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Research papers, University of Canterbury Library

This thesis focuses on the role of legal preparedness for managing large-scale urban disasters in Aotearoa New Zealand. It uses the Auckland Volcanic Field as a case study to answer the question: ‘is New Zealand’s current legal framework prepared to respond to and recover from a large-scale urban disaster?’. The Auckland Volcanic Field was chosen as the main case study because a future eruption is a low likelihood, high-impact event that New Zealand is going to have to manage in the future. Case studies are a key feature of this thesis as both New Zealand based and overseas examples are used to explore the role of legal preparedness by identifying and investigating a range of legal issues that need to be addressed in advance of a future Auckland Volcanic Field eruption. Of particular interest is the impact of legal preparedness for the recovery phase. The New Zealand case studies include; Canterbury earthquake sequence 2010-2011, the Kaikōura earthquake 2016, the Auckland flooding 2018, and the North Island Severe Weather event 2023, which encompasses both the Auckland Anniversary weekend flooding and Cyclone Gabrielle. As New Zealand has not experienced a large-scale urban volcanic eruption, overseas examples are explored to provide insights into the legal issues that are volcano specific. The overseas volcanic case studies cover eruptions in Heimaey (Iceland), the Soufrière Hills (Montserrat and the Grenadines), La Soufrière (St Vincent) and Tungurahua (Ecuador). New Zealand’s past experiences highlight a trend for introducing post-event legal frameworks to manage recovery. Consequently, the current disaster management system is not prioritising legal preparedness and instead is choosing to rely on exceptional powers. Unsurprisingly, the introduction of new post-event recovery frameworks has repercussions. In New Zealand, new post-event legal frameworks are introduced swiftly under urgency, they contain broad unstructured decision-making powers, and are often flawed. As these exceptional new frameworks sit outside the ‘normal’ legal frameworks, they in effect create a parallel “shadow system”. Based on the evidence explored in this thesis it does not appear that Auckland’s current disaster management framework is prepared to deal with a large-scale urban event caused by an Auckland Volcanic Field eruption. Following this conclusion, it is the submission of this thesis that New Zealand’s current legal framework is not prepared to respond to and recover from a large-scale urban disaster. To become legally prepared, New Zealand needs to consider the legal tools required to manage large-scale urban disasters in advance. This will prevent the creation of a legal vacuum in the aftermath of disasters and the need for new recovery frameworks. Adopting a new attitude will require a change in approach towards legal preparedness which prioritises it, rather than sidelining it. This may also require changes within New Zealand’s disaster management system including the introduction of a formal monitoring mechanism, which will support and prioritise legal preparedness. This thesis has shown that not legally preparing for future disasters is a choice which carries significant consequences. None of these consequences are inevitable when managing large-scale disasters, however they are inevitable when frameworks are not legally prepared in advance. To not legally prepare, is to prepare to fail and thus create a disaster by choice.

Images, UC QuakeStudies

A photograph of a man at the 'free legal help' table in a temporary emergency management centre set up after the 22 February 2011 earthquake. The table was set up by Community Law Canterbury to offer free legal help to those in need.

Audio, Radio New Zealand

Legal aid changes incense legal fraternity, No eftpos available at Rugby World Cup, Japan says radiation declining but crisis matches Chernobyl, Government budgets $8.5 billion to rebuild Christchurch, Unanimous support over earthquake powers breaks down, and Maori Party MP says using police in oil protest extreme.

Audio, Radio New Zealand

Regional civil defence says listen to national centre, not pacific; Pacific Tsunami Warning Centre - "warning" too confusing; Union plans legal action against Earthquake Commission; Auckland DHB avoids possible legal action over smoking complaint; 7.6 quake triggered near Kermadec Islands; NIWA says National Oceans Strategy urgently needed; and 27 Christchurch bakers lose their jobs.

Audio, Radio New Zealand

An insurance expert says a Supreme Court decision yesterday could open lawyers up to legal action from anybody who has bought a home in Christchurch since the 2010 and 2011 earthquakes. The court's decision makes it clear that insurers cannot be held liable for meeting the full replacement cost of a quake damaged home by the subsequent purchaser of that house.

Audio, Radio New Zealand

University of Canterbury's John Hopkins and Toni Collins explain disaster law and shortcomings in NZ's legal system highlighted by the Canterbury earthquakes.

Research papers, University of Canterbury Library

Though rare and unpredictable, earthquakes can and do cause catastrophic destruction when they impact unprepared and vulnerable communities. Extensive damage and failure of vulnerable buildings is a key factor which contributes to seismic-related disasters, making the proactive management of these buildings a necessity to reduce the risk of future disasters arising. The devastating Canterbury earthquakes of 2010 and 2011 brought the urgency of this issue to national importance in New Zealand. The national earthquake-prone building framework came into effect in 2017, obligating authorities to identify existing buildings with the greatest risk of collapse in strong earthquakes and for building owners to strengthen or demolish these buildings within a designated period of time. Though this framework is unique to New Zealand, the challenge of managing the seismic risk of such buildings is common amongst all seismically-active countries. Therefore, looking outward to examine how other jurisdictions legally manage this challenge is useful for reflecting on the approaches taken in New Zealand and understand potential lessons which could be adopted. This research compares the legal framework used to reduce the seismic risk of existing buildings in New Zealand with that of the similarly earthquake-prone countries of Japan and Italy. These legal frameworks are examined with a particular focus on the proactive goal of reducing risk and improving resilience, as is the goal of the international Sendai Framework for Disaster Risk Reduction 2015-2030. The Sendai Framework, which each of the case study countries have committed to and thus have obligations under, forms the legal basis of the need for states to reduce disaster risk in their jurisdictions. In particular, the states’ legal frameworks for existing building risk reduction are examined in the context of the Sendai priorities of understanding disaster risk, strengthening disaster risk governance, and investing in resilience. While this research illustrates that the case study countries have each adopted more proactive risk reduction frameworks in recent years in anticipation of future earthquakes, the frameworks currently focus on a very narrow range of existing buildings and thus are not currently sufficient for promoting the long-term resilience of building stocks. In order to improve resilience, it is argued, legal frameworks need to include a broader range of buildings subject to seismic risk reduction obligations and also to broaden the focus on long-term monitoring of potential risk to buildings.

Research papers, University of Canterbury Library

Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.

Other, National Library of New Zealand

website of the Residents Association and Community Group representatives from the earthquake-affected neighbourhoods of Canterbury. Includes sections on insurance, legal and financial information, and business support.