusivity is improved in comparison to small-group expert panel approaches. Similar approaches could be applied to other information gathering and assessment needs in the regeneration planning process. Findings from this study represent the most comprehensive set of concepts available to date to address the potential benefits of ecological regeneration in the AORZ. This is a core topic for planning to avoid missed opportunities and opportunity costs. The results identify a wide range of activities that may be applied to generate benefits for Christchurch and beyond, all involving aspects of a potential new ecology in the AORZ. These may be combined at a range of scales to create scenarios, quantify benefits, and explore the potential for synergies between different land use options. A particular challenge is acquiring the information needed within relatively short time frames. Early attention to gathering baseline data, addressing technical knowledge gaps, and developing conceptual frameworks to account for the many spatio-temporal aspects are all key activities that will assist in delivering the best outcomes. Methodologies by which these many facets can be pulled together in quantitative and comparative assessments are the focus of the final report in the ERO series.

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.

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