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Videos, UC QuakeStudies

A video of a presentation by Associate Professor John Vargo during the fifth plenary of the 2016 People in Disasters Conference. Vargo is a senior researcher and co-leader of the Resilient Organisations Research Programme at the University of Canterbury. The presentation is titled, "Organisational Resilience is more than just Business Continuity".The abstract for this presentation reads as follows: Business Continuity Management is well-established process in many larger organisations and a key element in their emergency planning. Research carried out by resilient organisations follow the 2010 and 2011 Canterbury Earthquakes show that most small organisations did not have a business continuity plan (BCP), yet many of these organisations did survive the massive disruptions following the earthquakes. They were resilient to these catastrophic events, but in the absence of a BCP. This research also found that many of the organisations with BCP's, struggled to use them effectively when facing real events that did not align with the BCP. Although the BCPs did a good job of preparing organisations to deal with technology and operational disruptions, there was virtually no coverage for the continuity of people. Issues surrounding staff welfare and engagement were amongst the most crucial issues faced by Canterbury organisations, yet impacts of societal and personal disruption did not feature in BCPs. Resilience is a systematic way of looking at how an organization can survive a crisis and thrive in an uncertain world. Business continuity is an important aspect for surviving the crisis, but it is only part of the bigger picture addressed by organisational resilience. This presentation will show how organizational experiences in the Canterbury earthquakes support the need to move to a 'Business Continuity' for the '21st Century', one that incorporates more aspects of resilience, especially the 'people' areas of leadership, culture, staff welfare, and engagement.

Audio, Radio New Zealand

NUK KORAKO to the Minister of Finance: How does New Zealand’s growing economy and the Government’s commitment to responsible fiscal management mean New Zealand is well-placed to respond to the Kaikōura earthquake? ANDREW LITTLE to the Prime Minister: Has he spoken to relevant Ministers about the lessons learned from the Canterbury earthquakes to ensure people affected by the recent earthquakes have an easier and faster recovery? STUART SMITH to the Minister of Civil Defence: What update can he provide about the Government’s response to the Kaikōura earthquake? RON MARK to the Prime Minister: Can he update the House on the situation in quake-affected areas in the South Island? JAMES SHAW to the Prime Minister: Is he committed to all his Government’s policies? Hon ANNETTE KING to the Minister of Health: Does he stand by his statement that following the Valentine’s Day earthquake this year in Canterbury, “it was timely to review whether any additional mental health and wellbeing support was needed”; if so, will he consider reviewing whether any additional support is needed for Canterbury and Nelson-Marlborough district health boards as a result of the recent earthquakes? JACQUI DEAN to the Minister of Transport: What updates has he received on damage to transport infrastructure following the Kaikōura earthquake? JAN LOGIE to the Minister for Workplace Relations and Safety: What is his response to yesterday’s call from members of the Joint Working Group on Pay Equity Principles for the Government to “immediately right this historic wrong and implement the JWG principles”? JACINDA ARDERN to the Minister for Economic Development: When is he likely to announce a recovery or support package for small businesses in earthquake-affected areas? KANWALJIT SINGH BAKSHI to the Minister of Police: What are New Zealand Police doing to support the Kaikōura community? CHRIS HIPKINS to the Minister of Education: When did she first discuss the potential impact of Monday’s 7.5 earthquake on NCEA and Scholarship exams with the New Zealand Qualifications Authority? IAN McKELVIE to the Minister for Primary Industries: What recent reports has he received on the impact of the recent earthquakes on the primary sector?

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