The Canterbury earthquakes of 2010 and 2011 have shone the spotlight on a number of tax issues. These issues, and in particular lessons learned from them, will be relevant for revenue authorities, policymakers and taxpayers alike in the broader context of natural disasters. Issues considered by this paper include the tax treatment of insurance monies. For example, building owners will receive pay-outs for destroyed assets and buildings which have been depreciated. Where the insurance payment is more than the adjusted tax value, there will be a taxable "gain on sale" (or depreciation recovery income). If the building owner uses those insurance proceeds to purchase a replacement asset, legislative amendments specifically enacted following the earthquakes provide that rollover relief of the depreciation recovery income is available. The tax treatment of expenditure to seismically strengthen a building is another significant issue faced by building owners. Case law has determined that this expenditure will usually be capital expenditure. In the past such costs could be capitalised to the building and depreciated accordingly. However, since the 2011-2012 income year owners have been prohibited from claiming depreciation on buildings and therefore currently no deduction is available for such strengthening expenditure (whether immediate or deferred). This has significant potential implications for landlords throughout New Zealand facing significant seismic retrofit costs. Incentives, or some form of financial support, whether delivered through the tax system or some other mechanism may be required. International Financial Reporting Standards (IFRS) require insurance proceeds, including reimbursement for expenditure of a capital nature, be reported as income while expenditure itself is not recorded as a current period expense. This has the effect of overstating current income and creating a larger variation between reported income for accounting and taxation purposes. Businesses have obligations to maintain certain business records for tax purposes. Reconstructing records destroyed by a natural disaster depends on how the information was originally stored. The earthquakes have demonstrated the benefits of ‘off-site’ (outside Canterbury) storage, in particular electronic storage. This paper considers these issues and the Inland Revenue Department (Inland Revenue) Standard Practice Statement which deals with inter alia retention of business records in electronic format and offshore record storage. Employer provided accommodation is treated as income to the benefitting employee. A recent amendment to the Income Tax Act 2007 retrospectively provides that certain employer provided accommodation is exempt from tax. The time aspect of these rules is extended where the employee is involved in the Canterbury rebuild and comes from outside the region.
Media law developments have continued across many areas in the period to mid-2013. In defamation, the New Zealand courts have begun to consider the issue of third party liability for publication on the internet, with cases involving Google searches and comments on a Facebook page. A parliamentary inquiry into a case that restricted parliamentary privilege has recommended a Parliamentary Privilege Act containing a definition of ‘proceedings in Parliament’. A satirical website increased its popularity when it fought off threatened defamation proceedings. In breach of confidence, a government body, the Earthquake Commission, obtained an interim injunction prohibiting publication of information accidentally released that dealt with the repair of earthquake-damaged properties in Christchurch, and a blogger made the information available online in breach of the order.
The UC CEISMIC Canterbury Earthquakes Digital Archive contains tens of thousands of high value cultural heritage items related to a long series of earthquakes that hit Canterbury, New Zealand, from 2010 - 2012. The archive was built by a Digital Humanities team located at the center of the disaster in New Zealand's second largest city, Christchurch. The project quickly became complex, not only in its technical aspects but in its governance and general management. This talk will provide insight into the national and international management and governance frameworks used to successfully build and deliver the archive into operation. Issues that needed to be managed included human ethics, research ethics, stakeholder management, communications, risk management, curation and ingestion policy, copyright and content licensing, and project governance. The team drew heavily on industry-standard project management methods for the basic approach, but built their ecosystem and stakeholder trust on principles derived directly form the global digital humanities community.
To address the provocation provided by the editors I wish to reflect upon the ongoing civic and artistic responses to the earthquakes in Christchurch, New Zealand, 2010-11, in which 185 people lost their lives (largely due to poor engineering and construction practices). Whilst the example is very different in character from that of efforts to memorialize July 22, 2011, I wish to use the case to briefly respond to the issue of temporality as raised by Jacques Rancière in his critique of the ‘endless work of mourning’ produced by testimonial art. The orientation of this mourning, he argues, is always backward-looking, characterized by, ‘a reversal of the flow of time: the time turned towards an end to be accomplished – progress, emancipation or the Other – is replaced by that turned towards the catastrophe behind us.’ How might memorial practices divide their gaze between remembered pasts and possible futures? AM - Accepted Manuscript
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.
The quality of multi-owned residential buildings and the capability to maintain that quality into the future is important in preserving not only the monetary value of such housing (Lujanen, 2010) but also the quality of life for its residents. The aim of this paper is to examine the governance and decision-making rules and regulations as they relate to the undertaking of major repairs in multi-owned residential buildings in Finland and New Zealand with particular regard to the Finnish Limited Liability Housing Companies Act 2010 (LLHCA 2010) and the New Zealand Unit Titles Act 2010 (UTA 2010). Currently, major building repairs are topical issues in both countries; in Finland as a result of ageing buildings requiring major re-fitting of pipes and other infrastructure, and in New Zealand as a result of earthquake damage in Christchurch and Leaky Building Syndrome nationwide. Major repairs can be a significant financial burden to unit owners and collective decisions can be difficult to achieve. Interestingly, new legislation that governs multi-owned housing was enacted in both countries in 2010. The recent enactment of this legislation provides an opportunity to examine the UTA 2010 and LLHCA 2010 with regard to how they address major repairs, improvements in housing stock and the financing possibilities associated with these undertakings. More specifically this paper explores housing intensification (i.e. building up, out or alongside existing multi-owned residential buildings on commonly owned land) as a means of financing major repairs. The comparison of governance and decision-making in two different shared ownership systems with different histories and cultural contexts provides a chance to explore the possibilities and challenges that each country faces, and the potential to learn from each other’s practices and develop these further. In this regard the findings from this paper contribute to the academic literature (Bugden 2005; Easthope & Randolph 2009; Dupuis & Dixon 2010; Lujanen 2010; Easthope, Hudson & Randolph 2013) concerning to the governance of multi-owned housing as it relates to intensive housing development and its wider social and economic implications.
This is an interim report from the research study performed within the NHRP Research Project “Impacts of soil liquefaction on land, buildings and buried pipe networks: geotechnical evaluation and design, Project 3: Seismic assessment and design of pipe networks in liquefiable soils”. The work presented herein is a continuation of the comprehensive study on the impacts of Christchurch earthquakes on the buried pipe networks presented in Cubrinovski et al. (2011). This report summarises the performance of Christchurch City’s potable water, waste water and road networks through the 2010-2011 Canterbury Earthquake Sequence (CES), and particularly focuses on the potable water network. It combines evidence based on comprehensive and well-documented data on the damage to the water network, detailed observations and interpretation of liquefaction-induced land damage, records and interpretations of ground motion characteristics induced by the Canterbury earthquakes, for a network analysis and pipeline performance evaluation using a GIS platform. The study addresses a range of issues relevant in the assessment of buried networks in areas affected by strong earthquakes and soil liquefaction. It discusses performance of different pipe materials (modern flexible pipelines and older brittle pipelines) including effects of pipe diameters, fittings and pipeline components/details, trench backfill characteristics, and severity of liquefaction. Detailed breakdown of key factors contributing to the damage to buried pipes is given with reference to the above and other relevant parameters. Particular attention is given to the interpretation, analysis and modelling of liquefaction effects on the damage and performance of the buried pipe networks. Clear link between liquefaction severity and damage rate for the pipeline has been observed with an increasing damage rate seen with increasing liquefaction severity. The approach taken here was to correlate the pipeline damage to LRI (Liquefaction Resistance Index, newly developed parameter in Cubrinovski et al., 2011) which represents a direct measure for the soil resistance to liquefaction while accounting for the seismic demand through PGA. Key quality of the adopted approach is that it provides a general methodology that in conjunction with conventional methods for liquefaction evaluation can be applied elsewhere in New Zealand and internationally. Preliminary correlations between pipeline damage (breaks km-1), liquefaction resistance (LRI) and seismic demand (PGA) have been developed for AC pipes, as an example. Such correlations can be directly used in the design and assessment of pipes in seismic areas both in liquefiable and non-liquefiable areas. Preliminary findings on the key factors for the damage to the potable water pipe network and established empirical correlations are presented including an overview of the damage to the waste water and road networks but with substantially less detail. A comprehensive summary of the damage data on the buried pipelines is given in a series of appendices.
Deformational properties of soil, in terms of modulus and damping, exert a great influence on seismic response of soil sites. However, these properties for sands containing some portion of fines particles have not been systematically addressed. In addition, simultaneous modelling of the modulus and damping behaviour of soils during cyclic loading is desirable. This study presents an experimental and computational investigation into the deformational properties of sands containing fines content in the context of site response analysis. The experimental investigation is carried on sandy soils sourced from Christchurch, New Zealand using a dynamic triaxial apparatus while the computational aspect is based on the framework of total-stress one-dimensional (1D) cyclic behaviour of soil. The experimental investigation focused on a systematic study on the deformational behaviour of sand with different amounts of fines content (particle diameter ≤ 75µm) under drained conditions. The silty sands were prepared by mixing clean sand with three different percentages of fines content. A series of bender element tests at small-strain range and stress-controlled dynamic triaxial tests at medium to high-strain ranges were conducted on samples of clean sand and silty sand. This allowed measurements of linear and nonlinear deformational properties of the same specimen for a wide strain range. The testing program was designed to quantify the effects of void ratio and fines content on the low-strain stiffness of the silty sand as well as on the nonlinear stress-strain relationship and corresponding shear modulus and damping properties as a function of cyclic shear strains. Shear wave velocity, Vs, and maximum shear modulus, Gmax, of silty sand was shown to be significantly smaller than the respective values for clean sands measured at the same void ratio, e, or same relative density, Dr. However, the test results showed that the difference in the level of nonlinearity between clean sand and silty sands was small. For loose samples prepared at an identical relative density, the behaviour of clean sand was slightly less nonlinear as compared to sandy soils with higher fines content. This difference in the nonlinear behaviour of clean sand and sandy soils was negligible for dense soils. Furthermore, no systematic influence of fines content on the material damping curve was observed for sands with fines content FC = 0 to 30%. In order to normalize the effects of fines on moduli of sands, equivalent granular void ratio, e*, was employed. This was done through quantifying the participation of fines content in the force transfer chain of the sand matrix. As such, a unified framework for modelling of the variability of shear wave velocity, Vs, (or shear modulus, Gmax) with void ratio was achieved for clean sands and sands with fines, irrespective of their fines content. Furthermore, modelling of the cyclic stress-strain behaviour based on this experimental program was investigated. The modelling effort focused on developing a simple constitutive model which simultaneously models the soil modulus and damping relationships with shear strains observed in laboratory tests. The backbone curve of the cyclic model was adopted based on a modified version of Kondner and Zelasko (MKZ) hyperbolic function, with a curvature coefficient, a. In order to simulate the hysteretic cycles, the conventional Masing rules (Pyke 1979) were revised. The parameter n, in the Masing’s criteria was assumed to be a function of material damping, h, measured in the laboratory. As such the modulus and damping produced by the numerical model could match the stress-strain behaviour observed in the laboratory over the course of this study. It was shown that the Masing parameter n, is strain-dependent and generally takes values of n ≤ 2. The model was then verified through element test simulations under different cyclic loadings. It was shown that the model could accurately simulate the modulus and the damping simultaneously. The model was then incorporated within the OpenSees computational platform and was used to scrutinize the effects of damping on one-dimensional seismic site response analysis. For this purpose, several strong motion stations which recorded the Canterbury earthquake sequence were selected. The soil profiles were modelled as semi-infinite horizontally layered deposits overlying a uniform half-space subjected to vertically propagating shear waves. The advantages and limitations of the nonlinear model in terms of simulating soil nonlinearity and associated material damping were further scrutinized. It was shown that generally, the conventional Masing criteria unconservatively may underestimate some response parameters such as spectral accelerations. This was shown to be due to larger hysteretic damping modelled by using conventional Masing criteria. In addition, maximum shear strains within the soil profiles were also computed smaller in comparison to the values calculated by the proposed model. Further analyses were performed to study the simulation of backbone curve beyond the strain ranges addressed in the experimental phase of this study. A key issue that was identified was that relying only on the modulus reduction curves to simulate the stress-strain behaviour of soil may not capture the actual soil strength at larger strains. Hence, strength properties of the soil layer should also be incorporated to accurately simulate the backbone curve.
