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.
Text reads 'What??... Is it another quake?.. No, it's just Gerry Brownlee rushing the CERA bill through'. The cartoon shows the huge back of Minister for Christchurch Recovery Gerry Brownlee moving energetically and forcefully to get the CERA bill past its third reading. Context - The bill establishes the Canterbury Earthquake Recovery Authority (Cera) and empowers it to lead reconstruction efforts in Christchurch. It gives Cera specific powers to get information from any source, to requisition and build on land and to carry out demolitions. It can also take over local authorities if they are not working effectively on recovery work.
Quantity: 1 digital cartoon(s).
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.
Beam-column joints are addressed in the context of current design procedures and performance criteria for reinforced concrete ductile frames subjected to large earthquake motions. Attention is drawn to the significant differences between the pertinent requirements of concrete design codes of New Zealand and the United States for such joints. The difference between codes stimulated researchers and structural engineers of the United States, New Zealand, Japan and China to undertake an international collaborative research project. The major investigators of the project selected issues and set guidelines for co-ordinated testing of joint specimens designed according to the codes of the countries. The tests conducted at the University of Canterbury, New Zealand, are reported. Three full-scale beam-column-slab joint assemblies were designed according to existing code requirements of NZS 3101:1982, representing an interior joint of a one-way frame, an interior joint of a two-way frame, and an exterior joint of a two-way frame. Quasistatic cyclic loading simulating severe earthquake actions was applied. The overall performance of each test assembly was found to be satisfactory in terms of stiffness, strength and ductility. The joint and column remained essentially undamaged while plastic hinges formed in the beams. The weak beam-strong column behaviour sought in the design, desirable in tall ductile frames designed for earthquake resistance, was therefore achieved. Using the laws of statics and test observations, the action and flow of forces from the slabs, beams and column to the joint cores are explored. The effects of bond performance and the seismic shear resistance of the joints, based on some postulated mechanisms, are examined. Implications of the test results on code specifications are discussed and design recomendations are made.
The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.
