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.
Liquefaction during the 4th September 2010 Mw 7.1 Darfield earthquake and large aftershocks in 2011 (Canterbury earthquake sequence, CES) caused severe damage to land and infrastructure within Christchurch, New Zealand. Approximately one third of the total CES-induced financial losses were directly attributable to liq- uefaction and thus highlights the need for local and regional authorities to assess liquefaction hazards for present and future developments. This thesis is the first to conduct paleo-liquefaction studies in eastern Christchurch for the purpose of de- termining approximate return times of liquefaction-inducing earthquakes within the region. The research uncovered evidence for pre-CES liquefaction dated by radiocarbon and cross-cutting relationships as post-1660 to pre-1905. Additional paleo-liquefaction investigations within the eastern Christchurch suburb of Avon- dale, and the northern township of Kaiapoi, revealed further evidence for pre-CES liquefaction. Pre-CES liquefaction in Avondale is dated as post-1321 and pre-1901, while the Kaiapoi features likely formed during three distinct episodes: post-1458 and possibly during the 1901 Cheviot earthquake, post-1297 to pre-1901, and pre-1458. Evaluation of the liquefaction potential of active faults within the Can- terbury region indicates that many faults have the potential to cause widespread liquefaction within Avondale and Kaiapoi. The identification of pre-CES liquefac- tion confirms that these areas have previously liquefied, and indicates that residen- tial development in eastern Christchurch between 1860 and 2005 occurred in areas containing geologic evidence for pre-CES liquefaction. Additionally, on the basis of detailed field and GIS-based mapping and geospatial-statistical analysis, the distribution and severity of liquefaction and lateral spreading within the eastern Christchurch suburb of Avonside is shown in this study to be strongly in uenced by geomorphic and topographic variability. This variability is not currently ac- counted for in site-specific liquefaction assessments nor the simplified horizontal displacement models, and accounts for some of the variability between the pre- dicted horizontal displacements and those observed during the CES. This thesis highlights the potential applications of paleo-liquefaction investigations and ge- omorphic mapping to seismic and liquefaction hazard assessments and may aid future land-use planning decisions.
Interagency Emergency Response Teams (IERTs) play acrucial role in times of disasters. Therefore it is crucial to understand more thoroughly the communication roles and responsibilities of interagency team members and to examine how individual members communicate within a complex, evolving, and unstable environment. It is also important to understand how different organisational identities and their spatial geographies contribute to the interactional dynamics. Earthquakes hit the Canterbury region on September, 2010 and then on February 2011 a more devastating shallow earthquake struck resulting in severe damage to the Aged Residential Care (ARC) sector. Over 600 ARC beds were lost and 500 elderly and disabled people were displaced. Canterbury District Health Board (CDHB) set up an interagency emergency response team to address the issues of vulnerable people with significant health and disability needs who were unable to access their normal supports due to the effects of the earthquake. The purpose of this qualitative interpretive study is to focus on the case study of the response and evacuation of vulnerable people by interagencies responding to the event. Staff within these agencies were interviewed with a focus on the critical incidents that either stabilised or negatively influenced the outcome of the response. The findings included the complexity of navigating multiple agencies communication channels; understanding the different hierarchies and communication methods within each agency; data communication challenges when infrastructures were severely damaged; the importance of having the right skills, personal attributes and understanding of the organisations in the response; and the significance of having a liaison in situ representing and communicating through to agencies geographically dispersed from Canterbury. It is hoped that this research will assist in determining a future framework for interagency communication best practice and policy.
A review of the week's news including... A tsunami warning after a severe 7.1 earthquake north of East Cape, Havelock North's residents finally get the chance to grill their local leaders, the Environment Minister says people who insist that every lake and river should be safe to swim in are being unrealistic, Kim Dotcom wins his bid to live stream his High Court appeal against his extradition, New Zealanders who've been living in Australia for up to ten years say they're reaching breaking point, legal action over faulty steel mesh triggers doubts about some house insurance, a prominent Maori leader is found guilty of defrauding his fellow trustees in the Wellington Tenths Trust, a South Canterbury farming official says stealing 500 cows is like stealing the Crown jewels - complicated but not impossible, Auckland mayoral candidate Vic Crone pledges to bring forward the cross-harbour tunnel project by a decade or more after saying she'd make no commitments on it, while another candidate, Phil Goff wants to introduce a living wage for all council staff, the transgender community wants the waiting times for sex change operations cut, a sit down chat with Olympic pole vaulting bronze medalist Eliza McCartney and the real story behind the 2nd Bledisloe Cup test in Wellington from a former Wallaby.
