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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.

Research papers, University of Canterbury Library

This thesis documents the development and demonstration of an assessment method for analysing earthquake-related damage to concrete waste water gravity pipes in Christchurch, New Zealand, following the 2010-2011 Canterbury Earthquake Sequence (CES). The method is intended to be internationally adaptable to assist territorial local authorities with improving lifelines infrastructure disaster impact assessment and improvements in resilience. This is achieved through the provision of high-resolution, localised damage data, which demonstrate earthquake impacts along the pipe length. The insights gained will assist decision making and the prioritisation of resources following earthquake events to quickly and efficiently restore network function and reduce community impacts. The method involved obtaining a selection of 55 reinforced concrete gravity waste water pipes with available Closed-Circuit Television (CCTV) inspection footage filmed before and after the CES. The pipes were assessed by reviewing the recordings, and damage was mapped to the nearest metre along the pipe length using Geographic Information Systems. An established, systematic coding process was used for reporting the nature and severity of the observed damage, and to differentiate between pre-existing and new damage resulting from the CES. The damage items were overlaid with geospatial data such as Light Detection and Ranging (LiDAR)-derived ground deformation data, Liquefaction Resistance Index data and seismic ground motion data (Peak Ground acceleration and Peak Ground Velocity) to identify potential relationships between these parameters and pipe performance. Initial assessment outcomes for the pipe selection revealed that main pipe joints and lateral connections were more vulnerable than the pipe body during a seismic event. Smaller diameter pipes may also be more vulnerable than larger pipes during a seismic event. Obvious differential ground movement resulted in increased local damage observations in many cases, however this was not obvious for all pipes. Pipes with older installation ages exhibited more overall damage prior to a seismic event, which is likely attributable to increased chemical and biological deterioration. However, no evidence was found relating pipe age to performance during a seismic event. No evidence was found linking levels of pre-CES damage in a pipe with subsequent seismic performance, and seismic performance with liquefaction resistance or magnitude of seismic ground motion. The results reported are of limited application due to the small demonstration sample size, but reveal the additional level of detail and insight possible using the method presented in this thesis over existing assessment methods, especially in relation to high resolution variations along the length of the pipe such as localised ground deformations evidenced by LiDAR. The results may be improved by studying a larger and more diverse sample pool, automating data collection and input processes in order to improve efficiency and consider additional input such as pipe dip and cumulative damage over a large distance. The method is dependent on comprehensive and accurate pre-event CCTV assessments and LIDAR data so that post-event data could be compared. It is proposed that local territorial authorities should prioritise acquiring this information as a first important step towards improving the seismic resilience of a gravity waste water pipe network.

Research papers, University of Canterbury Library

Access to clean and safe drinking water is a fundamental human requirement. However, in many areas of the world natural water sources have been impacted by a variety of biological and chemical contaminants. The ingestion of these contaminants may cause acute or chronic health problems. To prevent such illnesses, many technologies have been developed to treat, disinfect and supply safe drinking water quality. However, despite these advancements, water supply distribution systems can adversely affect the drinking water quality before it is delivered to consumers. The primary aim of this research was to investigate the effect that water distribution systems may have on household drinking water quality in Christchurch, New Zealand and Addis Ababa, Ethiopia. Water samples were collected from the source water and household taps in both cities. The samples were then tested for various physical, chemical and biological water quality parameters. The data collected was also used to determine if water samples complied with national drinking water quality standards in both countries. Independent samples t-test statistical analyses were also performed to determine if water quality measured in the samples collected from the source and household taps was significantly different. Water quality did not vary considerably between the source and tap water samples collected in Christchurch City. No bacteria were detected in any sample. However, the pH and total iron concentrations measured in source and tap water samples were found to be significantly different. The lower pH values measured in tap water samples suggests that corrosion may be taking place in the distribution system. No water samples transgressed the Drinking Water Standards for New Zealand (DWSNZ) MAVs. Monitoring data collected by the Christchurch City Council (CCC) was also used for comparison. A number of pH, turbidity and total iron concentration measurements collected by the CCC in 2011 were found to exceed the guideline values. This is likely due to structural damage to the source wells and pump-stations that occurred during the 2011 earthquake events. Overall, it was concluded that the distribution system does not adversely affect the quality of Christchurch City’s household drinking water. The water quality measured in samples collected from the source (LTP) and household taps in Addis Ababa was found to vary considerably. The water collected from the source complied with the Ethiopian (WHO) drinking water quality standards. However, tap water samples were often found to have degraded water quality for the physical and chemical parameters tested. This was especially the case after supply interruption and reinstatement events. Bacteria were also often detected in household tap water samples. The results from this study indicate that water supply disruptions may result in degraded water quality. This may be due to a drop in pipeline pressure and the intrusion of contaminants through the leaky and cross-connected pipes in the distribution network. This adversely affects the drinking water quality in Addis Ababa.

Research papers, University of Canterbury Library

This thesis documents the development and demonstration of an assessment method for analysing earthquake-related damage to concrete waste water gravity pipes in Christchurch, New Zealand, following the 2010-2011 Canterbury Earthquake Sequence (CES). The method is intended to be internationally adaptable to assist territorial local authorities with improving lifelines infrastructure disaster impact assessment and improvements in resilience. This is achieved through the provision of high-resolution, localised damage data, which demonstrate earthquake impacts along the pipe length. The insights gained will assist decision making and the prioritisation of resources following earthquake events to quickly and efficiently restore network function and reduce community impacts. The method involved obtaining a selection of 55 reinforced concrete gravity waste water pipes with available Closed-Circuit Television (CCTV) inspection footage filmed before and after the CES. The pipes were assessed by reviewing the recordings, and damage was mapped to the nearest metre along the pipe length using Geographic Information Systems. An established, systematic coding process was used for reporting the nature and severity of the observed damage, and to differentiate between pre-existing and new damage resulting from the CES. The damage items were overlaid with geospatial data such as Light Detection and Ranging (LiDAR)-derived ground deformation data, Liquefaction Resistance Index data and seismic ground motion data (Peak Ground acceleration and Peak Ground Velocity) to identify potential relationships between these parameters and pipe performance. Initial assessment outcomes for the pipe selection revealed that main pipe joints and lateral connections were more vulnerable than the pipe body during a seismic event. Smaller diameter pipes may also be more vulnerable than larger pipes during a seismic event. Obvious differential ground movement resulted in increased local damage observations in many cases, however this was not obvious for all pipes. Pipes with older installation ages exhibited more overall damage prior to a seismic event, which is likely attributable to increased chemical and biological deterioration. However, no evidence was found relating pipe age to performance during a seismic event. No evidence was found linking levels of pre-CES damage in a pipe with subsequent seismic performance, and seismic performance with liquefaction resistance or magnitude of seismic ground motion. The results reported are of limited application due to the small demonstration sample size, but reveal the additional level of detail and insight possible using the method presented in this thesis over existing assessment methods, especially in relation to high resolution variations along the length of the pipe such as localised ground deformations evidenced by LiDAR. The results may be improved by studying a larger and more diverse sample pool, automating data collection and input processes in order to improve efficiency and consider additional input such as pipe dip and cumulative damage over a large distance. The method is dependent on comprehensive and accurate pre-event CCTV assessments and LIDAR data so that post-event data could be compared. It is proposed that local territorial authorities should prioritise acquiring this information as a first important step towards improving the seismic resilience of a gravity waste water pipe network.

Research papers, University of Canterbury Library

The structure and geomorphology of active orogens evolves on time scales ranging from a single earthquake to millions of years of tectonic deformation. Analysis of crustal deformation using new and established remote sensing techniques, and integration of these data with field mapping, geochronology and the sedimentary record, create new opportunities to understand orogenic evolution over these timescales. Timor Leste (East Timor) lies on the northern collisional boundary between continental crust from the Australian Plate and the Banda volcanic arc. GPS studies have indicated that the island of Timor is actively shortening. Field mapping and fault kinematic analysis of an emergent Pliocene marine sequence identifies gentle folding, overprinted by a predominance of NW-SE oriented dextral-normal faults and NE-SW oriented sinistral-normal faults that collectively bound large (5-20km2) bedrock massifs throughout the island. These fault systems intersect at non-Andersonian conjugate angles of approximately 120° and accommodate an estimated 20 km of orogen-parallel extension. Folding of Pliocene rocks in Timor may represent an early episode of contraction but the overall pattern of deformation is one of lateral crustal extrusion sub-parallel to the Banda Arc. Stratigraphic relationships suggest that extrusion began prior to 5.5 Ma, during and after initial uplift of the orogen. Sedimentological, geochemical and Nd isotope data indicate that the island of Timor was emergent and shedding terrigenous sediment into carbonate basins prior to 4.5 Ma. Synorogenic tectonic and sedimentary phases initiated almost synchronously across much of Timor Leste and <2 Myr before similar events in West Timor. An increase in plate coupling along this obliquely converging boundary, due to subduction of an outlying continental plateau at the Banda Trench, is proposed as a mechanism for uplift that accounts for orogen-parallel extension and early uplift of Timor Leste. Rapid bathymetric changes around Timor are likely to have played an important role in evolution of the Indonesian Seaway. The 2010 Mw 7.1 Darfield (Canterbury) earthquake in New Zealand was complex, involving multiple faults with strike-slip, reverse and normal displacements. Multi-temporal cadastral surveying and airborne light detection and ranging (LiDAR) surveys allowed surface deformation at the junction of three faults to be analyzed in this study in unprecedented detail. A nested, localized restraining stepover with contractional bulging was identified in an area with the overall fault structure of a releasing bend, highlighting the surface complexities that may develop in fault interaction zones during a single earthquake sequence. The earthquake also caused river avulsion and flooding in this area. Geomorphic investigations of these rivers prior to the earthquake identify plausible precursory patterns, including channel migration and narrowing. Comparison of the pre and post-earthquake geomorphology of the fault rupture also suggests that a subtle scarp or groove was present along much of the trace prior to the Darfield earthquake. Hydrogeology and well logs support a hypothesis of extended slip history and suggests that that the Selwyn River fan may be infilling a graben that has accumulated late Quaternary vertical slip of <30 m. Investigating fault behavior, geomorphic and sedimentary responses over a multitude of time-scales and at different study sites provides insights into fault interactions and orogenesis during single earthquakes and over millions of years of plate boundary deformation.

Research papers, University of Canterbury Library

Geologic phenomena produced by earthquake shaking, including rockfalls and liquefaction features, provide important information on the intensity and spatiotemporal distribution of earthquake ground motions. The study of rockfall and liquefaction features produced in contemporary well- instrumented earthquakes increases our knowledge of how natural and anthropogenic environments respond to earthquakes and improves our ability to deduce seismologic information from analogous pre-contemporary (paleo-) geologic features. The study of contemporary and paleo- rockfall and liquefaction features enables improved forecasting of environmental responses to future earthquakes. In this thesis I utilize a combination of field and imagery-based mapping, trenching, stratigraphy, and numerical dating techniques to understand the nature and timing of rockfalls (and hillslope sedimentation) and liquefaction in the eastern South Island of New Zealand, and to examine the influence that anthropogenic activity has had on the geologic expressions of earthquake phenomena. At Rapaki (Banks Peninsula, NZ), field and imagery-based mapping, statistical analysis and numerical modeling was conducted on rockfall boulders triggered by the fatal 2011 Christchurch earthquakes (n=285) and compared with newly identified prehistoric (Holocene and Pleistocene) boulders (n=1049) deposited on the same hillslope. A significant population of modern boulders (n=26) travelled farther downslope (>150 m) than their most-travelled prehistoric counterparts, causing extensive damage to residential dwellings at the foot of the hillslope. Replication of prehistoric boulder distributions using 3-dimensional rigid body numerical models requires the application of a drag-coefficient, attributed to moderate to dense slope vegetation, to account for their spatial distribution. Radiocarbon dating provides evidence for 17th to early 20th century deforestation at the study site during Polynesian and European colonization and after emplacement of prehistoric rockfalls. Anthropocene deforestation enabled modern rockfalls to exceed the limits of their prehistoric predecessors, highlighting a shift in the geologic expression of rockfalls due to anthropogenic activity. Optical and radiocarbon dating of loessic hillslope sediments in New Zealand’s South Island is used to constrain the timing of prehistoric rockfalls and associated seismic events, and quantify spatial and temporal patterns of hillslope sedimentation including responses to seismic and anthropogenic forcing. Luminescence ages from loessic sediments constrain timing of boulder emplacement to between ~3.0 and ~12.5 ka, well before the arrival of Polynesians (ca AD 1280) and Europeans (ca AD 1800) in New Zealand, and suggest loess accumulation was continuing at the study site until 12-13 ka. Large (>5 m3) prehistoric rockfall boulders preserve an important record of Holocene hillslope sedimentation by creating local traps for sediment aggradation and upbuilding soil formation. Sediment accumulation rates increased considerably (>~10 factor increase) following human arrival and associated anthropogenic burning of hillslope vegetation. New numerical ages are presented to place the evolution of loess-mantled hillslopes in New Zealand’s South Island into a longer temporal framework and highlight the roles of earthquakes and humans on hillslope surface process. Extensive field mapping and characterization for 1733 individual prehistoric rockfall boulders was conducted at Rapaki and another Banks Peninsula site, Purau, to understand their origin, frequency, and spatial and volumetric distributions. Boulder characteristics and distributions were compared to 421 boulders deposited at the same sites during the 2010-2011 Canterbury earthquake sequence. Prehistoric boulders at Rapaki and Purau are comprised of two dominant lithofacies types: volcanic breccia and massive (coherent) lava basalt. Volcanic breccia boulders are found in greatest abundance (64-73% of total mapped rockfall) and volume (~90-96% of total rockfall) at both locations and exclusively comprise the largest boulders with the longest runout distances that pose the greatest hazard to life and property. This study highlights the primary influence that volcanic lithofacies architecture has on rockfall hazard. The influence of anthropogenic modifications on the surface and subsurface geologic expression of contemporary liquefaction created during the 2010-2011 Canterbury earthquake sequence (CES) in eastern Christchurch is examined. Trench observations indicate that anthropogenic fill layer boundaries and the composition/texture of discretely placed fill layers play an important role in absorbing fluidized sand/silt and controlling the subsurface architecture of preserved liquefaction features. Surface liquefaction morphologies (i.e. sand blows and linear sand blow arrays) display alignment with existing utility lines and utility excavations (and perforated pipes) provided conduits for liquefaction ejecta during the CES. No evidence of pre-CES liquefaction was identified within the anthropogenic fill layers or underlying native sediment. Radiocarbon dating of charcoal within the youngest native sediment suggests liquefaction has not occurred at the study site for at least the past 750-800 years. The importance of systematically examining the impact of buried infrastructure on channelizing and influencing surface and subsurface liquefaction morphologies is demonstrated. This thesis highlights the importance of using a multi-technique approach for understanding prehistoric and contemporary earthquake phenomena and emphasizes the critical role that humans play in shaping the geologic record and Earth’s surface processes.

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