The Commissioner of the Christchurch Constabulary Department, Robert Clarke Shearman, was undeterred. He saw Little River, a pivotal stop between Akaroa and the plains, as a prime location for figh…
This thesis focuses on the role of legal preparedness for managing large-scale urban disasters in Aotearoa New Zealand. It uses the Auckland Volcanic Field as a case study to answer the question: ‘is New Zealand’s current legal framework prepared to respond to and recover from a large-scale urban disaster?’. The Auckland Volcanic Field was chosen as the main case study because a future eruption is a low likelihood, high-impact event that New Zealand is going to have to manage in the future. Case studies are a key feature of this thesis as both New Zealand based and overseas examples are used to explore the role of legal preparedness by identifying and investigating a range of legal issues that need to be addressed in advance of a future Auckland Volcanic Field eruption. Of particular interest is the impact of legal preparedness for the recovery phase. The New Zealand case studies include; Canterbury earthquake sequence 2010-2011, the Kaikōura earthquake 2016, the Auckland flooding 2018, and the North Island Severe Weather event 2023, which encompasses both the Auckland Anniversary weekend flooding and Cyclone Gabrielle. As New Zealand has not experienced a large-scale urban volcanic eruption, overseas examples are explored to provide insights into the legal issues that are volcano specific. The overseas volcanic case studies cover eruptions in Heimaey (Iceland), the Soufrière Hills (Montserrat and the Grenadines), La Soufrière (St Vincent) and Tungurahua (Ecuador). New Zealand’s past experiences highlight a trend for introducing post-event legal frameworks to manage recovery. Consequently, the current disaster management system is not prioritising legal preparedness and instead is choosing to rely on exceptional powers. Unsurprisingly, the introduction of new post-event recovery frameworks has repercussions. In New Zealand, new post-event legal frameworks are introduced swiftly under urgency, they contain broad unstructured decision-making powers, and are often flawed. As these exceptional new frameworks sit outside the ‘normal’ legal frameworks, they in effect create a parallel “shadow system”. Based on the evidence explored in this thesis it does not appear that Auckland’s current disaster management framework is prepared to deal with a large-scale urban event caused by an Auckland Volcanic Field eruption. Following this conclusion, it is the submission of this thesis that New Zealand’s current legal framework is not prepared to respond to and recover from a large-scale urban disaster. To become legally prepared, New Zealand needs to consider the legal tools required to manage large-scale urban disasters in advance. This will prevent the creation of a legal vacuum in the aftermath of disasters and the need for new recovery frameworks. Adopting a new attitude will require a change in approach towards legal preparedness which prioritises it, rather than sidelining it. This may also require changes within New Zealand’s disaster management system including the introduction of a formal monitoring mechanism, which will support and prioritise legal preparedness. This thesis has shown that not legally preparing for future disasters is a choice which carries significant consequences. None of these consequences are inevitable when managing large-scale disasters, however they are inevitable when frameworks are not legally prepared in advance. To not legally prepare, is to prepare to fail and thus create a disaster by choice.
The research presented in this thesis investigated the environmental impacts of structural design decisions across the life of buildings located in seismic regions. In particular, the impacts of expected earthquake damage were incorporated into a traditional life cycle assessment (LCA) using a probabilistic method, and links between sustainable and resilient design were established for a range of case-study buildings designed for different seismic performance objectives. These links were quantified using a metric herein referred to as the seismic carbon risk, which represents the expected environmental impacts and resource use indicators associated with earthquake damage during buildings’ life. The research was broken into three distinct parts: (1) a city-level evaluation of the environmental impacts of demolitions following the 2010/2011 Canterbury earthquake sequence in New Zealand, (2) the development of a probabilistic framework to incorporate earthquake damage into LCA, and (3) using case-study buildings to establish links between sustainable and resilient design. The first phase of the research focused on the environmental impacts of demolitions in Christchurch, New Zealand following the 2010/2011 Canterbury Earthquake Sequence. This large case study was used to investigate the environmental impact of the demolition of concrete buildings considering the embodied carbon and waste stream distribution. The embodied carbon was considered here as kilograms of CO2 equivalent that occurs on production, construction, and waste management stage. The results clearly demonstrated the significant environmental impacts that can result from moderate and large earthquakes in urban areas, and the importance of including environmental considerations when making post-earthquake demolition decisions. The next phase of the work introduced a framework for incorporating the impacts of expected earthquake damage based on a probabilistic approach into traditional LCA to allow for a comparison of seismic design decisions using a carbon lens. Here, in addition to initial construction impacts, the seismic carbon risk was quantified, including the impacts of seismic repair activities and total loss scenarios assuming reconstruction in case of non-reparability. A process-based LCA was performed to obtain the environmental consequence functions associated with structural and non-structural repair activities for multiple environmental indicators. In the final phase of the work, multiple case-study buildings were used to investigate the seismic consequences of different structural design decisions for buildings in seismic regions. Here, two case-study buildings were designed to multiple performance objectives, and the upfront carbon costs, and well as the seismic carbon risk across the building life were compared. The buildings were evaluated using the framework established in phase 2, and the results demonstrated that the seismic carbon risk can significantly be reduced with only minimal changes to the upfront carbon for buildings designed for a higher base shear or with seismic protective systems. This provided valuable insight into the links between resilient and sustainable design decisions. Finally, the results and observations from the work across the three phases of research described above were used to inform a discussion on important assumptions and topics that need to be considered when quantifying the environmental impacts of earthquake damage on buildings. These include: selection of a non-repairable threshold (e.g. a value beyond which a building would be demolished rather than repaired), the time value of carbon (e.g. when in the building life the carbon is released), the changing carbon intensity of structural materials over time, and the consideration of deterministic vs. probabilistic results. Each of these topics was explored in some detail to provide a clear pathway for future work in this area.