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Images, UC QuakeStudies

A photograph of the earthquake damage to Munn's the Man store on Armagh Street. The outer wall of the top storey has collapsed, the bricks and other rubble spilling onto the car park below. Wire fences placed around the building have toppled over. Steel bracing has been set up inside the building to hold the roof up.

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

Research papers, University of Canterbury Library

The 14 November 2016 Kaikōura earthquake had major impacts on New Zealand's transport system. Road, rail and port infrastructure was damaged, creating substantial disruption for transport operators, residents, tourists, and business owners in the Canterbury, Marlborough and Wellington regions, with knock-on consequences elsewhere. During both the response and recovery phases, a large amount of information and data relating to the transport system was generated, managed, analysed, and exchanged within and between organisations to assist decision making. To improve information and data exchanges and related decision making in the transport sector during future events and guide new resilience strategies, we present key findings from a recent post-earthquake assessment. The research involved 35 different stakeholder groups and was conducted for the Ministry of Transport. We consider what transport information was available, its usefulness, where it was sourced from, mechanisms for data transfer between organisations, and suggested approaches for continued monitoring.

Images, UC QuakeStudies

A photograph of members of the Wellington Emergency Management Office Emergency Response Team examining an earthquake-damaged building on Acton Street. The closest section of the outer wall has collapsed, and the bricks and other rubble have fallen onto the pavement in front. A boat which was being stored inside has toppled over and is now sticking out of the building.

Images, UC QuakeStudies

A photograph of members of the Wellington Emergency Management Office Emergency Response Team examining an earthquake-damaged building on Acton Street. The closest section of the outer wall has collapsed, and the bricks and other rubble have fallen onto the pavement in front. A boat which was being stored inside has toppled over and is now sticking out of the building.

Images, UC QuakeStudies

A photograph of the earthquake-damaged buildings and rubble on Colombo Street near the intersection of St Asaph Street. The walls of the top storey of the buildings to the left have crumbled, and bricks and other rubble have fallen onto the footpath and road below. Wire fencing and police tape have been placed across the street as a cordon.

Images, UC QuakeStudies

A photograph of members of the Wellington Emergency Management Office Emergency Response Team examining an earthquake-damaged building on Acton Street. The closest section of the outer wall has collapsed, and the bricks and other rubble have fallen onto the pavement in front. A boat which was being stored inside has toppled over and is now sticking out of the building.

Images, UC QuakeStudies

A photograph of the earthquake-damaged to a house in Christchurch. The far wall has collapsed and many of the concrete blocks have spilled into the garden in front. Emergency tape has been draped in front of the wall as a cordon. A red sticker has also been stuck on the furthest window, indicating that the house is unsafe to enter.

Images, UC QuakeStudies

A photograph of members of the Wellington Emergency Management Office Emergency Response Team examining an earthquake-damaged building on Acton Street. The closest section of the outer wall has collapsed, and the bricks and other rubble have fallen onto the pavement in front. A boat which was being stored inside has toppled over and is now sticking out of the building.

Images, UC QuakeStudies

A photograph of a house on Glenarm Terrace in Dallington. The chimney fell off the roof during the September earthquake and the bricks are still lying on the ground. A tarpaulin has been placed over the top of the hole to prevent water damage inside the house. Ironically, it has been weighed down with bricks. Spring flowers can be seen in the garden.

Images, UC QuakeStudies

A photograph looking north across Tuam Street to Poplar Lane. Bricks from earthquake-damaged buildings litter the lane. A car parked on the left side of the lane has been crushed by falling bricks. To the left of the photograph a pile of rubble from Plume is sitting on the road. Behind this are two mannequins, still hanging in the store.

Images, UC QuakeStudies

A photograph of the earthquake-damage to St Paul's-Trinity-Pacific Church on Cashel Street. A large section of the left side of the building has collapsed and the rubble has scattered onto the footpath and street below. Scaffolding constructed up the left side has also collapsed. USAR codes have been spray-painted on the wall in front of the building.

Images, UC QuakeStudies

A photograph of several earthquake-damaged and partially-demolished buildings on Manchester Street near the intersection of Lichfield Street. To the right two emergency management personnel are taking photographs from the intersection. On the other side of the intersection there are several chairs, tables, and a couch under a red umbrella. Another member of an emergency management team is sitting on the couch.

Images, UC QuakeStudies

A photograph looking down south down Poplar Lane from the intersection of Lichfield Street. The lane is littered with bricks from the earthquake-damaged buildings above. A car parked on the right side of the lane has also been crushed by the falling bricks. Behind the car a message reading, 'Open your eyes. Life is beautiful', has been chalked on a brick wall.

Images, UC QuakeStudies

A photograph of several earthquake-damaged buildings on Lichfield Street. A section of the top storey of the building in the middle has collapsed. USAR codes have been spray-painted on the front door, columns, and windows of all of the buildings. A red sticker has also been stuck to the door of the closest building, indicating that it is unsafe to enter.

Images, UC QuakeStudies

A photograph looking west down Cashel Street from the intersection of Colombo Street. A member of the New Zealand Police is sitting on an armchair near the intersection. Behind him is a HireQuip generator. Several signs from nearby businesses are on his left and right. In the background there are large piles of rubble from earthquake-damaged buildings on the street.

Images, UC QuakeStudies

A photograph looking east down Dundas Street. Piles of twisted steel reinforcement have been placed on both sides of the street. Several earthquake-damaged cars, recovered from the Smiths City car park, have been stacked on the left. On the other side of the street is an excavator grapple and bucket. In the distance two excavators are sorting through the rubble.

Images, UC QuakeStudies

A photograph of emergency management personnel examining the back of a building on Tuam Street. Scaffolding has been constructed up the sides of the building and wire fencing has been placed around the back. To the right is a large pile of rubble from other earthquake-damaged buildings. Rubble is also piled up on the side of the road in the distance.

Images, UC QuakeStudies

A photograph of an earthquake-damaged building on the corner of Tuam and Colombo Streets. The brick wall on the top storey of the building has crumbled onto the footpath below and the windows on the bottom storey have been boarded up with plywood. Workers in a cherry picker and a crane-raised platform are working on the second storey. Wire fencing surrounds the building.

Images, UC QuakeStudies

Shoppers and tourists in the Re:Start mall. The photographer comments, "The new temporary city mall has been open in Christchurch now for a week. Buildings damaged in the earthquake have been demolished and replaced with cargo containers to create a new, temporary, Cashel Mall. I visited the mall yesterday and was quite impressed with what they have done. The cargo containers have been nicely converted, brightly painted and smartly branded to create some good looking stores".

Images, UC QuakeStudies

A photograph of an earthquake-damaged building on the corner of Tuam and Colombo Streets. The brick wall on the top storey of the building has crumbled onto the footpath below and the windows on the bottom storey have been boarded up with plywood. Workers in a cherry picker and a crane-raised platform are working on the second storey. Wire fencing surrounds the building.

Images, UC QuakeStudies

A photograph of the rubble of the Observatory tower in the South Quad of the Christchurch Arts Centre. The tower collapsed during the 22 February 2011 earthquake. A digger was used to clear the rubble away from the building. Scaffolding constructed around the tower has also collapsed and is amongst the rubble. In the background is the damaged tower with a tarpaulin draped over the top.

Images, UC QuakeStudies

A photograph of the rubble of the Observatory tower in the South Quad of the Christchurch Arts Centre. The tower collapsed during the 22 February 2011 earthquake and a digger was used to clear the rubble away from the building. Scaffolding constructed around the tower has also collapsed and is amongst the rubble. In the background is the damaged tower with a tarpaulin draped over the top.

Images, UC QuakeStudies

A photograph of the rubble from the demolished Domo furniture store on Tuam Street. In the background is the earthquake-damaged McKenzie & Willis store. The closest wall of the building has collapsed, exposing the inside of the building. Scaffolding has been constructed on the top floor in order to brace the ceiling. Shipping containers have been placed on the street in front of the building.

Images, UC QuakeStudies

A photograph of the earthquake damage to a group of shops on Colombo Street near the intersection of Kilmore Street. Large sections of the top storeys of the buildings have collapsed. Most of the bricks and other rubble have been cleared from the footpath. USAR codes have been spray-painted on many of the shops' windows. The closest store has been demolished and the rubble has been cleared away.

Images, UC QuakeStudies

A photograph of the earthquake damage to the Carlton Hotel on the corner of Bealey Avenue and Papanui Road. The walls along the western side of the building have crumbled, bricks spilling onto the footpath. Scaffolding and steel bracing has been erected up the side. Wire fencing has been placed around the building as a cordon. In the foreground, road cones line the street.

Images, UC QuakeStudies

Shoppers and tourists in the Re:Start mall. The photographer comments, "The new temporary city mall has been open in Christchurch now for a week. Buildings damaged in the earthquake have been demolished and replaced with cargo containers to create a new, temporary, Cashel Mall. I visited the mall yesterday and was quite impressed with what they have done. The cargo containers have been nicely converted, brightly painted and smartly branded to create some good looking stores".

Images, UC QuakeStudies

Shoppers and tourists in the Re:Start mall. The photographer comments, "The new temporary city mall has been open in Christchurch now for a week. Buildings damaged in the earthquake have been demolished and replaced with cargo containers to create a new, temporary, Cashel Mall. I visited the mall yesterday and was quite impressed with what they have done. The cargo containers have been nicely converted, brightly painted and smartly branded to create some good looking stores".

Images, UC QuakeStudies

Shoppers and tourists in the Re:Start mall. The photographer comments, "The new temporary city mall has been open in Christchurch now for a week. Buildings damaged in the earthquake have been demolished and replaced with cargo containers to create a new, temporary, Cashel Mall. I visited the mall yesterday and was quite impressed with what they have done. The cargo containers have been nicely converted, brightly painted and smartly branded to create some good looking stores".

Images, UC QuakeStudies

Shoppers and tourists in the Re:Start mall. The photographer comments, "The new temporary city mall has been open in Christchurch now for a week. Buildings damaged in the earthquake have been demolished and replaced with cargo containers to create a new, temporary, Cashel Mall. I visited the mall yesterday and was quite impressed with what they have done. The cargo containers have been nicely converted, brightly painted and smartly branded to create some good looking stores".