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Research papers, The University of Auckland Library

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

Research papers, University of Canterbury Library

In 2010 and 2011 a series of earthquakes hit the central region of Canterbury, New Zealand, triggering widespread and damaging liquefaction in the area of Christchurch. Liquefaction occurred in natural clean sand deposits, but also in silty (fines-containing) sand deposits of fluvial origin. Comprehensive research efforts have been subsequently undertaken to identify key factors that influenced liquefaction triggering and severity of its manifestation. This research aims at evaluating the effects of fines content, fabric and layered structure on the cyclic undrained response of silty soils from Christchurch using Direct Simple Shear (DSS) tests. This poster outlines preliminary calibration and verification DSS tests performed on a clean sand to ensure reliability of testing procedures before these are applied to Christchurch soils.

Research papers, University of Canterbury Library

This poster presents preliminary results of ongoing experimental campaigns at the Universities of Auckland and Canterbury, aiming at investigating the seismic residual capacity of damaged reinforced concrete plastic hinges, as well as the effectiveness of epoxy injection techniques for restoring their stiffness, energy dissipation, and deformation capacity characteristics. This work is part of wider research project which started in 2012 at the University of Canterbury entitled “Residual Capacity and Repairing Options for Reinforced Concrete Buildings”, funded by the Natural Hazards Research Platform (NHRP). This research project aims at gaining a better understanding and providing the main end-users and stakeholders (practitioner engineers, owners, local and government authorities, insurers, and regulatory agencies) with comprehensive evidence-based information and practical guidelines to assess the residual capacity of damaged reinforced concrete buildings, as well as to evaluate the feasibility of repairing and thus support their delicate decision-making process of repair vs. demolition or replacement.

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.

Research papers, The University of Auckland Library

Many large-scale earthquakes all over the world have highlighted the impact of soil liquefaction to the built environment, but the scale of liquefaction-induced damage experienced in Christchurch and surrounding areas following the 2010-2011 Canterbury earthquake sequence (CES) was unparalleled, especially in terms of impact to an urban area. The short time interval between the large earthquakes presented a very rare occasion to examine liquefaction mechanism in natural deposits. The re-liquefaction experienced by the city highlighted the high liquefaction susceptibility of soil deposits in Christchurch, and presented a very challenging problem not only to the local residents but to the geotechnical engineering profession. This paper summarises the lessons learned from CES, and the impacts of the observations made to the current practice of liquefaction assessment and mitigation.

Videos, UC QuakeStudies

A video of a presentation by Jai Chung during the Staff and Patients Stream of the 2016 People in Disasters Conference. The presentation is titled, "A Systematic Review of Compassion Fatigue of Nurses During and After the Canterbury Earthquakes".The abstract for the presentation reads as follows: Limited research is currently available about compassion fatigue of health professionals during and after disasters in New Zealand. The purpose of this systematic literature review was to provide a comprehensive outline of existing research. National and international literature was compared and contrasted to determine the importance of recognising compassion fatigue during and after disasters. Health professionals responding to disasters have played an important role in saving lives. Especially, during and after the Canterbury earthquakes, many health professionals cared for the traumatized public of the region. When responding to and caring for many distressed people, health professionals - particularly nurses - may strongly empathise with people's pain, fear, and distress. Consequently, they can be affected both emotionally and physically. Nurses may experience intensive and extreme distress and trauma directly and indirectly. Physical exhaustion can arise quickly. Emotional exhaustion such as hopelessness and helplessness may lead to nurses losing the ability to nurture and care for people during disasters. This can lead to compassion fatigue. It is important to understand how health professionals, especially nurses, experience compassion fatigue in order to help them respond to disasters appropriately. International literature explains the importance of recognising compassion fatigue in nursing, and explores different coping mechanisms that assist nurses overcome or prevent this health problem. In contrast, New Zealand literature is limited to experiences of nurses' attitudes in responding to natural disasters. In light of this, this literature review will help to raise awareness about the importance of recognising and addressing symptoms of compassion fatigue in a profession such as nursing. Gaps within the research will also be identified along with recommendations for future research in this area, especially from a New Zealand perspective. Please note that due to a recording error the sound cuts out at 9 minutes.

Videos, UC QuakeStudies

A video of a presentation by David Meates, Chief Executive of the Christchurch District Health Board and the West Coast District Health Board, during the first plenary of the 2016 People in Disasters Conference. The presentation is titled, "Local System Perspective".The abstract for this presentation reads as follows: The devastating Canterbury earthquakes of 2010 and 2011 have resulted in challenges for the people of Canterbury and have altered the population's health needs. In the wake of New Zealand's largest natural disaster, the health system needed to respond rapidly to changing needs and damaged infrastructure in the short-term in the context of developing sustainable long-term solutions. Canterbury was undergoing system transformation prior to the quakes, however the horizon of transformation was brought forward post-quake: 'Vision 2020' became the vision for now. Innovation was enabled as people working across the system addressed new constraints such as the loss of 106 acute hospital beds, 635 aged residential care beds, the loss of general practices and pharmacies as well as damaged non-government organisation sector. A number of new integration initiatives (e.g. a shared electronic health record system, community rehabilitation for older people, community falls prevention) and expansion of existing programs (e.g. acute demand management) were focused on supporting people to stay well in their homes and communities. The system working together in an integrated way has resulted in significant reductions in acute health service utilisation in Canterbury. Acute admission rates have not increased and remain significantly below national rates and the number of acute and rehabilitation bed days have fallen since the quakes, with these trends most evident among older people. However, health needs frequently reported in post-disaster literature have created greater pressures on the system. In particular, an escalating number of people facing mental health problems and coping with acute needs of the migrant rebuild population provide new challenges for a workforce also affected by the quakes. The recovery journey for Canterbury is not over.

Videos, UC QuakeStudies

A video of a presentation by Thomas Petschner during the Resilience and Response Stream of the 2016 People in Disasters Conference. The presentation is titled, "Medical Clowning in Disaster Zones".The abstract for this presentation reads as follows: To be in a crisis caused by different kinds of natural disasters (as well as a man made incidents), dealing with ongoing increase of problems and frequent confrontation with very bad news isn't something that many people can easily cope with. This applies obviously to affected people but also to the members of SAR teams, doctors in the field and the experienced humanitarians too. The appropriate use of humour in crisis situations and dis-functional environments is a great tool to make those difficult moments more bearable for everyone. It helps injured and traumatised people cope with what they're facing, and can help them to recover more quickly too. At the same time humorous thinking can help to solve some of the complex problems emergency responders face. This is in addition to emergency and medical only reactions - allowing for a more holistic human perspective, which can provide a positive lasting effect. The ability to laugh is hardwired into our systems bringing a huge variety of physical, mental and social benefits. Even a simple smile can cultivate optimism and hope, while laughter can boost a hormone cocktail - which helps to cope with pain, enhance the immune system, reduce stress, re-focus, connect and unite people during difficult times. Humour as an element of psychological response in crisis situations is increasingly understood in a much wider sense: as the human capacity to plan and achieve desired outcomes with less stress, thus resulting in more 'predictable' work in unpredictable situations. So, if we approach certain problems in the same way Medical Clowns do, we may find a more positive solution. Everyone knows that laughter is an essential component of a healthy, happy life. The delivery of 'permission to laugh' into disaster zones makes a big difference to the quality of life for everyone, even if it's for a very short, but important period of time. And it's crucial to get it right as there is no second chance for the first response.