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Research Papers, Lincoln University

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.

Videos, UC QuakeStudies

A video of a presentation by Hugh Cowan, General Manager of Reinsurance, Research and Education at EQC, at the 2016 Seismics in the City Conference. The presentation is titled, "Working Together Strengthens Understanding".The abstract for the presentation reads, "Hear how EQC led a collaborative research project in Canterbury that involved diverse stakeholders from government, council officials and insurers to homeowners, and why collaboration means that Canterbury's geotechnical data is now helping to inform research locally, nationally and around the world."

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.

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.

Videos, UC QuakeStudies

A video of a presentation by Jane Murray and Stephen Timms during the Social Recovery Stream of the 2016 People in Disasters Conference. The presentation is titled, "Land Use Recovery Plan: How an impact assessment process engaged communities in recovery planning".The abstract for this presentation reads as follows: In response to the Canterbury earthquakes, the Minister for Canterbury Earthquake Recovery directed Environment Canterbury (Canterbury's regional council) to prepare a Land Use Recovery Plan that would provide a spatial planning framework for Greater Christchurch and aid recovery from the Canterbury earthquakes. The Land Use Recovery Plan sets a policy and planning framework necessary to rebuild existing communities and develop new communities. As part of preparing the plan, an integrated assessment was undertaken to address wellbeing and sustainability concerns. This ensured that social impacts of the plan were likely to achieve better outcomes for communities. The process enabled a wide range of community and sector stakeholders to provide input at the very early stages of drafting the document. The integrated assessment considered the treatment of major land use issues in the plan, e.g. overall distribution of activities across the city, integrated transport routes, housing typography, social housing, employment and urban design, all of which have a key impact on health and wellbeing. Representatives from the Canterbury Health in All Policies Partnership were involved in designing a three-part assessment process that would provide a framework for the Land Use Recovery Plan writers to assess and improve the plan in terms of wellbeing and sustainability concerns. The detail of these assessment stages, and the influence that they had on the draft plan, will be outlined in the presentation. In summary, the three stages involved: developing key wellbeing and sustainability concerns that could form a set of criteria, analysing the preliminary draft of the Land Use Recovery Plan against the criteria in a broad sector workshop, and analysing the content and recommendations of the Draft Plan. This demonstrates the importance of integrated assessment influencing the Land Use Recovery Plan that in turn influences other key planning documents such as the District Plan. This process enabled a very complex document with wide-ranging implications to be broken down, enabling many groups, individuals and organisations to have their say in the recovery process. There is also a range of important lessons for recovery that can be applied to other projects and actions in a disaster recovery situation.

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