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.
“One of the most basic and fundamental questions in urban master planning and building regulations is ‘how to secure common access to sun, light and fresh air?” (Stromann-Andersen & Sattrup, 2011). Daylighting and natural ventilation can have significant benefits in office buildings. Both of these ‘passive’ strategies have been found to reduce artificial lighting and air-conditioning energy consumption by as much as 80% (Ministry for the Environment, 2008); (Brager, et al., 2007). Access to daylight and fresh air can also be credited with improved occupant comfort and health, which can lead to a reduction of employee absenteeism and an increase of productivity (Sustainability Victoria, 2008). In the rebuild of Christchurch central city, following the earthquakes of 2010 and 2011, Cantabrians have expressed a desire for a low-rise, sustainable city, with open spaces and high performance buildings (Christchurch City Council, 2011). With over 80% of the central city being demolished, a unique opportunity to readdress urban form and create a city that provides all buildings with access to daylight and fresh air exists. But a major barrier to wide-spread adoption of passive buildings in New Zealand is their dependence on void space to deliver daylight and fresh air – void space which could otherwise be valuable built floor space. Currently, urban planning regulations in Christchurch prioritize density, allowing and even encouraging low performance compact buildings. Considering this issue of density, this thesis aimed to determine which urban form and building design changes would have the greatest effect on building performance in Central City Christchurch. The research proposed and parametrically tested modifications of the current compact urban form model, as well as passive building design elements. Proposed changes were assessed in three areas: energy consumption, indoor comfort and density. Three computer programs were used: EnergyPlus was the primary tool, simulating energy consumption and thermal comfort. Radiance/Daysim was used to provide robust daylighting calculations and analysis. UrbaWind enabled detailed consideration of the urban wind environment for reliable natural ventilation predictions. Results found that, through a porous urban form and utilization of daylight and fresh air via simple windows, energy consumption could be reduced as much as 50% in buildings. With automatic modulation of windows and lighting, thermal and visual comfort could be maintained naturally for the majority of the occupied year. Separation of buildings by as little as 2m enabled significant energy improvements while having only minimal impact on individual property and city densities. Findings indicated that with minor alterations to current urban planning laws, all buildings could have common access to daylight and fresh air, enabling them to operate naturally, increasing energy efficiency and resilience.
Sea level rise is one consequence of Earth’s changing climate. Century-long tide gauge records show that global-mean sea-level rise reached 11-16 cm during the twentieth century at a mean rate of 1.2 mm/y. Today, the average rate of global-mean sea-level rise is higher at 3-4 mm/y and is expected to increase in the future. This represents a hazard to low elevation coastal zones worldwide. Yet, before global sea level projections can be used to characterise future coastal flood hazard at a local scale, the effects of tectonics (and other processes) that drive vertical land motion (VLM) must be considered. VLM is defined as the vertical velocity (uplift or subsidence) of the solid surface with respect to the centre of Earth. In this study, new VLM maps are generated over coastal strips in New Zealand, using Sentinel-1 InSAR and GNSS data. In New Zealand, measuring VLM using InSAR on naturally vegetated or agricultural land is difficult due to signal decorrelation. Along the rural Bay of Plenty coastal strip, I use a persistent-scatterer approach to generate a VLM map from both east-looking ascending and west-looking descending Sentinel-1 data between 2015-2021. Using time-series data over the same time period from a dense network of 20 GNSS sensors, I tie InSAR-derived line-of-sight velocity to the 2014 ITRF reference frame. I test two different methods for measuring VLM and compare the results against GNSS vertical velocity along the Bay of Plenty coast. Best results are achieved by first removing the interpolated horizontal GNSS velocity field from each of the InSAR datasets, before averaging the two VLM estimates. Measured VLM is between -3 and 3 mm/y, with negative values (subsidence) occurring within the low-lying Rangitāiki Plain and Ōpōtiki valley, and uplift across the elevated region west of Matatā. This thesis integrates geomorphological, geological, and historical levelling VLM records with modern satellite datasets to assess VLM across timescales ranging from 10 to 100,000 years at Matatā. Uplift rate has been variable through time, with average uplift over the last 300,000 years of 1 mm/y, 4.5 mm/y since 1720 years, 2 mm/y between 1950-1978, and 10 mm/y between 2004-2011. Previous modelling has shown that the best fit to the 2004-2011 rapid uplift rates is an inflating magmatic source at ~10 km depth beneath Matatā. To reconcile all data, I present a VLM model that consists of short-lived periods (7 years) of rapid uplift (10 mm/y), separated by longer periods (30 years) of lower background uplift (3 mm/y). The episodic nature of VLM at Matatā likely reflects short-lived periods of magmatic intrusion. Episodic VLM characterised by large rates of uplift (10 mm/y) has been seen at Taupō volcano, and other volcanic centers globally. It has been 12 years since the end of the last intrusion episode; this modelling suggest one may expect to observe increased uplift rates at Matatā in the coming decades. Densely populated urban coastal strips are most at risk from the effects of relative sea-level rise. At the same time, anthropogenic activities associated with urbanization, such as groundwater withdrawal, and land reclamation can lead to local land subsidence (LLS), further exacerbating the risk to urban infrastructure. LLS refers to subsidence relative to nearby land area assumed to be stable. In this thesis, I create the first high-resolution (10 m) maps of LLS at six urban coastal strips in New Zealand, with a combined length of 285 km, using Sentinel-1 InSAR data between 2018-2021. This analysis reveals 89% of urban coastal strips are subsiding at rates of -0.5 mm/y or greater, and 11% is subsiding at higher rates of -3.0 mm/y or greater. On average, subsidence is -0.6 to -2.9 mm/y higher at the coastal strip, compared to inland areas occupied by GNSS stations. This analysis also documents highly-localised hotspots of LLS, with subsidence rates of up to -15 mm/y. In Christchurch, rapid and localised subsidence (-8 mm/y) is observed within coastal suburbs New Brighton and Southshore. In most cities, the highest subsidence rates occur on land reclaimed in the early-late twentieth century, and in areas built on Holocene sediment. Time-series analysis of LLS at sites of reclaimed land shows both linear and non-linear rates of deformation over time periods of up to 6-8 years. This thesis highlights the variable exposure to relative sea-level rise of New Zealand coastal strips, and demonstrates that in many cases current rates of VLM should be expected to continue for the next few decades.
Environmental stress and disturbance can affect the structure and functioning of marine ecosystems by altering their physical, chemical and biological features. In estuaries, benthic invertebrate communities play important roles in structuring sediments, influencing primary production and biogeochemical flux, and occupying key food web positions. Stress and disturbance can reduce species diversity, richness and abundance, with ecological theory predicting that biodiversity will be at its lowest soon after a disturbance with assemblages dominated by opportunistic species. The Avon-Heathcote Estuary in Christchurch New Zealand has provided a novel opportunity to examine the effects of stress, in the form of eutrophication, and disturbance, in the form of cataclysmic earthquake events, on the structure and functioning of an estuarine ecosystem. For more than 50 years, large quantities (up to 500,000m3/day) of treated wastewater were released into this estuary but in March 2010 this was diverted to an ocean outfall, thereby reducing the nutrient loading by around 90% to the estuary. This study was therefore initially focussed on the reversal of eutrophication and consequent effects on food web structure in the estuary as it responded to lower nutrients. In 2011, however, Christchurch was struck with a series of large earthquakes that greatly changed the estuary. Massive amounts of liquefied sediments, covering up to 65% of the estuary floor, were forced up from deep below the estuary, the estuary was tilted by up to a 50cm rise on one side and a corresponding drop on the other, and large quantities of raw sewage from broken wastewater infrastructure entered the estuary for up to nine months. This study was therefore a test of the potentially synergistic effects of nutrient reduction and earthquake disturbance on invertebrate communities, associated habitats and food web dynamics. Because there was considerable site-to-site heterogeneity in the estuary, the sites in this study were selected to represent a eutrophication gradient from relatively “clean” (where the influence of tidal flows was high) to highly impacted (near the historical discharge site). The study was structured around these sites, with components before the wastewater diversion, after the diversion but before the earthquakes, and after the earthquakes. The eutrophication gradient was reflected in the composition and isotopic chemistry of primary producer and invertebrate communities and the characteristics of sediments across the sample sites. Sites closest to the former wastewater discharge pipe were the most eutrophic and had cohesive organic -rich, fine sediments and relatively depauperate communities dominated by the opportunistic taxa Capitellidae. The less-impacted sites had coarser, sandier sediments with fewer pollutants and far less organic matter than at the eutrophic sites, relatively high diversity and lower abundances of micro- and macro-algae. Sewage-derived nitrogen had became incorporated into the estuarine food web at the eutrophic sites, starting at the base of the food chain with benthic microalgae (BMA), which were found to use mostly sediment-derived nitrogen. Stable isotopic analysis showed that δ13C and δ15N values of most food sources and consumers varied spatially, temporally and in relation to the diversion of wastewater, whereas the earthquakes did not appear to affect the overall estuarine food web structure. This was seen particularly at the most eutrophic site, where isotopic signatures became more similar to the cleaner sites over two-and-a-half years after the diversion. New sediments (liquefaction) produced by the earthquakes were found to be coarser, have lower concentrations of heavy metals and less organic matter than old (existing) sediments. They also had fewer macroinvertebrate inhabitants initially after the earthquakes but most areas recovered to pre-earthquake abundance and diversity within two years. Field experiments showed that there were higher amounts of primary production and lower amounts of nutrient efflux from new sediments at the eutrophic sites after the earthquakes. Primary production was highest in new sediments due to the increased photosynthetic efficiency of BMA resulting from the increased permeability of new sediments allowing increased light penetration, enhanced vertical migration of BMA and the enhanced transport of oxygen and nutrients. The reduced efflux of NH4-N in new sediments indicated that the capping of a large portion of eutrophic old sediments with new sediments had reduced the release of legacy nutrients (originating from the historical discharge) from the sediments to the overlying water. Laboratory experiments using an array of species and old and new sediments showed that invertebrates altered levels of primary production and nutrient flux but effects varied among species. The mud snail Amphibola crenata and mud crab Austrohelice crassa were found to reduce primary production and BMA biomass through the consumption of BMA (both species) and its burial from bioturbation and the construction of burrows (Austrohelice). In contrast, the cockle Austrovenus stutchburyi did not significantly affect primary production and BMA biomass. These results show that changes in the structure of invertebrate communities resulting from disturbances can also have consequences for the functioning of the system. The major conclusions of this study were that the wastewater diversion had a major effect on food web dynamics and that the large quantities of clean and unpolluted new sediments introduced to the estuary during the earthquakes altered the recovery trajectory of the estuary, accelerating it at least throughout the duration of this study. This was largely through the ‘capping’ effect of the new liquefied, coarser-grained sediments as they dissipated across the estuary and covered much of the old organic-rich eutrophic sediments. For all aspects of this study, the largest changes occurred at the most eutrophic sites; however, the surrounding habitats were important as they provided the context for recovery of the estuary, particularly because of the very strong influence of sediments, their biogeochemistry, microalgal and macroalgal dynamics. There have been few studies documenting system level responses to eutrophication amelioration and to the best on my knowledge there are no other published studies examining the impacts of large earthquakes on benthic communities in an estuarine ecosystem. This research gives valuable insight and advancements in the scientific understanding of the effects that eutrophication recovery and large-scale disturbances can have on the ecology of a soft-sediment ecosystem.
Mixed conifer, beech and hardwood forests are relatively common in Aotearoa/New Zealand, but are not well studied. This thesis investigates the coexistence, regeneration dynamics and disturbance history of a mixed species forest across an environmental gradient of drainage and soil development in north Westland. The aim was to investigate whether conifers, beech and non-beech hardwood species were able to coexist on surfaces that differed in their underlying edaphic conditions, and if so to understand the mechanisms that influenced their regeneration on both poorly drained and well drained soils. The site selected was an area of high tree species diversity on a lowland 0.8 km² post-glacial terrace at the base of Mount Harata in the Grey River Valley. My approach was to use forest stand history reconstruction at two spatial scales: an intensive within-plot study of stand dynamics (chapter 1) and a whole-landform approach (chapter 2) that examined whether the dynamics identified at the smaller within-plot scale reflected larger patterns across the terrace. In chapter 1, three large permanent plots (0.3-0.7 ha) were placed at different points along the drainage gradient, one plot situated in each of the mainly well-drained, poorly drained and very poorly drained areas along the terrace. Information was gathered on species age and size structures, spatial distributions of tree ages, species interactions, microsite establishment preferences, patterns of stand mortality, and disturbance history in each plot. There were differences in stand structure, composition and relative abundance of species found between the well drained plot and the two poorer drained plots. On the well drained site conifers were scarce, the beeches Nothofagus fusca and N. menziesii dominated the canopy, and in the subcanopy the hardwood species Weinmannia racemosa and Quintinia acutifolia were abundant. As drainage became progressively poorer, the conifers Dacrydium cupressinum and Dacrycarpus dacrydioides became more abundant and occupied the emergent tier over a beech canopy. The hardwoods W. racemosa and Q. acutifolia became gradually less abundant in the subcanopy, whereas the hardwood Elaeocarpus hookerianus became more so. In the well drained plot, gap partitioning for light between beeches and hardwoods enabled coexistence in response to a range of different sized openings resulting from disturbances of different extent. In the two more poorly drained plots, species also coexisted by partitioning microsite establishment sites according to drainage. There were several distinct periods where synchronous establishment of different species occurred in different plots, suggesting there were large disturbances: c. 100yrs, 190-200 yrs, 275-300 yrs and 375-425 yrs ago. Generally after the same disturbance, different species regenerated in different plots reflecting the underlying drainage gradient. However, at the same site after different disturbances, different sets of species regenerated, suggesting the type and extent of disturbances and the conditions left behind influenced species regeneration at some times but not others. The regeneration of some species (e.g., N. fusca in the well-drained plot, and Dacrydium in the poorer drained plots) was periodic and appeared to be closely linked to these events. In the intervals between these disturbances, less extensive disturbances resulted in the more frequent N. menziesii and especially hardwood regeneration. The type of tree death caused by different disturbances favoured different species, with dead standing tree death favouring the more shade-tolerant N. menziesii and hardwoods, whereas uprooting created a mosaic of microsite conditions and larger gap sizes that enabled Dacrycarpus, N. fusca and E. hookerianus to maintain themselves in the poorly drained areas. In chapter 2, 10 circular plots (c. 0.12 ha) were placed in well drained areas and 10 circular plots (c. 0.2 ha) in poorly drained plots to collect information on species population structures and microsite preferences. The aims were to reconstruct species' regeneration responses to a range of disturbances of different type and extent across the whole terrace, and to examine whether there were important differences in the effects of these disturbances. At this landform scale, the composition and relative abundances of species across the drainage gradient reflected those found in chapter 1. There were few scattered conifers in well drained areas, despite many potential regeneration opportunities created from a range of different stand destroying and smaller scale disturbances. Three of the four periods identified in chapter 1 reflected distinct terrace-wide periods of regeneration 75-100 yrs, 200-275 yrs and 350-450 yrs ago, providing strong evidence of periodic large, infrequent disturbances that occurred at intervals of 100-200 yrs. These large, infrequent disturbances have had a substantial influence in determining forest history, and have had long term effects on forest structure and successional processes. Different large, infrequent disturbances had different effects across the terrace, with the variability in conditions that resulted enabling different species to regenerate at different times. For example, the regeneration of distinct even-aged Dacrydium cohorts in poorly drained areas was linked to historical Alpine Fault earthquakes, but not to more recent storms. The variation in the intensity of different large, infrequent disturbances at different points along the environmental drainage gradient, was a key factor influencing the scale of impacts. In effect, the underlying edaphic conditions influenced species composition along the drainage gradient and disturbance history regulated the relative abundances of species. The results presented here further emphasise the importance of large scale disturbances as a mechanism that allows coexistence of different tree species in mixed forest, in particular for the conifers Dacrydium, Dacrycarpus and the beech N. fusca, by creating much of the environmental variation to which these species responded. This study adds to our understanding of the effects of historical earthquakes in the relatively complex forests of north Westland, and further illustrates their importance in the Westland forest landscape as the major influential disturbance on forest pattern and history. These results also further develop the 'two-component' model used to describe conifer/angiosperm dynamics, by identifying qualitative differences in the impacts of different large, infrequent disturbances across an environmental gradient that allowed for coexistence of different species. In poorer drained areas, these forests may even be thought of as 'three-component' systems with conifers, beeches and hardwoods exhibiting key differences in their regeneration patterns after disturbances of different type and extent, and in their microsite preferences.