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Images, UC QuakeStudies

For the first time in November 2011, Christchurch residents finally had the opportunity to see the earthquake-damaged city centre on the Red Zone bus tours organised by CERA. The podium which formerly held the Godley statue. Behind is the Regent Theatre dome which has been removed from the building.

Images, UC QuakeStudies

A photograph of an All Right? billboard on Moorhouse Avenue. The billboard reads, "Reasons we love Canterbury: 9999 x lots and lots. Share what makes you feel All Right: fb.com/alrightnz". The background of the billboard includes various responses by Canterbury residents.

Images, UC QuakeStudies

The corner of Colombo Street and Kilmore Street in the aftermath of the 22 February 2011 earthquake. The walls of several buildings along Colombo Street have collapsed, including Sala Thai Restaurant, which has spilled bricks onto the road. A bus has stopped alongside the building and police officers can be seen walking along the road.

Videos, UC QuakeStudies

A video of people receiving a free limousine ride to their various destinations. All Right? advertised on their Facebook page that people could request a ride in the limousine. The limousine was provided by Christchurch Limousines, staffed people from All Right? and Lana and Caitlin from More FM. Inside, the limousine was stocked with All Right? flags and balloons. Passengers were treated to croissants and encouraged to discuss their wellbeing. The event and video was the second of All Right?'s 'Outrageous Bursts of All Right', occurring in early October 2013. The Press published the video in an online article by Nicole Mathewson on 4 October 2013 at 8:00am. All Right? posted a link to the video on their Facebook Timeline on 25 November 2013 at 1:06pm, and uploaded it to YouTube on 1 October 2014.

Images, UC QuakeStudies

A photograph of several half-finished mosaic designs sitting on a table. Pieces of broken china are scattered around the mosaics.Crack'd for Christchurch comments, "As a trial we made pavers for the temporary Bus Exchange on St Asaph Street. You can see the paper plan folded to the right."

Images, UC QuakeStudies

A photograph captioned by BeckerFraserPhotos, "Moira Fraser standing beside a bus stop sign in Bower Avenue (near the intersection with New Brighton Road) to demonstrate how much this pole has sunk into the ground. Note the marker with two round luminous spots which is at ground level and compare it with the next photo".

Images, eqnz.chch.2010

Friday 22 February 2013. Official Supported Site for River of Flowers: Horseshoe Lake Riverbank on Lake Terrace Road, opposite the bus stop between Oregon and Tangmere Places Hosted by: Burwood Primary School and Community. File reference: CCL-2013-02-22-River-of-FlowersDSC_03401.JPG From the collection of Christchurch City Libraries. ...

Images, UC QuakeStudies

A photograph of three drawings stuck to a bus timetable in the Christchurch central city. The drawings depict Roger Sutton, the CEO of CERA, with a band-aid over his mouth; Warwick Isaacs, the Deputy Chief Executive of CERA, with hearing protection over his ears; and Gerry Brownlee, Minister for Canterbury Earthquake Recovery, with a blindfold over his eyes.

Images, UC QuakeStudies

A photograph of a paste-up depicting Roger Sutton, the CEO of CERA, with a band-aid over his mouth; Warwick Isaacs, the Deputy Chief Executive of CERA, with hearing protection over his ears; and Jerry Brownlee, Minister for Canterbury Earthquake Recovery, with a blindfold over his eyes. The paste-up has been stuck on a bus stop timetable.

Images, UC QuakeStudies

An aerial photograph of the Christchurch CBD. The photograph has been captioned by BeckerFraserPhotos, "This photograph shows the many tall CBD buildings, with the Hotel Grand Chancellor under demolition in the centre of the photograph. The street in the foreground running up the photograph from left to right is Lichfield Street with the old Bus Exchange clearly visible".

Images, UC QuakeStudies

Damaged workshops in the Red Bus depot on Fitzgerald Avenue. The brick walls have partially crumbled. In the background is the Cathedral of the Blessed Sacrament, with its dome partly deconstructed. The photographer comments, "This photo was taken recently on Fitzgerald Avenue. Again, it's amazing how close you can get to buildings that look like they are about to collapse. In the background, you can see that work has begun to remove the dome on top of the damaged Cathedral of he Blessed Sacrament".

Images, UC QuakeStudies

Damaged workshops in the Red Bus depot on Fitzgerald Avenue. The brick walls have partially crumbled. In the background is the Cathedral of the Blessed Sacrament, with its dome partly deconstructed. The photographer comments, "This photo was taken recently on Fitzgerald Avenue. Again, it's amazing how close you can get to buildings that look like they are about to collapse. In the background, you can see that work has begun to remove the dome on top of the damaged Cathedral of he Blessed Sacrament".

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