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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

Images, UC QuakeStudies

A photograph of temporary structures, created from scaffolding for CityUps. CityUps was a 'city of the future for one night only', and the main event of FESTA 2014. It was created by architecture students in collaboration with local businesses, artists, performers and innovators.

Images, UC QuakeStudies

A photograph of a temporary structure, created from scaffolding for CityUps. CityUps was a 'city of the future for one night only', and the main event of FESTA 2014. It was created by architecture students in collaboration with local businesses, artists, performers and innovators.

Images, UC QuakeStudies

A photograph of a temporary structure, created from scaffolding for CityUps. CityUps was a 'city of the future for one night only', and the main event of FESTA 2014. It was created by architecture students in collaboration with local businesses, artists, performers and innovators.

Images, UC QuakeStudies

A photograph of a temporary structure, created from scaffolding for CityUps. CityUps was a 'city of the future for one night only', and the main event of FESTA 2014. It was created by architecture students in collaboration with local businesses, artists, performers and innovators.

Images, UC QuakeStudies

A photograph of people in high visibility gear and hard hats constructing an installation for CityUps. CityUps was a 'city of the future for one night only', and the main event of FESTA 2014. It was created by architecture students in collaboration with local businesses, artists, performers and innovators.

Research papers, University of Canterbury Library

New Zealand has a long tradition of using light timber frame for construction of its domestic dwellings. After the most recent earthquakes (e.g. Canterbury earthquakes sequence), wooden residential houses showed satisfactory life safety performance. However, poor performance was reported in terms of their seismic resilience. Although numerous innovative methods to mitigate damage have been introduced to the New Zealand community in order to improve wooden house performance, these retrofit options have not been readily taken up. The low number of retrofitted wooden-framed houses leads to questions about whether homeowners are aware of the necessity of seismic retrofitting their houses to achieve a satisfactory seismic performance. This study aims to explore different retrofit technologies that can be applied to wooden-framed houses in Wellington, taking into account the need of homeowners to understand the risk, likelihood and extent of damage expected after an event. A survey will be conducted in Wellington about perceptions of homeowners towards the expected performance of their wooden-framed houses. The survey questions were designed to gain an understanding of homeowners' levels of safety and awareness of possible damage after a seismic event. Afterwards, a structural review of a sample of the houses will be undertaken to identify common features and detail potential seismic concerns. The findings will break down barriers to making improvements in the performance of wooden-framed houses and lead to enhancements in the confidence of homeowners in the event of future seismic activity. This will result in increased understanding and contribute towards an accessible knowledge base, which will possibly increase significantly the use of these technologies and avoid unnecessary economic and social costs after a seismic event.

Research Papers, Lincoln University

The city of Christchurch, New Zealand, incurred significant damage due to a series of earthquakes in 2010 and 2011. The city had, by the late 2010s, regained economic and social normalcy after a sustained period of rebuilding and economic recovery. Through the concerted rebuilding effort, a modern central business district (CBD) with redesigned infrastructure and amenities was developed. The Christchurch rebuild was underpinned by a commitment of urban planners to an open and connected city, including the use of innovative technologies to gather, use and share data. As was the case elsewhere, the COVID-19 pandemic brought about significant disruptions to social and economic life in Christchurch. Border closures, lockdowns, trading limitations and other restrictions on movement led to changes in traditional consumer behaviors and affected the retail sector’s resilience. In this study, we used CBD pedestrian traffic data gathered from various locations to predict changes in retail spending and identify recovery implications through the lens of retail resilience. We found that the COVID-19 pandemic and its related lockdowns have driven a substantive change in the behavioral patterns of city users. The implications for resilient retail, sustainable policy and further research are explored.

Articles, UC QuakeStudies

A PDF copy of signage for the Places of Tranquillity initiative. Healthy Christchurch lead the collaborative project to create six gardens of beauty and peace to fill in some of the grey demolition sites across Christchurch. The signage promotes the initiative and invites people to register to create tranquil gardens at healthychristchurch.org.nz. From healthychristchurch.org.nz: "Healthy Christchurch is leading this innovative collaboration creating six gardens of beauty and peace to fill in some of the grey demolition sites across Christchurch.These gardens are for peace and tranquillity as well as family and community use with spaces designed for both." "This is a Healthy Christchurch collaboration in partnership with the city's ethnic communities to include their traditions, cultures and spiritual beliefs. This ensures that these communities' voices and presence is more visible in the rebuild of our city. There are three key partners in this collaborative project. Greening the Rubble are providing expertise in temporary site development and project managing the creation. Lincoln University School of Landscape Architecture provided the student competition and are supporting the winning students and their designs into fruition. Community and Public Health (CDHB) provide the overall project management, networks and promotion." "In 2012 Lincoln University School of Landscape Architecture students created 40 beautiful designs for the Places of Tranquillity. Six winning designs were chosen from the 995 votes made online or at the displays at Community and Public Health and the Migrant Centre. The six winners were announced at the Healthy Christchurch Hui on the 31st May 2012. Each winning student received a Certificate and a $50 Scorpio Book Voucher. The awards were presented by Michelle Mitchell, General Manager of the CERA Wellbeing Team."

Research Papers, Lincoln University

Successful urban regeneration projects generate benefits that are realised over a much longer timeframe than normal market developments and benefits well beyond those that can be uplifted by a market developer. Consequently there is substantial evidence in the literature that successful place-making and urban regeneration projects are usually public-private partnerships and involve a funder, usually local or central government, willing to contribute ‘patient’ capital. Following the 2010 and 2011 earthquakes that devastated the centre of Christchurch, there was an urgent need to rebuild and revitalise the heart of the city, and increasing the number of people living in or near the city centre was seen as a key ingredient of that. In October 2010, an international competition was launched to design and build an Urban Village, a project intended to stimulate renewed residential development in the city. The competition attracted 58 entrants from around world, and in October 2013 the winning team was chosen from four finalists. However the team failed to secure sufficient finance, and in November 2015 the Government announced that the development would not proceed. The Government was unwilling or unable to recognise that an insistence on a pure market approach would not deliver the innovative sustainable village asked for in the competition brief, and failed to factor in the opportunity cost to government, local government, local businesses and the wider Christchurch community of delaying by many years the residential development of the eastern side of the city. As a result, the early vision of the vitality that a thriving residential neighbourhood would bring to the city has not yet been realised.

Research Papers, Lincoln University

The urban environment influences the way people live and shape their everyday lives, and microclimate sensitive design can enhance the use of urban streets and public spaces. Innovative approaches to urban microclimate design will become more important as the world’s population becomes ever more urban, and climate change generates more variability and extremes in urban microclimatic conditions. However, established methods of investigation based upon conventions drawn from building services research and framed by physiological concepts of thermal comfort may fail to capture the social dynamics of urban activity and their interrelationship with microclimate. This research investigates the relationship between microclimate and urban culture in Christchurch, New Zealand, based upon the concept of urban comfort. Urban comfort is defined as the socio-cultural (therefore collective) adaptation to microclimate due to satisfaction with the urban environment. It involves consideration of a combination of human thermal comfort requirements and adaptive comfort circumstances, preferences and strategies. A main methodological challenge was to investigate urban comfort in a city undergoing rapid physical change following a series of major earthquakes (2010-2011), and that also has a strongly seasonal climate which accentuates microclimatic variability. The field investigation had to be suitable for rapidly changing settings as buildings were demolished and rebuilt, and be able to capture data relevant to a cycle of seasons. These local circumstances meant that Christchurch was valuable as an example of a city facing rapid and unpredictable change. An interpretive, integrative, and adaptive research strategy that combined qualitative social science methods with biophysical measures was adopted. The results are based upon participant observation, 86 in-depth interviews with Christchurch residents, and microclimate data measurements. The interviews were carried out in a variety of urban settings including established urban settings (places sustaining relatively little damage) and emerging urban settings (those requiring rebuilding) during 2011-2013. Results of this research show that urban comfort depends on adaptive strategies which in turn depend on culture. Adaptive strategies identified through the data analysis show a strong connection between natural and built landscapes, combined with the regional outdoor culture, the Garden City identity and the connections between rural and urban landscapes. The results also highlight that thermal comfort is an important but insufficient indicator of good microclimate design, as social and cultural values are important influences on climate experience and adaptation. Interpretive research is needed to fully understand urban comfort and to provide urban microclimate design solutions to enhance the use of public open spaces in cities undergoing change.