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 Evaluating Maternity Units (EMU) study is a mixed method project involving a prospective cohort study, surveys (two postnatal questionnaires) and focus groups. It is an Australasian project funded by the Australian Health and Medical Research Council. Its primary aim was to compare the birth outcomes of two groups of well women – one group who planned to give birth at a primary maternity unit, and a second group who planned to give birth at a tertiary hospital. The secondary aim was to learn about women’s views and experiences regarding their birthplace decision-making, transfer, maternity care and experiences, and any other issues they raised. The New Zealand arm of the study was carried out in Christchurch, and was seriously affected by the earthquakes, halting recruitment at 702 participants. Comprehensive details were collected from both midwives and women regarding antenatal and early labour changes of birthplace plans and perinatal transfers from the primary units to the tertiary hospital. Women were asked about how they felt about plan changes and transfers in the first survey, and they were discussed in some focus groups. The transfer findings are still being analysed and will be presented. This study is set within the local maternity context, is recent, relevant and robust. It provides midwives with contemporary information about transfers from New Zealand primary maternity units and women’s views and experiences. It may help inform the conversations midwives have with each other, and with women and their families/whānau, regarding the choices of birthplace for well childbearing women.
This thesis describes the management process of innovation through construction infrastructure projects. This research focuses on the innovation management process at the project level from four views. These are categorised into the separate yet related areas of: “innovation definition”, “Project time”, “project team motivation” and “Project temporary organisation”. A practical knowledge is developed for each of these research areas that enables project practitioners to make the best decision for the right type of innovation at the right phase of projects, through a capable project organisation. The research developed a holistic view on both innovation and the construction infrastructure project as two complex phenomena. An infrastructure project is a long-term capital investment, highly risky and an uncertain. Infrastructure projects can play a key role in innovation and performance improvement throughout the construction industry. The delivery of an infrastructure project is affected in most cases by critical issues of budget constraint, programme delays and safety Where the business climate is characterized by uncertainty, risk and a high level of technological change, construction infrastructure projects are unable to cope with the requirement to develop innovation. Innovation in infrastructure projects, as one of the key performance indicators (KPI) has been identified as a critical capability for performance improvement through the industry. However, in spite of the importance of infrastructure projects in improving innovation, there are a few research efforts that have developed a comprehensive view on the project context and its drivers and inhibitors for innovation in the construction industry. Two main reasons are given as the inhibitors through the process of comprehensive research on innovation management in construction. The first reason is the absence of an understanding of innovation itself. The second is a bias towards research at a firm and individual level, so a comprehensive assessment of project-related factors and their effects on innovation in infrastructure projects has not been undertaken. This study overcomes these issues by adopting as a case study approach of a successful infrastructure project. This research examines more than 500 construction innovations generated by a unique infrastructure alliance. SCIRT (Stronger Christchurch Infrastructure Rebuild Team) is a temporary alliancing organisation that was created to rebuild and recover the damaged infrastructure after the Christchurch 2011 earthquake. Researchers were given full access to the innovation project information and innovation systems under a contract with SCIRT Learning Legacy, provided the research with material which is critical for understanding innovations in large, complex alliancing infrastructure organisation. In this research, an innovation classification model was first constructed. Clear definitions have been developed for six types of construction innovation with a variety of level of novelties and benefits. The innovation classification model was applied on the SCIRT innovation database and the resultant trends and behaviours of different types of innovation are presented. The trends and behaviours through different types of SCIRT innovations developed a unique opportunity to research the projectrelated factors and their effect on the behaviour of different classified types of innovation throughout the project’s lifecycle. The result was the identification of specific characteristics of an infrastructure project that affect the innovation management process at the project level. These were categorised in four separate chapters. The first study presents the relationship between six classified types of innovation, the level of novelty and the benefit they come up with, by applying the innovation classification model on SCIRT innovation database. The second study focused on the innovation potential and limitations in different project lifecycle phases by using a logic relationship between the six classified types of innovation and the three classified phases of the SCIRT project. The third study result develops a holistic view of different elements of the SCIRT motivation system and results in a relationship between the maturity level of definition developed for innovation as one of the KPIs and a desire though the SCIRT innovation incentive system to motivate more important innovations throughout the project. The fourth study is about the role of the project’s temporary organisation that finally results in a multiple-view innovation model being developed for project organisation capability assessment in the construction industry. The result of this thesis provides practical and instrumental knowledge to be used by a project practitioner. Benefits of the current thesis could be categorized in four groups. The first group is the innovation classification model that provides a clear definition for six classified types of innovation with four levels of novelty and specifically defined outcomes and the relationship between the innovation types, novelty and benefit. The second is the ability that is provided for the project practitioner to make the best decision for the right type of innovation at the right phases of a project’s lifecycle. The third is an optimisation that is applied on the SCIRT innovation motivation system that enables the project practitioner to incentivize the right type of innovation with the right level of financial gain. This drives the project teams to develop a more important innovation instead of a simple problemsolving one. Finally, the last and probably more important benefit is the recommended multiple-view innovation model. This is a tool that could be used by a project practitioner in order to empower the project team to support innovation throughout the project.
The 2010/2011 Canterbury earthquakes have provided a unique opportunity to investigate the seismic performance of both traditional and modern buildings constructed in New Zealand. It is critical that the observed performance is examined and compared against the expected levels of performance that are outlined by the Building Code and Design Standards. In particular, in recent years there has been a significant amount of research into the seismic behaviour of precast concrete floor systems and the robustness of the support connections as a building deforms during an earthquake. An investigation of precast concrete floor systems in Christchurch has been undertaken to assess both the performance of traditional and current design practice. The observed performance for each type of precast floor unit was collated from a number of post-earthquake recognisance activities and compared against the expected performance determined for previous experimental testing and analysis. Possible reasons for both the observed damage, and in some cases the lack of damage, were identified. This critical review of precast concrete floor systems will assist in determining the success of current design practice as well as identify any areas that require further research and/or changes to design standards.
As part of the ‘Project Masonry’ Recovery Project funded by the New Zealand Natural Hazards Research Platform, commencing in March 2011, an international team of researchers was deployed to document and interpret the observed earthquake damage to masonry buildings and to churches as a result of the 22nd February 2011 Christchurch earthquake. The study focused on investigating commonly encountered failure patterns and collapse mechanisms. A brief summary of activities undertaken is presented, detailing the observations that were made on the performance of and the deficiencies that contributed to the damage to approximately 650 inspected unreinforced clay brick masonry (URM) buildings, to 90 unreinforced stone masonry buildings, to 342 reinforced concrete masonry (RCM) buildings, to 112 churches in the Canterbury region, and to just under 1100 residential dwellings having external masonry veneer cladding. Also, details are provided of retrofit techniques that were implemented within relevant Christchurch URM buildings prior to the 22nd February earthquake. In addition to presenting a summary of Project Masonry, the broader research activity at the University of Auckland pertaining to the seismic assessment and improvement of unreinforced masonry buildings is outlined. The purpose of this outline is to provide an overview and bibliography of published literature and to communicate on-going research activity that has not yet been reported in a complete form. http://sesoc.org.nz/conference/programme.pdf
Unreinforced masonry (URM) is a construction type that was commonly adopted in New Zealand between the 1880s and 1930s. URM construction is evidently vulnerable to high magnitude earthquakes, with the most recent New Zealand example being the 22 February 2011 Mw6.3 Christchurch earthquake. This earthquake caused significant damage to a majority of URM buildings in the Canterbury area and resulted in 185 fatalities. Many URM buildings still exist in various parts of New Zealand today, and due to their likely poor seismic performance, earthquake assessment and retrofit of the remaining URM building stock is necessary as these buildings have significant architectural heritage and occupy a significant proportion of the nation’s building stock. A collaborative research programme between the University of Auckland and Reid Construction Systems was conducted to investigate an economical yet effective solution for retrofitting New Zealand’s existing URM building stock. This solution adopts the shotcrete technique using an Engineered Cementitious Composite (ECC), which is a polyvinyl alcohol fibre reinforced mortar that exhibits strain hardening characteristics. Collaborations have been formed with a number of consulting structural engineers throughout New Zealand to develop innovative and cost effective retrofit solutions for a number of buildings. Two such case studies are presented in this paper. http://www.concrete2013.com.au/technical-program/
The Catholic Cathedral is classified as a category 1 listed heritage building constructed largely of unreinforced stone masonry, and was significantly damaged in the recent Canterbury earthquakes of 2010 and 2011. In the 2010 event the building presented slight to moderta damage, meanwhile in the 2011 one experienced ground shaking in excess of its capacity leading to block failures and partial collapse of parts of the building, which left the building standing but still posing a significant hazard. In this paper we discuss the approach to develop the earthquake analysis of the building by 3D numerical simulations, and the results are compared/calibrated with the observed damage of the 2010 earthquake. Very accurate records were obtained during both earthquakes due to a record station located least than 80 m of distance from the building and used in the simulations. Moreover it is included in the model the soil structure interaction because it was observed that the ground and foundation played an important role on the seismic behavior of the structure. A very good agreement was found between the real observed damage and the nonlinear dynamic simulations described trough inelastic deformation (cracking) and building´s performance.
Description: Observations of RC building performance in recent earthquakes with a special focus on the devastating events in Christchurch, New Zealand. These events have highlighted the complexity of post-earthquake decisions for damaged buildings and the impacts on communities. The presentation will reflect on factors influencing demolition decisions and emerging challenges for the earthquake engineering community. http://atc-sei.org/
"The nuclear meltdown at Fukushima ... the Fonterra botulism scare ... the Christchurch earthquakes – in all these recent crises the role played by scientists has been under the spotlight. What is the first duty of scientists in a crisis – to the government, to their employer, or to the wider public desperate for information? And what if these different objectives clash? In this penetrating BWB Text, leading scientist Shaun Hendy finds that in New Zealand, the public obligation of the scientist is often far from clear and that there have been many disturbing instances of scientists being silenced. Experts who have information the public seeks, he finds, have been prevented from speaking out. His own experiences have led him to conclude that New Zealanders have few scientific institutions that feel secure enough to criticise the government of the day." - Publisher information. http://librarysearch.auckland.ac.nz/UOA2_A:Combined_Local:uoa_alma21259423940002091
This paper presents a qualitative study with multiple refugee background communities living in Christchurch, New Zealand about their perspectives and responses to the Canterbury earthquakes of 2010-2011 (32 semi-structured interviews and 11 focus group discussions comprising 112 participants). Whilst the Canterbury earthquakes created significant challenges for the entire region, several refugee background communities found multiple ways to effectively respond to such adversity. Central to this response were their experiences of belonging which were comprised of both ‘civic’ and ‘ethno’ conceptualisations. This discussion includes an analysis on the intersectionality of identity to highlight the gendered, contextual and chronological influences that impact people’s perspectives of and responses to a disaster. As the study was conducted over 18 months, the paper discusses how social capital resources and experiences of belonging can help inform urban disaster risk reduction (DRR) with refugee groups. http://3icudr.org/program
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.
This paper begins with a discussion of the history of negligent manslaughter in New Zealand and its development from the standard of ordinary negligence to the current test of a “major departure” from the expected standard of care, as set out under s 150A of the Crimes Act 1961. The paper then examines failings in s 150A’s current application, arguing that the “major departure” test has created injustices due to its strictly objective nature. Two examples of this are discussed in-depth, Bawa-Garba v R (UK) where a doctor was convicted of grossly negligent manslaughter for the death of her patient; and the decision not to prosecute the negligent engineers of the CTV building which collapsed in the Christchurch earthquake of 2011. The paper discusses three potential resolutions moving forward. It concludes that a more subjective interpretation of the wording of s 150A, which takes account of circumstances excusing or condemning a defendant’s conduct, would prevent future injustices and be a reasonably open interpretation on the wording of s 150A.
The standard way in which disaster damages are measured involves examining separately the number of fatalities, of injuries, of people otherwise affected, and the financial damage that natural disasters cause. Here, we implement a novel way to aggregate these separate measures of disaster impact and apply it to two recent catastrophic events: the Christchurch (New Zealand) earthquakes and the Greater Bangkok (Thailand) floods of 2011. This new measure, which is similar to the World Health Organization’s calculation of Disability Adjusted Life Years (DALYs) lost from the burden of diseases and injuries, is described in detail in Noy (2014). It allows us to conclude that New Zealand lost 180 thousand lifeyears as a result of the 2011 events, and Thailand lost 2,644 thousand years. In per capita terms, the loss is similar, with both countries losing about 15 days per person due to the 2011 catastrophic events in these two countries. We also compare these events to other potentially similar events.
We examine the role of business interruption insurance in business recovery following the Christchurch earthquake in 2011 in the short- and medium-term. In the short-term analysis, we ask whether insurance increases the likelihood of business survival in the aftermath of a disaster. We find only weak evidence that those firms that had incurred damage, but were covered by business interruption insurance, had higher likelihood of survival post-quake compared with those firms that did not have insurance. This absence of evidence may reflect the high degree of uncertainty in the months following the 2011 earthquake and the multiplicity of severe aftershocks. For the medium-term, our results show a more explicit role for insurance in the aftermath of a disaster. Firms with business interruption insurance have a higher probability of increasing productivity and improved performance following a catastrophe. Furthermore, our results show that those organisations that receive prompt and full payments of their claims have a better recovery, in terms of profitability and a subjective ‘”better off” measure’ than those that had protracted or inadequate claim payments (less than 80% of the claim paid within 2.5 years). Interestingly, the latter group does worse than those organisations that had damage but no insurance coverage. This analysis strongly indicates the importance not only of good insurance coverage, but of an insurance system that also delivers prompt claim payments. As a first paper attempting to empirically identify a causal effect of insurance on business recovery, we also emphasize some caveats to our analysis.
Earthquakes are insured only with public sector involvement in high-income countries where the risk of earthquakes is perceived to be high. The proto-typical examples of this public sector involvement are the public earthquake insurance schemes in California, Japan, and New Zealand (NZ). Each of these insurance programs is structured differently, and the purpose of this paper is to examine these differences using a concrete case-study, the sequence of earthquakes that occurred in the Christchurch, New Zealand, in 2011. This event turned out to have been the most heavily insured earthquake event in history. We examine what would have been the outcome of the earthquakes had the system of insurance in NZ been different. In particular, we focus on the public earthquake insurance programs in California (the California Earthquake Authority - CEA), and in Japan (Japanese Earthquake Reinsurance - JER). Overall, the aggregate cost to the public insurer in NZ was $NZ 11.1 billion in its response to the earthquakes. If a similar-sized disaster event had occurred in Japan and California, homeowners would have received $NZ 2.5 billion and $NZ 1.4 billion from the JER and CEA, respectively. We further describe the spatial and distributive patterns of these different scenarios.
We measure the longer-term effect of a major earthquake on the local economy, using night-time light intensity measured from space, and investigate whether insurance claim payments for damaged residential property affected the local recovery process. We focus on the destructive Christchurch earthquake of 2011 as our case study. In this event more than 95% of residential housing units were covered by insurance, but 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 describe the recovery’s determinants. We also find that insurance payments contributed significantly to the process of economic recovery after the earthquake, but delayed payments were less affective and cash settlement of claims were more affective in contributing to local recovery than insurance-managed rebuilding.
We estimate the causal effects of a large unanticipated natural disaster on high schoolers’ university enrolment decisions and subsequent medium-term labour market outcomes. Using national administrative data after a destructive earthquake in New Zealand, we estimate that the disaster raises tertiary education enrolment of recent high school graduates by 6.1 percentage points. The effects are most pronounced for males, students who are academically weak relative to their peers, and students from schools directly damaged by the disaster. As relatively low ability males are overrepresented in sectors of the labour market helped by the earthquake, greater demand for university may stem from permanent changes in deeper behavioural parameters such as risk aversion or time preference, rather than as a coping response to poor economic opportunities.
