Kaikoura and Wellington businesses operating adjacent to quake damaged buildings may face disruption for years to come as owners drag their feet on repair or demolition work. A Christchurch property owner has been unable to completely re-open for business since the February 2011 earthquake.
The Canterbury region of New Zealand was shaken by major earthquakes on the 4th September 2010 and 22nd February 2011. The quakes caused 185 fatalities and extensive land, infrastructure and building damage, particularly in the Eastern suburbs of Christchurch city. Almost 450 ha of residential and public land was designated as a ‘Red Zone’ unsuitable for residential redevelopment because land damage was so significant, engineering solutions were uncertain, and repairs would be protracted. Subsequent demolition of all housing and infrastructure in the area has left a blank canvas of land stretching along the Avon River corridor from the CBD to the sea. Initially the Government’s official – but enormously controversial – position was that this land would be cleared and lie fallow until engineering solutions could be found that enabled residential redevelopment. This paper presents an application of a choice experiment (CE) that identified and assessed Christchurch residents’ preferences for different land use options of this Red Zone. Results demonstrated strong public support for the development of a recreational reserve comprising a unique natural environment with native fauna and flora, healthy wetlands and rivers, and recreational opportunities that align with this vision. By highlighting the value of a range of alternatives, the CE provided a platform for public participation and expanded the conversational terrain upon which redevelopment policy took place. We conclude the method has value for land use decision-making beyond the disaster recovery context.
The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.