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Audio, Radio New Zealand

There have been dramatic scenes at the America's cup in Bermuda with Team New Zealand capsizing at the start of its second race of the day against the Bristish team Ben Ainslie Racing. Our America's Cup correspondent Todd Niall was at the Team New Zealand base. Transport Minister Simon Bridges has been caught trying to block an Official Information request for details about a proposed new 50 million dollar Auckland railway line. Kiwirail argued it was legally required to release the information, but the idea of releasing that information was making Mr Bridges 'extremely uncomfortable.' A man believed to be an Algerian student has attacked a police officer with a hammer outside Notre-Dame Cathedral in Paris. Our correspondent Peter Allen says there is still a heavy police presence. The Labour Party says the government is short changing the health sector to the tune of $2.3 billion. The party's leader Andrew Little says funding hasn't kept up with the growing population and changing demographic. The United States secretary of state Rex Tillerson used a fleeting visit to Wellington yesterday to emphasise the importance of the Asia Pacific region and denying the US is stepping back from involvement here. Foreign affairs minister Gerry Brownlee says the US pulling out of the TPP doesn't prove anything. The immediate aftermath of the devastating 2011 Christchurch earthquake and its ongoing impact on residents' mental health is being described as a recovery of two halves. The latest wellbeing survey from the Canterbury District Health Board shows that one in five people, predominantly those living in the eastern suburbs, say they experience stress most or all of the time. Nicky Wagner, the Minister supporting Greater Christchurch Regeneration, says the city has a good quality of life when compared to the rest of the country, despite a new survey showing one in five people say they experience stress most or all of the time. Ms Wagner, says 82 per cent have a good or very good quality of life in Christchurch, which compares with 81 percent nationwide. She says the east side of the city is very low lying and suffered the most damage and work is still being down in that area.

Research Papers, Lincoln University

As a result of the Christchurch Earthquake that occurred on 22nd February 2011 and the resultant loss of life and widespread damage, a Royal Commission of Enquiry was convened in April 2011. The Royal Commission recommended a number of significant changes to the regulation of earthquake prone building in New Zealand. Earthquake prone buildings are buildings that are deemed to be of insufficient strength to perform adequately in a moderate earthquake. In response to the Royal Commission recommendations the New Zealand Government carried out a consultative process before announcing proposed changes to the building regulations in August 2013. One of the most significant changes is the imposition of mandatory strengthening requirements for earthquake prone buildings on a national basis. This will have a significant impact on the urban fabric of most New Zealand towns and cities. The type of traditional cost benefit study carried out to date fails to measure these impacts and this paper proposes an alternative methodology based on the analysis of land use data and rating valuations. This methodology was developed and applied to a small provincial town in the form of a case study. The results of this case study and the methodology used are discussed in this paper.

Audio, Radio New Zealand

Questions to Ministers 1. Hon PHIL GOFF to the Prime Minister: In stating that "this Government introduced a balanced package of tax cuts" was he saying that his tax changes and the tax system are fair to all New Zealanders? 2. LOUISE UPSTON to the Minister of Finance: What will be the main objectives of Budget 2011 tomorrow? 3. Hon ANNETTE KING to the Prime Minister: When he said "in most cases the tax switch more than compensated people for the increase in GST", in which cases hadn't people been fully compensated? 4. JOHN BOSCAWEN to the Prime Minister: Does he stand by the statement he made in his post-Cabinet press conference on Monday that "Everyone needs to understand that what Don Brash is talking about is hardcore"; if so why? 5. Hon DAVID CUNLIFFE to the Minister of Finance: What is the total impact on the operating balance, over the forecast period, of the fiscal impact of the tax changes in Budget 2010 according to page 70 of the 2010 Budget and Economic Fiscal Update, and how does he reconcile that with the Prime Minister's statement in the House yesterday that "National's tax plan 2010…was fiscally neutral"? 6. ALLAN PEACHEY to the Minister of Corrections: What reports has she received about the first year of container units being used in New Zealand prisons? 7. RAHUI KATENE to the Minister for Communications and Information Technology: What was the motivation behind the decision to remove regulatory forbearance from the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill? 8. JACINDA ARDERN to the Minister for Canterbury Earthquake Recovery: Does he stand by the Prime Minister's statement in relation to Christchurch that "it looks like the residential rebuild alone will require up to 12,500 full-time workers", if not, how many full-time workers does he believe will now be needed? 9. Hon TAU HENARE to the Minister for Social Development and Employment: What recent announcements has she made to support community social services? 10. CLARE CURRAN to the Minister for Communications and Information Technology: What is the best estimate of the additional cost to the Crown of the change he announced to the ultrafast broadband network this morning? 11. TIM MACINDOE to the Minister of Housing: What recent announcements has he made regarding the Government's Housing Innovation Fund? 12. GARETH HUGHES to the Acting Minister of Energy and Resources: What is her response to the statement of leading scientist and NASA director Dr James Hansen, currently touring New Zealand, that "coal is the single greatest threat to civilisation and all life on our planet" and we should leave it in the ground?

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

One of the most controversial issues highlighted by the 2010-2011 Christchurch earthquake series and more recently the 2016 Kaikoura earthquake, has been the evident difficulty and lack of knowledge and guidelines for: a) evaluation of the residual capacity damaged buildings to sustain future aftershocks; b) selection and implementation of a series of reliable repairing techniques to bring back the structure to a condition substantially the same as prior to the earthquake; and c) predicting the cost (or cost-effectiveness) of such repair intervention, when compared to fully replacement costs while accounting for potential aftershocks in the near future. As a result of such complexity and uncertainty (i.e., risk), in combination with the possibility (unique in New Zealand when compared to most of the seismic-prone countries) to rely on financial support from the insurance companies, many modern buildings, in a number exceeding typical expectations from past experiences at an international level, have ended up being demolished. This has resulted in additional time and indirect losses prior to the full reconstruction, as well as in an increase in uncertainty on the actual relocation of the investment. This research project provides the main end-users and stakeholders (practitioner engineers, owners, local and government authorities, insurers, and regulatory agencies) with comprehensive evidence-based information to assess the residual capacity of damage reinforced concrete buildings, and to evaluate the feasibility of repairing techniques, in order to support their delicate decision-making process of repair vs. demolition or replacement. Literature review on effectiveness of epoxy injection repairs, as well as experimental tests on full-scale beam-column joints shows that repaired specimens have a reduced initial stiffness compared with the undamaged specimen, with no apparent strength reduction, sometimes exhibiting higher displacement ductility capacities. Although the bond between the steel and concrete is only partially restored, it still allows the repaired specimen to dissipate at least the same amount of hysteretic energy. Experimental tests on buildings subjected to earthquake loading demonstrate that even for severe damage levels, the ability of the epoxy injection to restore the initial stiffness of the structure is significant. Literature review on damage assessment and repair guidelines suggests that there is consensus within the international community that concrete elements with cracks less than 0.2 mm wide only require cosmetic repairs; epoxy injection repairs of cracks less and 2.0 mm wide and concrete patching of spalled cover concrete (i.e., minor to moderate damage) is an appropiate repair strategy; and for severe damaged components (e.g., cracks greater than 2.0 mm wide, crushing of the concrete core, buckling of the longitudinal reinforcement) local replacement of steel and/or concrete in addition to epoxy crack injection is more appropriate. In terms of expected cracking patterns, non-linear finite element investigations on well-designed reinforced concrete beam-to-column joints, have shown that lower number of cracks but with wider openings are expected to occur for larger compressive concrete strength, f’c, and lower reinforcement content, ρs. It was also observed that the tensile concrete strength, ft, strongly affects the expected cracking pattern in the beam-column joints, the latter being more uniformly distributed for lower ft values. Strain rate effects do not seem to play an important role on the cracking pattern. However, small variations in the cracking pattern were observed for low reinforcement content as it approaches to the minimum required as per NZS 3101:2006. Simple equations are proposed in this research project to relate the maximum and residual crack widths with the steel strain at peak displacement, with or without axial load. A literature review on fracture of reinforcing steel due to low-cycle fatigue, including recent research using steel manufactured per New Zealand standards is also presented. Experimental results describing the influence of the cyclic effect on the ultimate strain capacity of the steel are also discussed, and preliminary equations to account for that effect are proposed. A literature review on the current practice to assess the seismic residual capacity of structures is also presented. The various factors affecting the residual fatigue life at a component level (i.e., plastic hinge) of well-designed reinforced concrete frames are discussed, and equations to quantify each of them are proposed, as well as a methodology to incorporate them into a full displacement-based procedure for pre-earthquake and post-earthquake seismic assessment.