The Canterbury earthquakes in 2010 and 2011 had a significant impact on landlords and tenants of commercial buildings in the city of Christchurch. The devastation wrought on the city was so severe that in an unprecedented response to this disaster a cordon was erected around the central business district for nearly two and half years while demolition, repairs and rebuilding took place. Despite the destruction, not all buildings were damaged. Many could have been occupied and used immediately if they had not been within the cordoned area. Others had only minor damage but repairs to them could not be commenced, let alone completed, owing to restrictions on access caused by the cordon. Tenants were faced with a major problem in that they could not access their buildings and it was likely to be a long time before they would be allowed access again. The other problem was uncertainty about the legal position as neither the standard form leases in use, nor any statute, provided for issues arising from an inaccessible building. The parties were therefore uncertain about their legal rights and obligations in this situation. Landlords and tenants were unsure whether tenants were required to pay rent for a building that could not be accessed or whether they could terminate their leases on the basis that the building was inaccessible. This thesis looks at whether the common law doctrine of frustration could apply to leases in these circumstances, where the lease had made no provision. It analyses the history of the doctrine and how it applies to a lease, the standard form leases in use at the time of the earthquakes and the unexpected and extraordinary nature of the earthquakes. It then reports on the findings of the qualitative empirical research undertaken to look at the experiences of landlords and tenants after the earthquakes. It is argued that the circumstances of landlords and tenants met the test for the doctrine of frustration. Therefore, the doctrine could have applied to leases to enable the parties to terminate them. It concludes with a suggestion for reform in the form of a new Act to govern the special relationship between commercial landlords and tenants, similar to legislation already in place covering other types of relationships like those in residential tenancies and employment. Such legislation could provide dispute resolution services to enable landlords and tenants to have access to justice to determine their legal rights at all times, and in particular, in times of crisis.
Though generally considered “natural” disasters, cyclones and earthquakes are increasingly being associated with human activities, incubated through urban settlement patterns and the long-term redistribution of natural resources. As society is becoming more urbanized, the risk of human exposure to disasters is also rising. Architecture often reflects the state of society’s health: architectural damage is the first visible sign of emergency, and reconstruction is the final response in the process of recovery. An empirical assessment of architectural projects in post-disaster situations can lead to a deeper understanding of urban societies as they try to rebuild. This thesis offers an alternative perspective on urban disasters by looking at the actions and attitudes of disaster professionals through the lens of architecture, situated in recent events: the 2010 Christchurch earthquake, the 2010 Haiti earthquake, and the 2005 Hurricane Katrina. An empirical, multi-hazard, cross-sectional case study methodology was used, employing grounded theory method to build theory, and a critical constructivist strategy to inform the analysis. By taking an interdisciplinary approach to understanding disasters, this thesis positions architecture as a conduit between two divergent approaches to disaster research: the hazards approach, which studies the disaster cycles from a scientific perspective; and the sociological approach, which studies the socially constructed vulnerabilities that result from disasters, and the elements of social change that accompany such events. Few studies to date have attempted to integrate the multi-disciplinary perspectives that can advance our understanding of societal problems in urban disasters. To bridge this gap, this thesis develops what will be referred to as the “Rittelian framework”—based on the work of UC Berkeley’s architecture professor Horst Rittel (1930-1990). The Rittelian framework uses the language of design to transcend the multiple fields of human endeavor to address the “design problems” in disaster research. The processes by which societal problems are addressed following an urban disaster involve input by professionals from multiple fields—including economics, sociology, medicine, and engineering—but the contribution from architecture has been minimal to date. The main impetus for my doctoral thesis has been the assertion that most of the decisions related to reconstruction are made in the early emergency recovery stages where architects are not involved, but architects’ early contribution is vital to the long-term reconstruction of cities. This precipitated in the critical question: “How does the Rittelian framework contribute to the critical design decisions in modern urban disasters?” Comparative research was undertaken in three case studies of recent disasters in New Orleans (2005), Haiti (2010) and Christchurch (2010), by interviewing 51 individuals who were selected on the basis of employing the Rittelian framework in their humanitarian practice. Contextualizing natural disaster research within the robust methodological framework of architecture and the analytical processes of sociology is the basis for evaluating the research proposition that architectural problem solving is of value in addressing the ‘Wicked Problems’ of disasters. This thesis has found that (1) the nuances of the way disaster agents interpret the notion of “building back better” can influence the extent to which architectural professionals contribute in urban disaster recovery, (2) architectural design can be used to facilitate but also impede critical design decisions, and (3) framing disaster research in terms of design decisions can lead to innovation where least expected. This empirical research demonstrates how the Rittelian framework can inform a wider discussion about post-disaster human settlements, and improve our resilience through disaster research.
The New Zealand Kellogg Rural Leaders Programme develops emerging agribusiness leaders to help shape the future of New Zealand agribusiness and rural affairs. Lincoln University has been involved with this leaders programme since 1979 when it was launched with a grant from the Kellogg Foundation, USA.At 4.35am on 4th September 2010, Canterbury was hit by an earthquake measuring 7.1 on the
Richter scale. On 22nd February 2011 and 13th June 2011 a separate fault line approximately
35km from the first, ruptured to inflict two further earthquakes measuring 6.3 and 6.0
respectively. As a direct result of the February earthquake, 181 people lost their lives. Some
commentators have described this series of earthquakes as the most expensive global
insurance event of all time.
These earthquakes and the more than 7000 associated aftershocks have had a significant
physical impact on parts of Canterbury and virtually none on others. The economic, social and
emotional impacts of these quakes spread across Canterbury and beyond.
Waimakariri district, north of Christchurch, has reflected a similar pattern, with over 1400 houses
requiring rebuild or substantial repair, millions of dollars of damage to infrastructure, and
significant social issues as a result. The physical damage in Waimakiriri District was
predominately in parts of Kaiapoi, and two small beach settlements, The Pines and Kairaki
Beach with pockets elsewhere in the district. While the balance of the district is largely
physically untouched, the economic, social, and emotional shockwaves have spread across the
district. Waimakariri district consists of two main towns, Rangiora and Kaiapoi, a number of
smaller urban areas and a larger rural area. It is considered mid-size in the New Zealand local
government landscape.
This paper will explore the actions and plans of Waimakiriri District Council (WDC) in the
Emergency Management Recovery programme to provide context to allow a more detailed
examination of the planning processes prior to, and subsequent to the earthquakes. This study
looked at documentation produced by WDC, applicable legislation and New Zealand
Emergency Management resources and other sources. Key managers and elected
representatives in the WOC were interviewed, along with a selection of governmental and nongovernmental
agency representatives. The interview responses enable understanding of how
central Government and other local authorities can benefit from these lessons and apply them
to their own planning.
It is intended that this paper will assist local government organisations in New Zealand to
evaluate their planning processes in light of the events of 2010/11 in Canterbury and the
lessons from WDC.
