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Research papers, University of Canterbury Library

The 2010-2011 Canterbury earthquake sequence, and the resulting extensive data sets on damaged buildings that have been collected, provide a unique opportunity to exercise and evaluate previously published seismic performance assessment procedures. This poster provides an overview of the authors’ methodology to perform evaluations with two such assessment procedures, namely the P-58 guidelines and the REDi Rating System. P-58, produced by the Federal Emergency Management Agency (FEMA) in the United States, aims to facilitate risk assessment and decision-making by quantifying earthquake ground shaking, structural demands, component damage and resulting consequences in a logical framework. The REDi framework, developed by the engineering firm ARUP, aids stakeholders in implementing resilience-based earthquake design. Preliminary results from the evaluations are presented. These have the potential to provide insights on the ability of the assessment procedures to predict impacts using “real-world” data. However, further work remains to critically analyse these results and to broaden the scope of buildings studied and of impacts predicted.

Audio, Radio New Zealand

How do we choose who we admire? Sports commentator Lavina Good talks about the latest Australian rugby league player to be caught being lewd. What the Panelists David Farrar and Tony Doe have been thinking about. Lawyer Duncan Webb discusses the criteria for charitable trusts after one set up by the Head Hunters was eventually deregistered. And the Christchurch couple told they can't use part of their property because the Canterbury Earthquake Recovery Authority (CERA) might need access to it.

Research papers, University of Canterbury Library

There has not been substantial research conducted in the area of fraud and natural disasters. Therefore, this study sought to examine the perceptions of Canterbury residents toward the recovery process following the September 2010 and February 2011 earthquakes and whether residents felt as though contractor fraud occurs in Canterbury. A questionnaire was developed to gauge information about Canterbury residents’ self-reports involving the earthquakes, specific contractors involved, parties involved with the recovery process in general, and demographic information. Participants included a total of 213 residents from the Canterbury region who had been involved with contractors and/or insurance companies due to the recovery process. Results indicated that a high percentage of the participants were not satisfied with the recovery process and that almost half of the participants reported feeling scammed by contractors in Canterbury after the 2010 and 2011 earthquakes. Moreover, the results indicate that participants neither agreed with the assessments made about their property losses nor the plans made to recover their properties. In many cases, participants felt pressured and even reluctant to accept these assessments and/or plans. The present study does not seek to explain why contractor fraud exists or what motivates scammers. Conversely, it attempts to demonstrate the perceptions of contractor fraud and satisfaction that have taken place in the aftermath of the Canterbury earthquakes.

Articles, UC QuakeStudies

A copy of a letter from Seamus O'Cromtha which was sent to the Chief Executive of the Ministry of Business, Innovation and Employment (MBIE) on 3 September 2016. The letter was sent on behalf of Empowered Christchurch. In the letter, O'Cromtha calls on the Chief Executive to instruct the Christchurch City Council to stop issuing building consents in areas such as the Avon River floodplain until stop banks have been erected along the river. O'Cromtha comments, "Properties that should be protected by stop banks currently have no protection against flooding".

Videos, UC QuakeStudies

A video of a presentation by Antony Gough, New Zealand property developer, during a panel at the 2016 Seismics in the City Conference. The panel has three themes:A City on the Move: Collaboration and Regeneration: "'Christchurch is now moving rapidly from the recovery phase into a regeneration stage with Central and Local Government working with the wider community, including the business community to ensure we get optimal outcomes for greater Christchurch' (CECC)."Looking Back: Remembering and Learning: "What are the milestones? What are the millstones? What have we learnt? What have we applied?"Looking Forward: Visioning and Building: "What do we aspire to? What are the roadblocks? What is the way forward?"

Videos, UC QuakeStudies

A video of a presentation by Dr Duncan Webb, Partner at Lane Neave, during the third plenary of the 2016 People in Disasters Conference. The presentation is titled, "Loss of Trust and other Earthquake Damage".The abstract for this presentation reads as follows: It was predictable that the earthquakes which hit the Canterbury region in 2010 and 2011 caused trauma. However, it was assumed that recovery would be significantly assisted by governmental agencies and private insurers. The expectation was that these organisations would relieve the financial pressures and associated anxiety caused by damage to property. Some initiatives did exactly that. However, there are many instances where difficulties with insurance and related issues have exacerbated the adverse effects of the earthquakes on people's wellness. In some cases, stresses around property issues have become and independent source of extreme anxiety and have had significant impacts on the quality of people's lives. Underlying this problem is a breakdown in trust between citizen and state, and insurer and insured. This has led to a pervading concern that entitlements are being denied. While such concerns are sometimes well founded, an approach which is premised on mistrust is frequently highly conflicted, costly, and often leads to worse outcomes. Professor Webb will discuss the nature and causes of these difficulties including: the complexity of insurance and repair issues, the organisational ethos of the relevant agencies, the hopes of homeowners and the practical gap which commonly arises between homeowner expectation and agency response. Observations will be offered on how the adverse effects of these issues can be overcome in dealing with claimants, and how such matters can be managed in a way which promotes the wellness of individuals.

Research papers, University of Canterbury Library

The Canterbury Earthquakes of 2010 and 2011 and subsequent re-organisation and rebuilding of schools in the region is initiating a rapid transitioning from traditional classrooms and individual teaching to flexible learning spaces (FLS’s) and co-teaching. This transition is driven by the Ministry of Education property division who have specific guidelines for designing new schools, re-builds and the five and ten year property plan requirements. Boards of Trustees, school leaders and teachers are faced with the challenge of reconceptualising teaching and learning from private autonomous learning environments to co-teaching in Flexible Learning Spaces provisioned for 50 to 180 children and two to six teachers in a single space. This process involves risks and opportunities especially for teachers and children. This research project investigates the key components necessary to create effective co-teaching relationships and environments. It explores the lessons learnt from the 1970’s open plan era and the views of 40 experienced practitioners and leaders with two or more years’ experience working in collaborative teaching and learning environments in sixteen New Zealand and Australian schools. The research also considers teacher collaboration and co-teaching as evidenced in literature. The findings lead to the identification of eight key components required to create effective collaborative teaching and learning environments which are discussed using three themes of student centeredness, effective pedagogy and collaboration. Six key recommendations are provided to support the effective co-teaching in a flexible learning space: 1. Situate learners at the centre 2. Develop shared understanding about effective pedagogy in a FLS 3. Develop skills of collaboration 4. Implement specific co-teaching strategies 5. Analyse the impact of co-teaching strategies 6. Strategically prepare for change and the future

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