The Canterbury earthquakes of 2010 and 2011 generated hundreds of thousands of insurance claims, many of which were disputed. The New Zealand justice system faced the same challenge encountered by other jurisdictions following a natural disaster: how to resolve these disputes quickly and at minimal cost but also fairly, to avoid compounding the disaster with injustice? The thesis is of this article is that although the earthquakes were catastrophic for New Zealand, they also created a unique opportunity to design an innovative civil justice process—the Christchurch High Court Earthquake List—and to test, over a relatively short timeframe, how well that process works. This article describes the Christchurch High Court Earthquake List and analyses it by reference to civil justice theory about the relative normative values of public adjudication and private settlement and the dialogic relationship between them. It then evaluates the List, using statistics available five years on from the earthquakes and by reference to the author’s own experience mediating earthquake disputes.
A review of the week's news including... Relief after cyclone Cook passes quickly down the North Island with limited damage, questions about what was known about the increasing risk of Edgecumbe stop banks bursting, the man who gave us Fred Dagg has died suddenly, three more former CERA staffers are being investigated after conflict of interests prompted calls for a wider inquiry, a warning more homeless families will be sleeping in cars parks and garages in Auckland this winter, the High Court rules excessive defamation damages against Colin Craig constitute a miscarriage of justice, a verdict in a defamation against the Labour leader Andrew Little, relatives of New Zealand soldiers killed on duty in South East Asia are relieved their family members will be finally returned home, US consumer campaigner Erin Brockovich visits Christchurch homeowners who are trying to settle earthquake insurance claims six years on, three teams have been cut from the Super Rugby competition and a more than 50 year old copper time capsule has been cracked open.
A review of the week's news including... Mt Albert voters head to the polls to select a new MP this weekend, we hear from three candidates contesting the by election, Maori political leaders respond explosively to the Labour leader's comments that the Maori party is "not kaupapa Maori", how did a senior council roading manager receive over 1.1 million dollars in payments from a council contractor without his bosses knowing? the High Court rules Kim Dotcom is eligible for extradition US, the Fire Service's principal rural fire officer says lives may have been lost had firefighters not been told to return to their station, Sky TV says a decision to deny its billion dollar proposal to buy Vodafone is bizarre and disappointing, Pharmac considers funding women's sanitary products, we have coverage from the 6th anniversary of the Christchurch earthquake, the Prime Minister puts the board of the NZ Super Fund on notice after it approved a 23 percent pay increase for its Chief Executive, an Australian woman helping New Zealand dairy farmers across the Tasman who have fallen onto hard times is horrified by a lack of Government help and helicopters to Hercules and F-16s to classic spitfire replicas are on display at Ohakea airforce base during this weekend's Air Tattoo.
