Silkannthreades 8/7/2014: The land that claims us
Articles, UC QuakeStudies
An entry from Gallivanta's blog for 8 July 2014 entitled, "The land that claims us".
An entry from Gallivanta's blog for 8 July 2014 entitled, "The land that claims us".
A video of an address by Keith Land, Head of Canterbury Land Settlement, EQC, at the 2015 Seismics and the City forum. This talk is about learning from complex claims and local knowledge.
This is where Tuahiwi people fished, eeled and gathered other kaimoana until the waterways were blocked and the land confiscated for public works in 1956. Getting land back in Christchurch was a key part of the Treaty claim lodged in 1986.
Puari is a longstanding fishing area for Ngāi Tūāhuriri. It was claimed by chief Pita Te Hori for the hapū in 1868 but denied by the Crown, because the land had been allocated to settlers. This site is now owned by Ngāi Tahu and a building named after Te Hori stands here.
Claimed as a fishing reserve by the Tuahiwi chief Te Aika but sold by government, this area used to have eel weirs and eel drying. The land within the horseshoe lake also contains an urupā (cemetery).
A copy of a letter from Hugo Kristinsson which was sent to Helen Beaumont, Manager of the Natural Environment and Heritage Unit at the Christchurch City Council, on 17 June 2014. The letter was sent on behalf of Empowered Christchurch. It is about legislation which, according to Kristinsson, determines land below the mean high water spring to be public land. Kristinsson is concerned that this legislation will cause 'hundred or even thousands' of people to lose their assets. He urges the Council to 'have the land surveyed and to redefine the CMA [Crown Minerals Act] before land claims are settled'.
Aerial footage of a site in Avondale where several liquefaction remediation options are being tested. Gelignite explosives have been buried throughout the site. These will be set off to simulate liquefaction caused by an earthquake. The result, if successful, will help EQC protect people's houses from future earthquakes, and settle land claims. The video was recorded using a drone aircraft.
Advocates for Compact City, Smart Growth and New Urbanism claim intensification of land use as a means to achieve sustainability imperatives, manage urbanisation and curb peripheral sprawl. It appears policy makers and planners have taken this perspective into consideration over the last two decades as intensification appears more prevalent in policy and planning. Literature points to residential infill as a method of providing for housing development within city limits. While residential infill is recognised in literature, little is known about what it consists of and the different stakeholders involved. This study will document different types of infill, identify various stakeholders associated with the different types and how their roles align and conflict.
An Auckland community board wants Parliament to amend a Treaty Settlement Bill for Ngati Whatua o Orakei, to exclude a piece of land; Maori Wardens have fronted up to a researcher looking at how the Christchurch earthquake has affected emergency workers; Taranaki Maori are being called to a Treaty Update hui this weekend - to keep abreast of tribal claims against the Crown; The winner of the Golden Shears Open Women's Title for 2012 says she's keen to keep competing for a few more years yet and hopes she can inspire more wool handlers to get to her level and to prove that it is achievable.
The Devonport-Takapuna Local Board in Auckland wants Parliament to amend a Treaty Settlement Bill for Ngati Whatua o Orakei, to exclude what's called the Tamaki block of just over three hectares of land at Narrow Neck; Taranaki Maori are being called to a Treaty Update hui this weekend - to keep abreast of tribal claims against the Crown; Maori Wardens have fronted up to a researcher looking at how the Christchurch earthquake has affected emergency workers; The winner of the Golden Shears Open Women's Title for 2012 says she's keen to keep competiting for a few more years yet and hopes she can inspire more wool handlers to get to her level and to prove that it is achievable.
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
The 2010 and 2011 earthquakes in the region of Canterbury, New Zealand caused widespread damage and the deaths of 185 people. Suburbs on the eastern side of Christchurch and in the satellite town of Kaiapoi, 20 kilometres north of Christchurch, were badly damaged by liquefaction. The Canterbury Earthquake Recovery Authority (CERA), a government organisation set up in the wake of the earthquakes, began to systematically zone all residential land in 2011. Based on the possibility for land remediation, 7860 houses in Christchurch and Kaiapoi were zoned red. Those who were in this zone were compensated and had to buy or build elsewhere. The other zone examined within this research – that of TC3 – lies within the green zone. Residents, in this zone, were able to stay in their houses but land was moderately damaged and required site-specific geotechnical investigations. This research sought to understand how residents’ senses of home were impacted by a disaster and the response efforts. Focusing on the TC3 and red zone of the eastern suburbs and the satellite town of Kaiapoi, this study interviewed 29 residents within these zones. The concept of home was explored with the respondents at three scales: home as a household; home as a community; and home as a city. There was a large amount of resistance to the zoning process and the handling of claims by insurance companies and the Earthquake Commission (EQC) after the earthquakes. Lack of transparency and communication, as well as extremely slow timelines were all documented as failings of these agencies. This research seeks to understand how participant’s sense of home changed on an individual level and how it was impacted by outside agencies. Homemaking techniques were also focused on showing that a changed sense of home will impact on how a person interacts with a space.
1. Dr RUSSEL NORMAN to the Minister of Trade: Does he still consider that the United States will benefit from being part of the Trans-Pacific Partnership; if so, how? 2. Hon PHIL GOFF to the Prime Minister: Does he believe that all persons who have served as Ministers in his Government have met the requirement of the Cabinet Manual to behave in a way that upholds, and is seen to uphold, the highest ethical standards in their ministerial capacity, their political capacity and their personal capacity; if so, why? 3. CRAIG FOSS to the Minister of Finance: What reports has he received on the Government's financial position? 4. Hon ANNETTE KING to the Minister of Tourism: How many full-time permanent jobs has his cycleway project created? 5. JONATHAN YOUNG to the Minister for Communications and Information Technology: What progress has been made on the Ultra-fast broadband initiative? 6. Hon TREVOR MALLARD to the Minister of Education: Which ministers, if any, did she personally consult with on the question of removing the requirement for police checks for employees of limited attendance early childhood centres before she introduced the Education Amendment Bill (No 2)? 7. AARON GILMORE to the Minister of Revenue: What examples can he give of families claiming social assistance for which they are not entitled and what has this Government done to stop this abuse? 8. Hon DAVID CUNLIFFE to the Minister of Finance: How much lower will the growth forecast be for the year to March 2011 in the Half Year Economic and Fiscal Update compared with the Budget 2010 forecast? 9. SHANE ARDERN to the Minister of Agriculture: What recent actions has the Government taken to improve the welfare of pigs in New Zealand? 10. Hon RUTH DYSON to the Minister of Health: Will he act to prevent closure of health services in Taihape? 11. AMY ADAMS to the Minister for Land Information: What steps has Land Information New Zealand taken to help in the rebuilding of Canterbury following the 4 September earthquake? 12. Hon DARREN HUGHES to the Minister of Transport: Which project has the higher benefit cost ratio: the Auckland CBD rail loop or the Puhoi to Wellsford Road of National Significance?
4th September 2010 a 7.1 magnitude earthquake strikes near Christchurch, New Zealand’s second largest city of approximately 370,000 people. This is followed by a 6.3 magnitude quake on 22nd February 2011 and a 6.4 on 13th June. In February 181 people died and a state of national emergency was declared from 23 February to 30th April. Urban Search and Rescue teams with 150 personnel from New Zealand and 429 from overseas worked tirelessly in addition to Army, Police and Fire services. Within the central business district 1,000 buildings (of 4,000) are expected to be demolished. An estimated 10,000 houses require demolition and over 100,000 were damaged. Meanwhile the over 7,000 aftershocks have become part of the “new normal” for us all. During this time how have libraries supported their staff? What changes have been made to services? What are the resourcing opportunities? This presentation will provide a personal view from Lincoln University, Te Whare Wanaka o Aoraki, Library Teaching and Learning. Lincoln is New Zealand's third oldest university having been founded in 1878. Publicly owned and operated it is New Zealand's specialist land-based university. Lincoln is based on the Canterbury Plains, 22 kilometres south of Christchurch. On campus there was mostly minor damage to buildings while in the Library 200,000 volumes were thrown from the shelves. I will focus on the experiences of the Disaster Team and on our experiences with hosting temporarily displaced staff and students from the Christchurch Polytechnic Institute of Technology, Library, Learning & Information Services. Experiences from two other institutions will be highlighted: Christchurch City Libraries, Ngā Kete Wānanga-o-Ōtautahi. Focusing on the Māori Services Team and the Ngā Pounamu Māori and Ngāi Tahu collections. The Central library located within the red zone cordon has been closed since February, the Central library held the Ngā Pounamu Māori and Ngai Tahu collections, the largest Māori collections in the Christchurch public library network. The lack of access to these collections changed the way the Māori Services Team, part of the larger Programmes, Events and Learning Team at Christchurch City Libraries were able to provide services to their community resulting in new innovative outreach programmes and a focus on promotion of online resources. On 19th December the “temporary” new and smaller Central library Peterborough opened. The retrieved Ngā Pounamu Māori and Ngai Tahu collections "Ngā rakau teitei e iwa”, have since been re-housed and are once again available for use by the public. Te Rūnanga o Ngāi Tahu. This organisation, established by the Te Rūnanga o Ngāi Tahu Act 1996, services the statutory rights for the people of Ngāi Tahu descent and ensures that the benefits of their Treaty Claim Settlement are enjoyed by Ngāi Tahu now and in the future. Ngāi Tahu are the indigenous Māori people of the southern islands of New Zealand - Te Waipounamu. The iwi (people) hold the rangatiratanga or tribal authority to over 80 per cent of the South Island. With their headquarters based in the central business they have also had to be relocated to temporary facilities. This included their library/archive collection of print resources, art works and taonga (cultural treasures).
The Canterbury earthquake sequence (2010-2011) was the most devastating catastrophe in New Zealand‘s modern history. Fortunately, in 2011 New Zealand had a high insurance penetration ratio, with more than 95% of residences being insured for these earthquakes. This dissertation sheds light on the functions of disaster insurance schemes and their role in economic recovery post-earthquakes. The first chapter describes the demand and supply for earthquake insurance and provides insights about different public-private partnership earthquake insurance schemes around the world. In the second chapter, we concentrate on three public earthquake insurance schemes in California, Japan, and New Zealand. The chapter examines what would have been the outcome had the system of insurance in Christchurch been different in the aftermath of the Canterbury earthquake sequence (CES). We focus on the California Earthquake Authority insurance program, and the Japanese Earthquake Reinsurance scheme. Overall, the aggregate cost of the earthquake to the New Zealand public insurer (the Earthquake Commission) was USD 6.2 billion. If a similar-sized disaster event had occurred in Japan and California, homeowners would have received only around USD 1.6 billion and USD 0.7 billion from the Japanese and Californian schemes, respectively. We further describe the spatial and distributive aspects of these scenarios and discuss some of the policy questions that emerge from this comparison. The third chapter measures the longer-term effect of the CES on the local economy, using night-time light intensity measured from space, and focus on the role of insurance payments for damaged residential property during the local recovery process. Uniquely for this event, more than 95% of residential housing units were covered by insurance and almost all incurred some damage. However, insurance payments were staggered over 5 years, enabling us to identify their local impact. We find that night-time luminosity can capture the process of recovery; and that insurance payments contributed significantly to the process of local economic recovery after the earthquake. Yet, delayed payments were less affective in assisting recovery and cash settlement of claims were more effective than insurance-managed repairs. After the Christchurch earthquakes, the government declared about 8000 houses as Red Zoned, prohibiting further developments in these properties, and offering the owners to buy them out. The government provided two options for owners: the first was full payment for both land and dwelling at the 2007 property evaluation, the second was payment for land, and the rest to be paid by the owner‘s insurance. Most people chose the second option. Using data from LINZ combined with data from Stats NZ, the fourth chapter empirically investigates what led people to choose this second option, and how peer effect influenced the homeowners‘ choices. Due to climate change, public disclosure of coastal hazard information through maps and property reports have been used more frequently by local government. This is expected to raise awareness about disaster risks in local community and help potential property owners to make informed locational decision. However, media outlets and business sector argue that public hazard disclosure will cause a negative effect on property value. Despite this opposition, some district councils in New Zealand have attempted to implement improved disclosure. Kapiti Coast district in the Wellington region serves as a case study for this research. In the fifth chapter, we utilize the residential property sale data and coastal hazard maps from the local district council. This study employs a difference-in-difference hedonic property price approach to examine the effect of hazard disclosure on coastal property values. We also apply spatial hedonic regression methods, controlling for coastal amenities, as our robustness check. Our findings suggest that hazard designation has a statistically and economically insignificant impact on property values. Overall, the risk perception about coastal hazards should be more emphasized in communities.