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Research papers, University of Canterbury Library

The 2010-2011 Canterbury Earthquakes brought devastation to the city of Christchurch and has irrevocably affected the lives of the city’s residents. Years after the conclusion of these earthquakes, Christchurch and its residents are well on the path to recovery. Crime has proven an ongoing topic of discussion throughout this period, with news reports of increased burglary and arson in areas left largely abandoned by earthquake damage, and a rise in violent crime in suburban areas of Christchurch. Following the body of research that has considered the reaction of crime to natural disasters, this research has sought to comprehensively examine and understand the effects that the Canterbury Earthquakes had on crime. Examining Christchurch-wide offending, crime rates fell over the study period (July 2008 to June 2013), with the exception of domestic violence. Aside from a momentary increase in burglary in the days immediately following the Christchurch Earthquake, crime rates (as of 2013) have remained largely below pre-earthquake levels. Using Dual Kernel Density Estimation Analysis, a distinct spatial change in pre-earthquake crime hotspots was observed. These changes included an enormous decrease in central city offences, a rise in burglary in the eastern suburbs, and an increase in assault in areas outside of the central city. Logistic regression analysis, using a time-compensated dependent variable, identified a number of statistically-significant relationships between per CAU crime rate change and factors measuring socio-demographic characteristics, community cohesion, and the severity of disaster effects. The significance of these findings was discussed using elements of Social Disorganisation Theory, Routine Activity Theory, and Strain Theory. Consistent with past findings, social order was largely maintained following the Canterbury Earthquakes, with suggestion that increased collective efficacy and therapeutic communities had a negative influence on crime in the post-earthquake period. Areas of increased burglary and assault were associated with large population decreases, suggesting a link with the dissolution of communities and the removal of their inherent informal guardianship. Though observed, the increase in domestic violence was not associated with most neighbourhood-level variables. Trends in crime after the Canterbury Earthquakes were largely consistent with past research, and the media’s portrayal.

Research papers, University of Canterbury Library

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.