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Images for New Zealand. Earthquake Commission; more images...

Images, UC QuakeStudies

Attendees of the 2011 United States New Zealand Partnership Forum conferring with a member of the Earthquake Commission outside the Christchurch Art Gallery. In the background, members of Civil Defence have gathered after an aftershock hit during one of their briefings. The Christchurch Art Gallery served as the headquarters for Civil Defence after the 22 February 2011 earthquake.

Images, UC QuakeStudies

A photograph of street art on the wall of a building on Colombo Street. The artwork is by Otis Frizzell and depicts police officer Constable Nao Yoshimizu comforting the grieving relative of an earthquake victim. Constable Yoshimizu acted as liaison officer for the families of Japanese victims of the earthquake. The mural was commissioned by the New Zealand Police as a recruitment advertisement.

Images, UC QuakeStudies

A poster created by Empowered Christchurch to advertise their submission to the CERA Draft Transition Recovery Plan on social media.The poster reads, "Submission, CERA Draft Transition Recovery Plan. Seismic Risk. One thing we can learn from the past is that seismic risk in Canterbury has been underestimated before the earthquakes struck. This is confirmed in a report for EQC in 1991 (paper 2005). It is also the conclusion of the Royal Commission in the CTV report. A number of recommendations have been made but not followed. For example, neither the AS/NZS 1170.5 standard nor the New Zealand Geotechnical Society guidelines have been updated. Yet another recovery instrument is the Earthquake Prone Building Act, which is still to be passed by Parliament. As the emergency response part of the recovery is now behind us, we need to ensure sustainability for what lies ahead. We need a city that is driven by the people that live in it, and enabled by a bureaucracy that accepts and mitigates risks, rather than transferring them to the most vulnerable residents."

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, The University of Auckland Library

Following the 2010–2011 Canterbury earthquakes, a renewed focus has been directed across New Zealand to the hazard posed by the country‘s earthquake-vulnerable buildings, namely unreinforced masonry (URM) and reinforced concrete (RC) buildings with potentially nonductile components that have historically performed poorly in large earthquakes. The research reported herein was pursued with the intention of addressing several recommendations made by the Canterbury Earthquakes Royal Commission of Inquiry which were classified into the following general categories:  Identification and provisional vulnerability assessment of URM and RC buildings and building components;  Testing, assessment, and retrofitting of URM walls loaded out-of-plane, with a particular focus on highly vulnerable URM cavity walls;  Testing and assessment of RC frame components, especially those with presumably non-ductile reinforcement detailing;  Portfolio management considering risks, regulations, and potential costs for a portfolio that includes several potentially earthquake-vulnerable buildings; and  Ongoing investigations and proposed research needs. While the findings from the reported research have implications for seismic assessments of buildings across New Zealand and elsewhere, an emphasis was placed on Auckland given this research program‘s partnership with the Auckland Council, the Auckland region accounting for about a third each of the country‘s population and economic production, and the number and variety of buildings within the Auckland building stock. An additional evaluation of a historic building stock was carried out for select buildings located in Hawke‘s Bay, and additional experimental testing was carried out for select buildings located in Hawke‘s Bay and Christchurch.

Research papers, University of Canterbury Library

Buildings subject to earthquake shaking will tend to move not only horizontally but also rotate in plan. In-plan rotation is known as “building torsion” and it may occur for a variety of reasons, including stiffness and strength eccentricity and/or torsional effects from ground motions. Methods to consider torsion in structural design standards generally involve analysis of the structure in its elastic state. This is despite the fact that the structural elements can yield, thereby significantly altering the building response and the structural element demands. If demands become too large, the structure may collapse. While a number of studies have been conducted into the behavior of structures considering inelastic building torsion, there appears to be no consensus that one method is better than another and as a result, provisions within current design standards have not adopted recent proposals in the literature. However, the Canterbury Earthquakes Royal Commission recently made the recommendation that provisions to account for inelastic torsional response of buildings be introduced within New Zealand building standards. Consequently, this study examines how and to what extent the torsional response due to system eccentricity may affect the seismic performance of a building and considers what a simple design method should account for. It is concluded that new methods should be simple, be applicable to both the elastic and inelastic range of response, consider bidirectional excitation and include guidance for multi-story systems.