A photograph of a man at the 'free legal help' table in a temporary emergency management centre set up after the 22 February 2011 earthquake. The table was set up by Community Law Canterbury to offer free legal help to those in need.
I want to talk a bit about a media project that I started work on over the summer, which is part of a larger project the Faculty of Law at Canterbury is carrying out, investigating the many legal issues that have arisen from the earthquakes.
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.
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.
This paper presents the preliminary conclusions of the first stage of Wellington Case Study project (Regulating For Resilience in an Earthquake Vulnerable City) being undertaken by the Disaster Law Research Group at the University of Canterbury Law School. This research aims to map the current regulatory environment around improving the seismic resilience of the urban built environment. This work provides the basis for the second stage of the project which will map the regulatory tools onto the reality of the current building stock in Wellington. Using a socio-legal methodology, the current research examines the regulatory framework around seismic resilience for existing buildings in New Zealand, with a particularly focus on multi-storey in the Wellington CBD. The work focusses both on the operation and impact of the formal seismic regulatory tools open to public regulators (under the amended Building Act) as other non-seismic regulatory tools. As well as examining the formal regulatory frame, the work also provides an assessment of the interactions between other non-building acts (such as Health and Safety at Work Act 2015) on the requirements of seismic resilience. Other soft-law developments (particularly around informal building standards) are also examined. The final output of this work will presents this regulatory map in a clear and easily accessible manner and provide an assessment of the suitability of this at times confusing and patchy legal environment as Wellington moves towards becoming a resilient city. The final conclusion of this work will be used to specifically examine the ability of Wellington to make this transition under the current regulatory environment as phase two of the Wellington Case Study project.
The world experiences a number of disasters each year. Following a disaster, the affected area moves to a phase of recovery which involves multiple stakeholders. An important element of recovery is planning the rebuild of the affected environment guided by the legislative framework to which planning is bound to (March & Kornakova, 2017). Yet, there appears to be little research that has investigated the role of planners in a recovery setting and the implications of recovery legislative planning frameworks. This study was conducted to explore the role of the planner in the Canterbury earthquake recovery process in New Zealand and the impact of the Canterbury Earthquake Recovery Act 2011 (CER Act) on planners’ roles and how they operated. The methodology comprised a combination of document analysis of legislation and related recovery material and 21 semi-structured interviews with key planners, politicians and professionals involved in the recovery. The results suggest that the majority of planners interviewed were affected by the CER Act in their role and how they operated, although institutional context, especially political constraints, was a key factor in determining the degree of impact. It is argued that planners played a key role in recovery and were generally equipped in terms of skills needed in a recovery setting. In order to better utilise planners in post-disaster recovery or disaster risk management, two suggestions are proposed. Firstly, better promote planners and their capabilities to improve awareness of what planners can do. Secondly, educate and build an understanding between central government politicians and planners over each others role to produce better planning outcomes.
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