The author followed five primary (elementary) schools over three years as they responded to and began to recover from the 2010–2011 earthquakes in and around the city of Christchurch in the Canterbury region of New Zealand. The purpose was to capture the stories for the schools themselves, their communities, and for New Zealand’s historical records. From the wider study, data from the qualitative interviews highlighted themes such as children’s responses or the changing roles of principals and teachers. The theme discussed in this article, however, is the role that schools played in the provision of facilities and services to meet (a) physical needs (food, water, shelter, and safety); and (b) emotional, social, and psychological needs (communication, emotional support, psychological counseling, and social cohesion)—both for themselves and their wider communities. The role schools played is examined across the immediate, short-, medium-, and long-term response periods before being discussed through a social bonding theoretical lens. The article concludes by recommending stronger engagement with schools when considering disaster policy, planning, and preparation http://www.schoolcommunitynetwork.org/SCJ.aspx
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
Five years on since the first major earthquake struck the Canterbury region, the reconstruction is well advanced. Christchurch is a city in transition. This report considers trends in resourcing and employment practice of Canterbury construction organisations in response to the projected market changes (2015-2016). The report draws on the interviews with 18 personnel from 16 construction organisations and recovery agencies in October 2015. It provides a summary of perceived changes in the construction market in Canterbury, evidence of what steps construction businesses have been taking, how they have prepared for likely changes in the reconstruction sector, as well as the perceived alignment of public policies with the industry response.
A video of a presentation by Jane Murray and Stephen Timms during the Social Recovery Stream of the 2016 People in Disasters Conference. The presentation is titled, "Land Use Recovery Plan: How an impact assessment process engaged communities in recovery planning".The abstract for this presentation reads as follows: In response to the Canterbury earthquakes, the Minister for Canterbury Earthquake Recovery directed Environment Canterbury (Canterbury's regional council) to prepare a Land Use Recovery Plan that would provide a spatial planning framework for Greater Christchurch and aid recovery from the Canterbury earthquakes. The Land Use Recovery Plan sets a policy and planning framework necessary to rebuild existing communities and develop new communities. As part of preparing the plan, an integrated assessment was undertaken to address wellbeing and sustainability concerns. This ensured that social impacts of the plan were likely to achieve better outcomes for communities. The process enabled a wide range of community and sector stakeholders to provide input at the very early stages of drafting the document. The integrated assessment considered the treatment of major land use issues in the plan, e.g. overall distribution of activities across the city, integrated transport routes, housing typography, social housing, employment and urban design, all of which have a key impact on health and wellbeing. Representatives from the Canterbury Health in All Policies Partnership were involved in designing a three-part assessment process that would provide a framework for the Land Use Recovery Plan writers to assess and improve the plan in terms of wellbeing and sustainability concerns. The detail of these assessment stages, and the influence that they had on the draft plan, will be outlined in the presentation. In summary, the three stages involved: developing key wellbeing and sustainability concerns that could form a set of criteria, analysing the preliminary draft of the Land Use Recovery Plan against the criteria in a broad sector workshop, and analysing the content and recommendations of the Draft Plan. This demonstrates the importance of integrated assessment influencing the Land Use Recovery Plan that in turn influences other key planning documents such as the District Plan. This process enabled a very complex document with wide-ranging implications to be broken down, enabling many groups, individuals and organisations to have their say in the recovery process. There is also a range of important lessons for recovery that can be applied to other projects and actions in a disaster recovery situation.
Predictive modelling provides an efficient means to analyse the coastal environment and generate knowledge for long term urban planning. In this study, the numerical models SWAN and XBeach were incorporated into the ESRI ArcGIS interface by means of the BeachMMtool. This was applied to the Greater Christchurch coastal environment to simulate geomorphological evolution through hydrodynamic forcing. Simulations were performed using the recent sea level rise predictions by the Intergovernmental Panel on Climate Change (2013) to determine whether the statutory requirements outlined in the New Zealand Coastal Policy Statement 2010 are consistent with central, regional and district designations. Our results indicate that current land use zoning in Greater Christchurch is not consistent with these predictions. This is because coastal hazard risk has not been thoroughly quantified during the process of installing the Canterbury Earthquake Recovery Authority residential red zone. However, the Christchurch City Council’s flood management area does provide an extent to which managed coastal retreat is a real option. The results of this research suggest that progradation will continue to occur along the Christchurch foreshore due to the net sediment flux retaining an onshore direction and the current hydrodynamic activity not being strong enough to move sediment offshore. However, inundation during periods of storm surge poses a risk to human habitation on low lying areas around the Avon-Heathcote Estuary and the Brooklands lagoon.
A video of the keynote presentation by Sir John Holmes, during the first plenary of the 2016 People in Disasters Conference. Holmes is the former United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, the current Director of Ditchley Foundation, and the chair of the Board of the International Rescue Committee in the UK. The presentation is titled, "The Politics of Humanity: Reflections on international aid in disasters".The abstract for this presentation reads as follows: As United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinate from 2007-2010, Sir John Holmes was heavily involved in the coordination of air provision to countries struck by natural and man-made disasters, raising the necessary funds, and the elaboration of humanitarian policy. The international humanitarian system is fragmented and struggling to cope with rising demands from both conflicts such as that in Syria, and the growing effects of climate change. Sir John will talk about what humanitarian aid can and cannot achieve, the frustrations of getting aid through when access may be difficult or denied, and the need to ensure that assistance encompasses protection of civilians and efforts to get them back on their feet, as well as the delivery of essential short term items such as food, water, medical care and shelter. He will discuss the challenges involved in trying to make the different agencies - UN United Nations, non-government organisations and the International Red Cross/Crescent movement - work together effectively. He will reveal some of the problems in dealing with donor and recipient governments who often have their own political and security agendas, and may be little interested in the necessary neutrality and independence of humanitarian aid. He will illustrate these points by practical examples of political and other dilemmas from aid provision in natural disasters such as Cyclone Nargis in Myanmar in 2009, and the Haiti earthquake of 2010, and in conflict situations such as Darfur, Afghanistan and Sri Lanka in the past, and Syria today. He will also draw conclusions and make recommendations about how humanitarian aid might work better, and why politicians and others need to understand more clearly the impartial space required by humanitarian agencies to operate properly.