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Audio, Radio New Zealand

University of Canterbury's John Hopkins and Toni Collins explain disaster law and shortcomings in NZ's legal system highlighted by the Canterbury earthquakes.

Audio, Radio New Zealand

Toni Collins is a Canterbury University PhD researcher in law, who is investigating how commercial leases could be written to better deal with the aftermath of earthquakes, and how cases of disputes could progress through the courts.

Research papers, University of Canterbury Library

The 2010–2011 Canterbury earthquakes and their aftermath have been described by the Human Rights Commission as one of New Zealand's greatest contemporary human rights challenges. This article documents the shortcomings in the realisation of the right to housing in post-quake Canterbury for homeowners, tenants and the homeless. The article then considers what these shortcomings tell us about New Zealand's overall human rights framework, suggesting that the ongoing and seemingly intractable nature of these issues and the apparent inability to resolve them indicate an underlying fragility implicit in New Zealand's framework for dealing with the consequences of a large-scale natural disaster. The article concludes that there is a need for a comprehensive human rights-based approach to disaster preparedness, response and recovery in New Zealand.

Audio, Radio New Zealand

Major Australian law firm Maurice Blackburn has agreed to underwrite a class action law suit against Southern Response seeking redress for Canterbury earthquake claimants. Christchurch lawyer Grant Cameron says "hidden costs" led to significant underpayments to about 3000 people. Maurice Blackburn is a law firm which specialises in class actions, its principal lawyer Martin Hyde joins Kathryn, along with Grant Cameron, to talk about why they think they have a strong case.

Research papers, University of Canterbury Library

Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.