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.
We examine the role of business interruption insurance in business recovery following the Christchurch earthquake in 2011 in the short- and medium-term. In the short-term analysis, we ask whether insurance increases the likelihood of business survival in the aftermath of a disaster. We find only weak evidence that those firms that had incurred damage, but were covered by business interruption insurance, had higher likelihood of survival post-quake compared with those firms that did not have insurance. This absence of evidence may reflect the high degree of uncertainty in the months following the 2011 earthquake and the multiplicity of severe aftershocks. For the medium-term, our results show a more explicit role for insurance in the aftermath of a disaster. Firms with business interruption insurance have a higher probability of increasing productivity and improved performance following a catastrophe. Furthermore, our results show that those organisations that receive prompt and full payments of their claims have a better recovery, in terms of profitability and a subjective ‘”better off” measure’ than those that had protracted or inadequate claim payments (less than 80% of the claim paid within 2.5 years). Interestingly, the latter group does worse than those organisations that had damage but no insurance coverage. This analysis strongly indicates the importance not only of good insurance coverage, but of an insurance system that also delivers prompt claim payments. As a first paper attempting to empirically identify a causal effect of insurance on business recovery, we also emphasize some caveats to our analysis.
This thesis explores how social entrepreneurship develops following a crisis. A review of literature finds that despite more than 15 years of academic attention, a common definition of social entrepreneurship remains elusive, with the field lacking the unified framework to set it apart as a specialised field of study. There are a variety of different conceptualisations of how social entrepreneurship works, and what it aims to achieve. The New Zealand context for social entrepreneurship is explored, finding that it receives little attention from the government and education sectors, despite its enormous potential. A lack of readily available information on social entrepreneurship leads most studies to investigate it as a phenomenon, and given the unique context of this research, it follows suit. Following from several authors’ recommendations that social entrepreneurship be subjected to further exploration, this is an exploratory, inductive study. A multiple case study is used to explore how social entrepreneurship develops following a natural disaster, using the example of the February 2011 earthquake in Christchurch, New Zealand. With little existing theory in this research area, this method is used to provide interesting examples of how the natural disaster, recognised as a crisis, can lead to business formation. Findings revealed the crisis initially triggered an altruistic response from social entrepreneurs, leading them to develop newly highlighted opportunities that were related to fields in which they had existing skills and expertise. In the process of developing these opportunities, initial altruistic motivations faded, with a new focus on the pursuit of a social mission and aims for survival and growth. The social missions addressed broad issues, and while they did address the crisis to differing extents, they were not confined to addressing its consequences. A framework is presented to explain how social entrepreneurship functions, once triggered in response to crisis. This framework supports existing literature that depicts social entrepreneurship as a continuous process, and illustrates the effects of a crisis as the catalyst for social business formation. In the aftermath of a crisis, when resources are likely to be scarce, social entrepreneurs play a significant role in the recovery process and their contributions should be highly valued both by government and relevant disaster response bodies. Policies that support social entrepreneurs and their ventures should be considered in the same way as commercial ventures.
Sewerage systems convey sewage, or wastewater, from residential or commercial buildings through complex reticulation networks to treatment plants. During seismic events both transient ground motion and permanent ground deformation can induce physical damage to sewerage system components, limiting or impeding the operability of the whole system. The malfunction of municipal sewerage systems can result in the pollution of nearby waterways through discharge of untreated sewage, pose a public health threat by preventing the use of appropriate sanitation facilities, and cause serious inconvenience for rescuers and residents. Christchurch, the second largest city in New Zealand, was seriously affected by the Canterbury Earthquake Sequence (CES) in 2010-2011. The CES imposed widespread damage to the Christchurch sewerage system (CSS), causing a significant loss of functionality and serviceability to the system. The Christchurch City Council (CCC) relied heavily on temporary sewerage services for several months following the CES. The temporary services were supported by use of chemical and portable toilets to supplement the damaged wastewater system. The rebuild delivery agency -Stronger Christchurch Infrastructure Rebuild Team (SCIRT) was created to be responsible for repair of 85 % of the damaged horizontal infrastructure (i.e., water, wastewater, stormwater systems, and roads) in Christchurch. Numerous initiatives to create platforms/tools aiming to, on the one hand, support the understanding, management and mitigation of seismic risk for infrastructure prior to disasters, and on the other hand, to support the decision-making for post-disaster reconstruction and recovery, have been promoted worldwide. Despite this, the CES in New Zealand highlighted that none of the existing platforms/tools are either accessible and/or readable or usable by emergency managers and decision makers for restoring the CSS. Furthermore, the majority of existing tools have a sole focus on the engineering perspective, while the holistic process of formulating recovery decisions is based on system-wide approach, where a variety of factors in addition to technical considerations are involved. Lastly, there is a paucity of studies focused on the tools and frameworks for supporting decision-making specifically on sewerage system restoration after earthquakes. This thesis develops a decision support framework for sewerage pipe and system restoration after earthquakes, building on the experience and learning of the organisations involved in recovering the CSS following the CES in 2010-2011. The proposed decision support framework includes three modules: 1) Physical Damage Module (PDM); 2) Functional Impact Module (FIM); 3) Pipeline Restoration Module (PRM). The PDM provides seismic fragility matrices and functions for sewer gravity and pressure pipelines for predicting earthquake-induced physical damage, categorised by pipe materials and liquefaction zones. The FIM demonstrates a set of performance indicators that are categorised in five domains: structural, hydraulic, environmental, social and economic domains. These performance indicators are used to assess loss of wastewater system service and the induced functional impacts in three different phases: emergency response, short-term recovery and long-term restoration. Based on the knowledge of the physical and functional status-quo of the sewerage systems post-earthquake captured through the PDM and FIM, the PRM estimates restoration time of sewer networks by use of restoration models developed using a Random Forest technique and graphically represented in terms of restoration curves. The development of a decision support framework for sewer recovery after earthquakes enables decision makers to assess physical damage, evaluate functional impacts relating to hydraulic, environmental, structural, economic and social contexts, and to predict restoration time of sewerage systems. Furthermore, the decision support framework can be potentially employed to underpin system maintenance and upgrade by guiding system rehabilitation and to monitor system behaviours during business-as-usual time. In conjunction with expert judgement and best practices, this framework can be moreover applied to assist asset managers in targeting the inclusion of system resilience as part of asset maintenance programmes.
This thesis studies the behaviour of diaphragms in multi-storey timber buildings by providing methods for the estimation of the diaphragm force demand, developing an Equivalent Truss Method for the analysis of timber diaphragms, and experimentally investigating the effects of displacement incompatibilities between the diaphragm and the lateral load resisting system and developing methods for their mitigation. The need to better understand the behaviour of diaphragms in timber buildings was highlighted by the recent 2010-2011 Canterbury Earthquake series, where a number of diaphragms in traditional concrete buildings performed poorly, compromising the lateral load resistance of the structure. Although shortcomings in the estimation of force demand, and in the analysis and design of concrete floor diaphragms have already been partially addressed by other researchers, the behaviour of diaphragms in modern multi-storey timber buildings in general, and in low damage Pres-Lam buildings (consisting of post-tensioned timber members) in particular is still unknown. The recent demand of mid-rise commercial timber buildings of ten storeys and beyond has further highlighted the lack of appropriate methods to analyse timber diaphragms with irregular floor geometries and large spans made of both light timber framing and massive timber panels. Due to the lower stiffness of timber lateral load resisting systems, compared with traditional construction materials, and the addition of in-plane flexible diaphragms, the effect of higher modes on the global dynamic behaviour of a structure becomes more critical. The results from a parametric non-linear time-history analysis on a series of timber frame and wall structures showed increased storey shear and moment demands even for four storey structures when compared to simplistic equivalent static analysis. This effect could successfully be predicted with methods available in literature. The presence of diaphragm flexibility increased diaphragm inter-storey drifts and the peak diaphragm demand in stiff wall structures, but had less influence on the storey shears and moments. Diaphragm force demands proved to be significantly higher than the forces derived from equivalent static analysis, leading to potentially unsafe designs. It is suggested to design all diaphragms for the same peak demand; a simplified approach to estimate these diaphragm forces is proposed for both frame and wall structures. Modern architecture often requires complex floor geometries with long spans leading to stress concentrations, high force demands and potentially large deformations in the diaphragms. There is a lack of guidance and regulation regarding the analysis and design of timber diaphragms and a practical alternative to the simplistic equivalent deep beam analysis or costly finite element modelling is required. An Equivalent Truss Method for the analysis of both light timber framed and massive timber diaphragms is proposed, based on analytical formulations and verified against finite element models. With this method the panel unit shear forces (shear flow) and therefore the fastener demand, chord forces and reaction forces can be evaluated. Because the panel stiffness and fastener stiffness are accounted for, diaphragm deflection, torsional effects and transfer forces can also be assessed. The proposed analysis method is intuitive and can be used with basic analysis software. If required, it can easily be adapted for the use with diaphragms working in the non-linear range. Damage to floor diaphragms resulting from displacement incompatibilities due to frame elongation or out-of plane deformation of walls can compromise the transfer of inertial forces to the lateral load resisting system as well as the stability of other structural elements. Two post-tensioned timber frame structures under quasi-static cyclic and dynamic load, respectively, were tested with different diaphragm panel layouts and connections investigating their ability to accommodate frame elongations. Additionally, a post-tensioned timber wall was loaded under horizontal cyclic loads through two pairs of collector beams. Several different connection details between the wall and the beams were tested, and no damage to the collector beams or connections was observed in any of the tests. To evaluate the increased strength and stiffness due to the wall-beam interaction an analytical procedure is presented. Finally, a timber staircase core was tested under bi-directional loading. Different connection details were used to study the effect of displacement incompatibilities between the orthogonal collector beams. These experiments showed that floor damage due to displacement incompatibilities can be prevented, even with high levels of lateral drift, by the flexibility of well-designed connections and the flexibility of the timber elements. It can be concluded that the flexibility of timber members and the flexibility of their connections play a major role in the behaviour of timber buildings in general and of diaphragms specifically under seismic loads. The increased flexibility enhances higher mode effects and alters the diaphragm force demand. Simple methods are provided to account for this effect on the storey shear, moment and drift demands as well as the diaphragm force demands. The analysis of light timber framing and massive timber diaphragms can be successfully analysed with an Equivalent Truss Method, which is calibrated by accounting for the panel shear and fastener stiffnesses. Finally, displacement incompatibilities in frame and wall structures can be accommodated by the flexibilities of the diaphragm panels and relative connections. A design recommendations chapter summarizes all findings and allows a designer to estimate diaphragm forces, to analyse the force path in timber diaphragms and to detail the connections to allow for displacement incompatibilities in multi-storey timber buildings.
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
