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Research papers, University of Canterbury Library

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.

Videos, UC QuakeStudies

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.