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Research papers, University of Canterbury Library

The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.

Research papers, University of Canterbury Library

Under the framework of New Public Management, the government has decentralised the responsibility for Disaster Risk Management (DRM) to regional, local, and community levels in New Zealand. This decentralisation serves political agendas related to resource allocation and is supported by empirical evidence suggesting that involving communities in DRM during recovery decision-making enhances disaster resilience. Extensive evidence indicates that community participation in DRM, especially during recovery decision-making, can significantly improve recovery outcomes at the community level. However, there has been limited research into whether the legal framework in New Zealand effectively facilitates meaningful public engagement to empower the public in influencing disaster recovery decisions. To address this gap in the literature, this thesis aims to explore the extent to which legislative and governance arrangements transfer the responsibility, liability, and costs of managing disaster risks to local levels without enabling meaningful public contribution to and influence on recovery decisions affecting them. Situated within Public Law and Disaster Risk and Resilience disciplines and using a case study of Greater Christchurch, New Zealand, this interdisciplinary thesis examines both common law and statutory provisions in the legal framework impacting public engagement before and during recovery from the Canterbury Earthquake Sequence. In particular, this thesis assesses how legislative, and governance frameworks influenced communities’ ability to influence recovery decision-making following the 2010-2011 Canterbury Earthquake Sequence (CES). This thesis shows that before the CES, the New Zealand public engagement system closely adhered to the common law principle of the ‘duty to consult’, which remains the current legal standard. This principle required decision-makers to use the 'public notice and comment' approach as a minimum, limiting meaningful community participation in decision-making. After the earthquakes, reliance on this traditional approach caused growing frustration and division locally, as the public struggled to effectively engage in and influence recovery decisions, resulting in new community activism. The Canterbury Earthquake Recovery Act (CER Act), introduced following the Christchurch Earthquake, included innovative provisions on public engagement. However, for various reasons, this Act appeared to have minimal impact on meaningful public engagement in recovery decision-making, which continued to align with the broader, existing public engagement system and associated norms. The empirical findings indicate that despite the novel legislative language, the traditional public engagement framework in New Zealand constrained effective engagement, leading to a broader erosion of trust between the public and the government. This was largely attributed to the default ‘public notice and comment’ approach at the local government level, with inadequate mechanisms for community engagement in central government decision-making shaping the expectations of recovery decision-makers still operating within this framework. Notable departures from this traditional approach were evident in the practices of the Waimakariri District Council and Christchurch City Council. Particularly noteworthy was the ‘Share an Idea’ public engagement campaign. Unlike conventional processes, it did not commence with a near-final or draft document. Instead, it utilised participatory mechanisms that fostered meaningful dialogue, enabling the public to significantly shape the content of the draft Christchurch Central Recovery Plan. The initial success of such participatory engagement underscores its potential effectiveness throughout the entire recovery planning process, an option that was not exercised by the central government. In conclusion, this thesis argues that New Zealand should move beyond the entrenched ‘public notice and comment’ approach and adopt more open and inclusive public participation mechanisms. It contends that supplementing this approach with proactive participatory methods before disasters could yield favorable outcomes during disaster recovery, thereby ensuring meaningful public involvement in future decisions that affect communities.

Research papers, University of Canterbury Library

This article argues that active coordination of research engagement after disasters has the potential to maximize research opportunities, improve research quality, increase end-user engagement, and manage escalating research activity to mitigate ethical risks posed to impacted populations. The focus is on the coordination of research activity after the 22nd February 2011 Mw6.2 Christchurch earthquake by the then newly-formed national research consortium, the Natural Hazards Research Platform, which included a social science research moratorium during the declared state of national emergency. Decisions defining this organisation’s functional and structural parameters are analyzed to identify lessons concerning the need for systematic approaches to the management of post disaster research, in collaboration with the response effort. Other lessons include the importance of involving an existing, broadly-based research consortium, ensuring that this consortium's coordination role is fully integrated into emergency management structures, and ensuring that all aspects of decision-making processes are transparent and easily accessed.