This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard of care, as set out under s 150A of the Crimes Act 1961. The paper then examines failings in s 150A’s current application, arguing that the “major departure” test has created injustices due to its strictly objective nature. Two examples of this are discussed in-depth, Bawa-Garba v R (UK) where a doctor was convicted of grossly negligent manslaughter for the death of her patient; and the decision not to prosecute the negligent engineers of the CTV building which collapsed in the Christchurch earthquake of 2011. The paper discusses three potential resolutions moving forward. It concludes that a more subjective interpretation of the wording of s 150A, which takes account of circumstances excusing or condemning a defendant’s conduct, would prevent future injustices and be a reasonably open interpretation on the wording of s 150A.
Natural catastrophes are increasing worldwide. They are becoming more frequent but also more severe and impactful on our built environment leading to extensive damage and losses. Earthquake events account for the smallest part of natural events; nevertheless seismic damage led to the most fatalities and significant losses over the period 1981-2016 (Munich Re). Damage prediction is helpful for emergency management and the development of earthquake risk mitigation projects. Recent design efforts focused on the application of performance-based design engineering where damage estimation methodologies use fragility and vulnerability functions. However, the approach does not explicitly specify the essential criteria leading to economic losses. There is thus a need for an improved methodology that finds the critical building elements related to significant losses. The here presented methodology uses data science techniques to identify key building features that contribute to the bulk of losses. It uses empirical data collected on site during earthquake reconnaissance mission to train a machine learning model that can further be used for the estimation of building damage post-earthquake. The first model is developed for Christchurch. Empirical building damage data from the 2010-2011 earthquake events is analysed to find the building features that contributed the most to damage. Once processed, the data is used to train a machine-learning model that can be applied to estimate losses in future earthquake events.
Detailed studies on the sediment budget may reveal valuable insights into the successive build-up of the Canterbury Plains and their modification by Holocene fluvialaction connected to major braided rivers. Additionally, they bear implications beyond these fluvial aspects. Palaeoseismological studies claim to have detected signals of major Alpine Fault earthquakes in coastal environments along the eastern seaboard of the South Island (McFadgen and Goff, 2005). This requires high connectivity between the lower reaches of major braided rivers and their mountain catchments to generate immediate significant sediment pulses. It would be contradictory to the above mentioned hypothesis though. Obtaining better control on sediment budgets of braided rivers like the Waimakariri River will finally add significant value to multiple scientific and applied topics like regional resource management. An essential first step of sediment budget studies Is to systematically map the geomorphology, conventionally in the field and/or using remote-sensing applications, to localise, genetically identify, and classify landforms or entire toposequences of the area being investigated. In formerly glaciated mountain environments it is also indispensable to obtain all available chronological information supporting subsequent investigations.
Natural hazard reviews reveal increases in disaster impacts nowhere more pronounced than in coastal settlements. Despite efforts to enhance hazard resilience, the common trend remains to keep producing disaster prone places. This paper explicitly explores hazard versus multi-hazard concepts to illustrate how different conceptualizations can enhance or reduce settlement resilience. Understandings gained were combined with onthe-ground lessons from earthquake and flooding experiences to develop of a novel ‘first cut’ approach for analyzing key multi-hazard interconnections, and to evaluate resilience enhancing opportunities. Traditional disaster resilience efforts often consider different hazard types discretely. However, recent events in Christchurch, a New Zealand city that is part of the 100 Resilient Cities network, highlight the need to analyze the interrelated nature of different hazards, especially for enhancing lifelines system resilience. Our overview of the Christchurch case study demonstrates that seismic, hydrological, shallow-earth, and coastal hazards can be fundamentally interconnected, with catastrophic results where such interconnections go unrecognized. In response, we have begun to develop a simple approach for use by different stakeholders to support resilience planning, pre and post disaster, by: drawing attention to natural and built environment multi-hazard links in general; illustrating a ‘first cut’ tool for uncovering earthquake-flooding multi-hazard links in particular; and providing a basis for reviewing resilience strategy effectiveness in multi-hazard prone environments. This framework has particular application to tectonically active areas exposed to climate-change issues.
Livelihood holds the key to a rapid recovery following a large-scale devastating disaster, building its resilience is of paramount importance. While much attention has been given to how to help people who are displaced from their jobs to regain employment, little research on livelihood resilience has been undertaken for those relocated communities following a disaster event. By studying five re-located villages post-2004 Indian Ocean Tsunami in Banda Aceh and Aceh Besar, Indonesia, this research has identified the indicators of livelihood resilience and the critical factors driving it for post-disaster relocated communities. A mixed approach, combining questionnaire surveys, semistructured interviews, and field observations, was used for the collection of data. Housing entitlement, the physical and mental health of residents, access to external livelihood support and the provision of infrastructure and basic services were identified as amongst the most critical indicators that represent the level of livelihood resilience. Early recovery income support, physical and mental health, availability and timeliness of livelihood support, together with cultural sensitivity and governance structure, are amongst the most important factors. Given the nature of resettlement, access to infrastructure, location of relocated sites, the safety of the neighbourhood and the ability to transfer to other jobs/skills also play an important role in establishing sustained employment for relocated communities in Indonesia. Those indicators and factors were synthesised into a framework which was further tested in the recovery of Christchurch, and Kaikoura, New Zealand during their recovery from devastating earthquakes. It is suggested that the framework can be used by government agencies and aid organisations to assess the livelihood resilience of post-disaster relocated communities. This will help better them plan support policies and/or prioritise resilience investment strategies to ensure that the recovery needs of those relocated are best met.
Farming and urban regions are impacted by earthquake disasters in different ways, and feature a range of often different recovery requirements. In New Zealand, and elsewhere, most earthquake impact and recovery research is urban focused. This creates a research deficit that can lead to the application of well-researched urban recovery strategies in rural areas to suboptimal effect. To begin to reduce this deficit, in-depth case studies of the earthquake impacts and recovery of three New Zealand farms severely impacted by the 14th November 2016, M7.8 Hurunui-Kaikōura earthquake were conducted. The initial earthquake, its aftershocks and coseismic hazards (e.g., landslides, liquefaction, surface rupture) affected much of North Canterbury, Marlborough and the Wellington area. The three case study farms were chosen to broadly represent the main types of farming and topography in the Hurunui District in North Canterbury. The farms were directly and indirectly impacted by earthquakes and related hazards. On-farm infrastructure (e.g., woolsheds, homesteads) and essential services (e.g., water, power), frequently sourced from distributed networks, were severely impacted. The earthquake occurred after two years of regional drought had already stressed farm systems and farmers to restructuring or breaking point. Cascading interlinked hazards stemming from the earthquakes and coseismic hazards continued to disrupt earthquake recovery over a year after the initial earthquake. Semi-structured interviews with the farmers were conducted nine and fourteen months after the initial earthquake to capture the timeline of on-going impacts and recovery. Analysis of both geological hazard data and interview data resulted in the identification of key factors influencing farm level earthquake impact and recovery. These include pre-existing conditions (e.g., drought); farm-specific variations in recovery timelines; and resilience strategies for farm recovery resources. The earthquake recovery process presented all three farms with opportunities to change their business plans and adapt to mitigate on-going and future risk.
This study is a qualitative investigation into the decision-making behaviour of commercial property owners (investors and developers) who are rebuilding in a city centre after a major disaster. In 2010/2011, Christchurch, the largest city in the South Island of New Zealand, was a site of numerous earthquakes. The stronger earthquakes destroyed many buildings and public infrastructure in the commercial inner city. As a result, affected property owners lost all or most of their buildings, a significant proportion of which were old and in the last phase of their life span. They had to negotiate pay-outs with insurance companies and decide, once paid out, whether they should rebuild in Christchurch or sell up and invest elsewhere. The clear majority of those who decided to reinvest in and rebuild the city are ‘locals’, almost all of whom had no prior experience of property development. Thus, in a post-disaster environment, most of these property owners have transitioned from being just being passive investors to active property developers. Their experience was interpreted using primary data gathered from in-depth and semi-structured interviews with twenty-one “informed property people” who included commercial property owners; property agents or consultants; representatives of public-sector agencies and financial institutions. The study findings showed that the decision-making behaviour of property investors and developers rebuilding after a major disaster did not necessarily follow a strict financial or profit motive as prescribed in the mainstream or neo-classical economics property literature. Rather, their decision-making behaviour has been largely shaped by emotional connections and external factors associated with their immediate environment. The theoretical proposition emerging from this study is that after a major disaster, local urban property owners are faced with two choices “to stay” or “to go”. Those who decide to stay and rebuild are typically very committed individuals who have a feeling of ownership, belonging and attachment to the city in which they live and work. These are people who will often take the lead in commercial property development, proactively making decisions and seeking positive investment outcomes for themselves which in turn result in revitalised commercial urban precincts.
Following the 2010/2011 Canterbury (New Zealand) earthquakes the seismic design of buildings with precast concrete panels has received significant attention. Although this form of construction generally performed adequately in Christchurch, there were a considerable number of precast concrete panel connection failures. This observation prompted a review of more than 4700 panel details to establish representative details used in both existing and new multi-storey and low rise industrial precast concrete buildings. The detailing and quantity of each reviewed connection type in the sampled data is reported, and advantages and potential deficiencies of each connection type are discussed. Following the Canterbury earthquakes, it was observed that brittle failure had occurred in some grouted metal duct connections used for precast concrete wall panels, resulting in recommendations for more robust detailing of this connection type. A set of experimental tests was subsequently performed to investigate the in-plane seismic behaviour of precast concrete wall panel connections. This testing comprised of seven reversed cyclic in-plane tests of fullscale precast concrete wall panels having wall-to-foundation grouted metal duct connections. Walls with existing connection detailing were found to perform adequately when carrying low axial loads, but performance was found to be less satisfactory as the axial load and wall panel length increased. The use of new recommended detailing was observed to prevent brittle connection response and to improve the robustness of the reinforcement splice. A parametric investigation was conducted using the finite element method to predict the failure mode of metal duct connections. From the results of the parametric study on metal duct connections it was identified that there were three possible failure modes, being reinforcement fracture, concrete spalling without metal duct pull out, and concrete spalling with metal duct pull-out. An alternative simple analytical method was proposed in order to determine the type of connection failure without using a time-consuming finite element method. Grouted sleeves inserts are an alternative connector that is widely used to connect wall panels to the foundations. The two full-scale wall panels were subjected to reversed cyclic in-plane demands until failure of either the connection or the wall panel. Wall panel failure was due to a combination of connection reinforcement pulling-out from the coupler and reinforcement fracture. In addition, non-embedded grouted sleeve tests filled with different quality of grout were conducted by subjecting these coupler assemblages to cyclic and monotonic forces.
Reinforced concrete buildings that satisfied modern seismic design criteria generally behaved as expected during the recent Canterbury and Kaikoura earthquakes in New Zealand, forming plastic hinges in intended locations. While this meant that life-safety performance objectives were met, widespread demolition and heavy economic losses took place in the aftermath of the earthquakes.The Christchurch central business district was particularly hard hit, with over 60% of the multistorey reinforced concrete buildings being demolished. A lack of knowledge on the post-earthquake residual capacity of reinforced concrete buildings was a contributing factor to the mass demolition.Many aspects related to the assessment of earthquake-damaged reinforced concrete buildings require further research. This thesis focusses on improving the state of knowledge on the post earthquakeresidual capacity and reparability of moderately damaged plastic hinges, with an emphasis on plastic hinges typical of modern moment frame structures. The repair method focussed on is epoxy injection of cracks and patching of spalled concrete. A targeted test program on seventeen nominally identical large-scale ductile reinforced concrete beams, three of which were repaired by epoxy injection following initial damaging loadings, was conducted to support these objectives. Test variables included the loading protocol, the loading rate, and the level of restraint to axial elongation.The information that can be gleaned from post-earthquake damage surveys is investigated. It is shown that residual crack widths are dependent on residual deformations, and are not necessarily indicative of the maximum rotation demands or the plastic hinge residual capacity. The implications of various other types of damage typical of beam and column plastic hinges are also discussed.Experimental data are used to demonstrate that the strength and deformation capacity of plastic hinges with modern seismic detailing are often unreduced as a result of moderate earthquake induced damage, albeit with certain exceptions. Special attention is given to the effects of prior yielding of the longitudinal reinforcement, accounting for the low-cycle fatigue and strain ageing phenomena. A material-level testing program on the low-cycle fatigue behaviour of grade 300E reinforcing steel was conducted to supplement the data available in the literature.A reduction in stiffness, relative to the initial secant stiffness to yield, occurs due to moderate plastic hinging damage. This reduction in stiffness is shown to be correlated with the ductility demand,and a proposed model gives a conservative lower-bound estimate of the residual stiffness following an arbitrary earthquake-type loading. Repair by epoxy injection is shown to be effective in restoring the majority of stiffness to plastic hinges in beams. Epoxy injection is also shown to have implications for the residual strength and elongation characteristics of repaired plastic hinges.
A review of the literature showed the lack of a truly effective damage avoidance solution for timber or hybrid timber moment resisting frames (MRFs). Full system damage avoidance selfcentring behaviour is difficult to achieve with existing systems due to damage to the floor slab caused by beam-elongation. A novel gravity rocking, self-centring beam-column joint with inherent and supplemental friction energy dissipation is proposed for low-medium rise buildings in all seismic zones where earthquake actions are greater than wind. Steel columns and timber beams are used in the hybrid MRF such that both the beam and column are continuous thus avoiding beam-elongation altogether. Corbels on the columns support the beams and generate resistance and self-centring through rocking under the influence of gravity. Supplemental friction sliders at the top of the beams resist sliding of the floor whilst dissipating energy as the floor lifts on the corbels and returns. 1:20 scale tests of 3-storey one-by-two bay building based on an earlier iteration of the proposed concept served as proof-of-concept and highlighted areas for improvement. A 1:5 scale 3-storey one-by-one bay building was subsequently designed. Sub-assembly tests of the beam-top asymmetric friction sliders demonstrated repeatable hysteresis. Quasi-static tests of the full building demonstrated a ‘flat bottomed’ flag-shaped hysteresis. Shake table tests to a suite of seven earthquakes scaled for Wellington with site soil type D to the serviceability limit state (SLS), ultimate limit state (ULS) and maximum credible event (MCE) intensity corresponding to an average return period of 25, 500 and 2500 years respectively were conducted. Additional earthquake records from the 22 February 2011 Christchurch earthquakes we included. A peak drift of 0.6%, 2.5% and 3.8% was reached for the worst SLS, ULS and MCE earthquake respectively whereas a peak drift of 4.5% was reached for the worst Christchurch record for tests in the plane of the MRF. Bi-directional tests were also conducted with the building oriented at 45 degrees on the shake table and the excitation factored by 1.41 to maintain the component in the direction of the MRF. Shear walls with friction slider hold-downs which reached similar drifts to the MRF were provided in the orthogonal direction. Similar peak drifts were reached by the MRF in the bi-directional tests, when the excitation was amplified as intended. The building self-centred with a maximum residual drift of 0.06% in the dynamic tests and demonstrated no significant damage. The member actions were magnified by up to 100% due to impact upon return of the floor after uplift when the peak drift reached 4.5%. Nonetheless, all of the members and connections remained essentially linearelastic. The shake table was able to produce a limited peak velocity of 0.275 m/s and this limited the severity of several of the ULS, MCE and Christchurch earthquakes, especially the near-field records with a large velocity pulse. The full earthquakes with uncapped velocity were simulated in a numerical model developed in SAP2000. The corbel supports were modelled with the friction isolator link element and the top sliders were modelled with a multi-linear plastic link element in parallel with a friction spring damper. The friction spring damper simulated the increase in resistance with increasing joint rotation and a near zero return stiffness, as exhibited by the 1:5 scale test building. A good match was achieved between the test quasi-static global force-displacement response and the numerical model, except a less flat unloading curve in the numerical model. The peak drift from the shake table tests also matched well. Simulations were also run for the full velocity earthquakes, including vertical ground acceleration and different floor imposed load scenarios. Excessive drift was predicted by the numerical model for the full velocity near-field earthquakes at the MCE intensity and a rubber stiffener for increasing the post joint-opening stiffness was found to limit the drift to 4.8%. Vertical ground acceleration had little effect on the global response. The system generates most of its lateral resistance from the floor weight, therefore increasing the floor imposed load increased the peak drift, but less than it would if the resistance of the system did not increase due to the additional floor load. A seismic design procedure was discussed under the framework of the existing direct displacement-based design method. An expression for calculating the area-based equivalent viscous damping (EVD) was derived and a conservative correction factor of 0.8 was suggested. A high EVD of up to about 15% can be achieved with the proposed system at high displacement ductility levels if the resistance of the top friction sliders is maximised without compromising reliable return of the floor after uplift. Uniform strength joints with an equal corbel length up the height of the building and similar inter-storey drifts result in minimal relative inter-floor uplift, except between the first floor and ground. Guidelines for detailing the joint for damage avoidance including bi-directional movement were also developed.
The nonlinear dynamic soil-foundation-structure interaction (SFSI) can signifi cantly affect the seismic response of buildings, causing additional deformation modes, damage and repair costs. Because of nonlinear foundation behaviour and interactions, the seismic demand on the superstructure may considerably change, and also permanent deformations at the foundation level may occur. Although SFSI effects may be benefi cial to the superstructure performance, any advantage would be of little structural value unless the phenomenon can be reliably controlled and exploited. Detrimental SFSI effects may also occur, including acceleration and displacement response ampli cation and differential settlements, which would be unconservative to neglect. The lack of proper understanding of the phenomenon and the limited available simpli ed tools accounting for SFSI have been major obstacles to the implementation of integrated design and assessment procedures into the everyday practice. In this study concepts, ideas and practical tools (inelastic spectra) for the seismic design and assessment of integrated foundation-superstructure systems are presented, with the aim to explicitly consider the impact of nonlinearities occurring at the soil-foundation interface on the building response within an integrated approach, where the foundation soil and superstructure are considered as part of an integrated system when evaluating the seismic response, working synergically for the achievement of a target global performance. A conceptual performance-based framework for the seismic design and assessment of integrated foundation-superstructure systems is developed. The framework is based on the use of peak and residual response parameters for both the superstructure and the foundation, which are then combined to produce the system performance matrix. Each performance matrix allows for worsening of the performance when different contributions are combined. An attempt is made to test the framework by using case histories from the 2011 Christchurch earthquake, which are previously shown to have been severely affected by nonlinear SFSI. The application highlights the framework sensitivity to the adopted performance limit states, which must be realistic for a reliable evaluation of the system performance. Constant ductility and constant strength inelastic spectra are generated for nonlinear SFSI systems (SDOF nonlinear superstructure and 3DOF foundation allowing for uplift and soil yielding), representing multistorey RC buildings with shallow rigid foundations supported by cohesive soils. Different ductilities/strengths, hysteretic rules (Bi-linear, Takeda and Flag-Shape), soil stiffness and strength and bearing capacity factors are considered. Footings and raft foundations are investigated, characterized respectively by constant (3 and 8) and typically large bearing capacity factors. It is confi rmed that when SFSI is considered, the superstructure yielding force needed to satisfy a target ductility for a new building changes, and that similarly, for an existing building, the ductility demand on a building of a given strength varies. The extent of change of seismic response with respect to xed-base (FB) conditions depends on the class of soils considered, and on the bearing capacity factor (SF). For SF equal to 3, the stiffer soils enhance the nonlinear rotational foundation behaviour and are associated with reduced settlement, while the softer ones are associated with increased settlement response but not signi ficant rotational behaviour. On average terms, for the simplifi ed models considered, SFSI is found to be bene cial to the superstructure performance in terms of acceleration and superstructure displacement demand, although exceptions are recorded due to ground motion variability. Conversely, in terms of total displacement, a signi cant response increase is observed. The larger the bearing capacity factor, the more the SFSI response approaches the FB system. For raft foundation buildings, characterized by large bearing capacity factors, the impact of foundation response is mostly elastic, and the system on average approaches FB conditions. Well de fined displacement participation factors to the peak total lateral displacement are observed for the different contributions (i.e. peak foundation rotation and translation and superstructure displacement). While the superstructure and foundation rotation show compensating trends, the foundation translation contribution varies as a function of the moment-to-shear ratio, becoming negligible in the medium-to-long periods. The longer the superstructure FB period, the less the foundation response is signifi cant. The larger the excitation level and the less ductile the superstructure, the larger the foundation contribution to the total lateral displacement, and the less the superstructure contribution. In terms of hysteretic behaviour, its impact is larger when the superstructure response is more signifi cant, i.e. for the softer/weaker soils and larger ductilities. Particularly, for the Flag Shape rule, larger superstructure displacement participation factors and smaller foundation contributions are recorded. In terms of residual displacements, the total residual-to-maximum ratios are similar in amplitudes and trends to the corresponding FB system responses, with the foundation and superstructure contributions showing complementary trends. The impact of nonlinear SFSI is especially important for the Flag Shape hysteresis rule, which would not otherwise suffer of any permanent deformations. By using the generated peak and residual inelastic spectra (i.e. inelastic acceleration/ displacement modifi cation factor spectra, and/or participation factor and residual spectra), conceptual simplifi ed procedures for the seismic design and assessment of integrated foundation-superstructure systems are presented. The residual displacements at both the superstructure and foundation levels are explicitly considered. Both the force- and displacement-based approaches are explored. The procedures are de fined to be complementary to the previously proposed integrated performance-based framework. The use of participation factor spectra allows the designer to easily visualize the response of the system components, and could assist the decision making process of both the design and assessment of SFSI systems. The presented numerical results have been obtained using simpli ed models, assuming rigid foundation behaviour and neglecting P-Delta effects. The consideration of more complex systems including asymmetry in stiffness, mass, axial load and ground conditions with a exible foundation layout would highlight detrimental SFSI effects as related to induced differential settlements, while accounting for PDelta effects would further amplify the displacement response. Also, the adopted acceleration records were selected and scaled to match conventional design spectra, thus not representing any response ampli cation in the medium-to-long period range which could as well cause detrimental SFSI effects. While these limitations should be the subject of further research, this study makes a step forward to the understanding of SFSI phenomenon and its incorporation into performance-based design/assessment considerations.
