We examine the role of business interruption insurance in business recovery following the Christchurch earthquake in 2011 in the short- and medium-term. In the short-term analysis, we ask whether insurance increases the likelihood of business survival in the aftermath of a disaster. We find only weak evidence that those firms that had incurred damage, but were covered by business interruption insurance, had higher likelihood of survival post-quake compared with those firms that did not have insurance. This absence of evidence may reflect the high degree of uncertainty in the months following the 2011 earthquake and the multiplicity of severe aftershocks. For the medium-term, our results show a more explicit role for insurance in the aftermath of a disaster. Firms with business interruption insurance have a higher probability of increasing productivity and improved performance following a catastrophe. Furthermore, our results show that those organisations that receive prompt and full payments of their claims have a better recovery, in terms of profitability and a subjective ‘”better off” measure’ than those that had protracted or inadequate claim payments (less than 80% of the claim paid within 2.5 years). Interestingly, the latter group does worse than those organisations that had damage but no insurance coverage. This analysis strongly indicates the importance not only of good insurance coverage, but of an insurance system that also delivers prompt claim payments. As a first paper attempting to empirically identify a causal effect of insurance on business recovery, we also emphasize some caveats to our analysis.
The 2015 New Zealand strong-motion database provides a wealth of new strong motion data for engineering applications. An important component of this database is the compilation of new site metadata, describing the soil conditions and site response at GeoNet strong motion stations. We have assessed and compiled four key site parameters for the ~460 GeoNet stations that recorded significant historical ground motions. Parameters include: site classification (NZS1170.5), Vs30, fundamental site period (Tsite) and depth to bedrock (Z1.0, i.e. depth to material with Vs > 1000 m/s). In addition, we have assigned a quality estimate (Quality 1 – 3) to these parameters to provide a qualitative estimate of the uncertainty. New highquality Tsite estimates have largely been obtained from newly available HVSR amplification curves and spectral ratios from inversion of regional strong motion data that has been reconciled with available geological information. Good quality Vs30 estimates, typically in urban centres, have also been incorporated following recent studies. Where site-specific measurements of Vs30 are not available, Vs30 is estimated based on surface geology following national Vs30 maps. New Z1.0 values have been provided from 3D subsurface models for Canterbury and Wellington. This database will be used in efforts to guide development and testing of new and existing ground motion prediction models in New Zealand. In particular, it will allow reexamination of the most important site parameters that control and predict site response in a New Zealand setting. Furthermore, it can be used to provide information about suitable rock reference sites for seismological research, and as a guide to site-specific references in the literature. We discuss compilation of the database, preliminary insights so far, and future directions.
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.
