Valuing TSOs
Articles, UC QuakeStudies
A pdf copy of a resource list for third-sector organisations.
A pdf copy of a resource list for third-sector organisations.
A plan which identifies items that will define value for the programme of work and explain processes that will measure the achievement of value outcomes. The first version of this plan was produced on 6 September 2011.
A pdf copy of a post from the One Voice Te Reo Kotahi blog. The post is titled, "Valuing NGOs Project".
A pdf copy of a post from the One Voice Te Reo Kotahi blog. The post is titled, "Valuing TSOs Project update".
Christchurch council has asked its residents to tell it if earthquake repairs haven't been done so it can accurately assess their property's value.
Today we’re going back to Christchurch’s hinterland, this time to Kura Tāwhiti/Castle Hill, a place that’s still an important and valued part of the city’s surrounds. But in the interests of full disclosure, I feel like I should let you … Continue reading →
This article discusses the use of radio after major earthquakes in Christchurch, New Zealand, in 2010 and 2011. It draws on archival sources to retrospectively research post-quake audiences in the terms people used during and soon after the earthquakes through personal narratives and Twitter. Retrospective narratives of earthquake experiences affirm the value of radio for communicating the scale of disaster and comforting listeners during dislocation from safe home spaces. In the narratives radio is often compared with television, which signifies electricity supply and associated comfort but also visually confirms the city’s destruction. Twitter provides insights into radio use from within the disaster period, but its more global reach facilitates reflection on online and international radio from outside the disaster-affected area. This research demonstrates the value of archival audience research, and finds that the combination of online radio and Twitter enables a new form of participatory disaster spectatorship from afar.
A dramatic consequence of the Christchurch, New Zealand, earthquakes of 2010 and 2011 was the widespread liquefaction in the city. Part of the central business district (CBD) was badly affected by liquefaction but elsewhere large volumes of ejecta were not evident for those parts of the CBD where the upper layers in the soil profile are sandy gravel and gravelly sand. The purpose of the paper is to investigate the effect of the gravel permeability on the rise and dissipation of excess pore water pressure during cyclic loading of a soil profile idealised from Christchurch data. The Cyclic1D software, which performs one-dimensional non-linear effective stress site response analysis, was used. Permeability values associated with gravel were found to suppress the cyclic accumulation of excess pore water pressure in gravel layers. Given that there has not been any systematic measurement of the in situ permeability of the gravels in Christchurch, the modelling in the paper suggests that likely values for the bulk permeability of the gravel layers are within the range suggested in the geotechnical literature. However, the work reported is of wider application than Christchurch and emphasises the controlling influence of permeability on the accumulation and dissipation of cyclic pore pressures. VoR - Version of Record
Following the 22nd February 2011, Mw 6.2 earthquake located along a previously unknown fault beneath the Port Hills of Christchurch, surface cracking was identified in contour parallel locations within fill material at Quarry Road on the lower slopes of Mount Pleasant. GNS Science, in the role of advisor to the Christchurch City Council, concluded that these cracks were a part of a potential rotational mass movement (named zone 11A) within the fill and airfall loess material present. However, a lack of field evidence for slope instability and an absence of laboratory geotechnical data on which slope stability analysis was based, suggested this conclusion is potentially incorrect. It was hypothesised that ground cracking was in fact due to earthquake shaking, and not mass movement within the slope, thus forming the basis of this study. Three soil units were identified during surface and subsurface investigations at Quarry Road: fill derived from quarry operations in the adjacent St. Andrews Quarry (between 1893 and 1913), a buried topsoil, and underlying in-situ airfall loess. The fill material was identified by the presence of organic-rich topsoil “clods” that were irregular in both size (∼10 – 200 mm) and shape, with variable thicknesses of 1 – 10 m. Maximum thickness, as indicated by drill holes and geophysical survey lines, was identified below 6 Quarry Road and 7 The Brae where it is thought to infill a pre-existing gully formed in the underlying airfall loess. Bearing strength of the fill consistently exceeded 300 kPa ultimate below ∼500 mm depth. The buried topsoil was 200 – 300 mm thick, and normally displayed a lower bearing strength when encountered, but not below 300 kPa ultimate (3 – 11 blows per 100mm or ≥100 kPa allowable). In-situ airfall loess stood vertically in outcrop due to its characteristic high dry strength and also showed Scala penetrometer values of 6 – 20+ blows per 100 mm (450 – ≥1000 kPa ultimate). All soils were described as being moist to dry during subsurface investigations, with no groundwater table identified during any investigation into volcanic bedrock. In-situ moisture contents were established using bulk disturbed samples from hand augers and test pitting. Average moisture contents were low at 9% within the fill, 11 % within the buried topsoil, and 8% within the airfall loess: all were below the associated average plastic limit of 17, 15, and 16, respectively, determined during Atterberg limit analysis. Particle size distributions, identified using the sieve and pipette method, were similar between the three soil units with 11 – 20 % clay, 62 – 78 % silt, and 11 – 20 % fine sand. Using these results and the NZGS soil classification, the loess derived fill and in-situ airfall loess are termed SILT with some clay and sand, and the buried topsoil is SILT with minor clay and sand. Dispersivity of the units was found using the Emerson crumb test, which established that the fill can be non- to completely dispersive (score 0 – 4). The buried topsoil was always non-dispersive (score 0), and airfall loess completely dispersive (score 4). Values for cohesion (c) and internal friction angle (φ) of the three soil units were established using the direct shear box at field moisture contents. Results showed all soil units had high shear strengths at the moisture contents tested (c = 18 – 24 kPa and φ = 42 – 50°), with samples behaving in a brittle fashion. Moisture content was artificially increased to 16% within the buried topsoil, which reduced the shear strength (c = 10 kPa, φ = 18°) and allowed it to behave plastically. Observational information indicating stability at Quarry Road included: shallow, discontinuous, cracks that do not display vertical offset; no scarp features or compressional zones typical of landsliding; no tilted or deformed structures; no movement in inclinometers; no basal shear zone identified in logged core to 20 m depth; low field moisture contents; no groundwater table; and high soil strength using Scala penetrometers. Limit equilibrium analysis of the slope was conducted using Rocscience software Slide 5.0 to verify the slope stability identified by observational methods. Friction, cohesion, and density values determined during laboratory were input into the two slope models investigated. Results gave minimum static factor of safety values for translational (along buried topsoil) and rotational (in the fill) slides of 2.4 – 4.2. Sensitivity of the slope to reduced shear strength parameters was analysed using c = 10 kPa and φ = 18° for the translational buried topsoil plane, and a cohesion of 0 kPa within the fill for the rotational plane. The only situation that gave a factor of safety <1.0 was in nonengineered fill at 0.5 m depth. Pseudostatic analysis based on previous peak ground acceleration (PGA) values for the Canterbury Earthquake Sequence, and predicted PGAs for future Alpine Fault and Hope Fault earthquakes established minimum factor of safety values between 1.2 and 3.3. Yield acceleration PGAs were computed to be between 0.8g and 1.6g. Based on all information gathered, the cracking at Quarry Road is considered to be shallow deformation in response to earthquake shaking, and not due to deep-seated landsliding. It is recommended that the currently bare site be managed by smoothing the land, installing contour drainage, and bioremediation of the surface soils to reduce surface water infiltration and runoff. Extensive earthworks, including removal of the fill, are considered unnecessary. Any future replacement of housing would be subject to site-specific investigations, and careful foundation design based on those results.
A video of a keynote presentation by Dr Laurie Johnson, Project Scientist at the Pacific Earthquake Engineering Research Centre, at the 2016 Seismics in the City Conference. The presentation is titled, "The Trajectory of Post-disaster Recovery and Regeneration: Learning from other cities".The abstract for the presentation reads, "What does regeneration look like and how long does it take? A look at what we can learn about regeneration from other cities that have experienced disasters. An exploration of the innovation needed to fulfil the recovery vision, as well as the value of collaboration in the next five years."
A video of a presentation by Haydn Read, Programme Director of Smart City Coalition, at the 2016 Seismics in the City Conference. The presentation is titled, "Smart City/Choice City".The abstract for the presentation reads, "'We want to get to the point where people can get amazing information in real-time that helps them make choices about where to swim or what road to take' (Vicki Buck, Deputy Mayor of Christchurch). Real time information and feedback via the Internet of Things. The CCC is now part of Land Information New Zealand's (LINZ) Smart City coalition which aims to test the value of smart city concepts through a series of projects in Christchurch, Auckland, and Wellington."Note that due to technical issues, the final part of this presentation was not recorded.
The Canterbury region of New Zealand was shaken by major earthquakes on the 4th September 2010 and 22nd February 2011. The quakes caused 185 fatalities and extensive land, infrastructure and building damage, particularly in the Eastern suburbs of Christchurch city. Almost 450 ha of residential and public land was designated as a ‘Red Zone’ unsuitable for residential redevelopment because land damage was so significant, engineering solutions were uncertain, and repairs would be protracted. Subsequent demolition of all housing and infrastructure in the area has left a blank canvas of land stretching along the Avon River corridor from the CBD to the sea. Initially the Government’s official – but enormously controversial – position was that this land would be cleared and lie fallow until engineering solutions could be found that enabled residential redevelopment. This paper presents an application of a choice experiment (CE) that identified and assessed Christchurch residents’ preferences for different land use options of this Red Zone. Results demonstrated strong public support for the development of a recreational reserve comprising a unique natural environment with native fauna and flora, healthy wetlands and rivers, and recreational opportunities that align with this vision. By highlighting the value of a range of alternatives, the CE provided a platform for public participation and expanded the conversational terrain upon which redevelopment policy took place. We conclude the method has value for land use decision-making beyond the disaster recovery context.
The majority of current procedures used to deduce liquefaction potential of soils rely on empirical methods. These methods have been proven to work in the past, but these methods are known to overestimate the liquefaction potential in certain regions of Christchurch due to a whole range of factors, and the theoretical basis behind these methods cannot be explained scientifically. Critical state soil mechanics theory was chosen to provide an explanation for the soil's behaviour during the undrained shearing. Soils from two sites in Christchurch were characterised at regular intervals for the critical layers and tested for the critical state lines (CSL). Various models and relationships were then used to predict the CSL and compared with the actual CSL. However none of the methods used managed to predict the CSL accurately, and a separate Christchurch exclusive relationship was proposed. The resultant state parameter values could be obtained from shear-wave velocity plots and were then developed into cyclic resistance ratios (CRR). These were subsequently compared with cyclic stress ratios (CSR) from recent Christchurch earthquakes to obtain the factor of safety. This CSL-based approach was compared with other empirical methods and was shown to yield a favourable relationship with visual observations at the sites' locations following the earthquake.
A video of a presentation by Ian Campbell, Executive General Manager of the Stronger Christchurch Rebuild Team (SCIRT), during the third plenary of the 2016 People in Disasters Conference. The presentation is titled, "Putting People at the Heart of the Rebuild".The abstract for this presentation reads: On the face of it, the Stronger Christchurch Infrastructure Rebuild Team (SCIRT) is an organisation created to engineer and carry out approximately $2B of repairs to physical infrastructure over a 5-year period. Our workforce consists primarily of engineers and constructors who came from far and wide after the earthquakes to 'help fix Christchurch'. But it was not the technical challenges that drew them all here. It was the desire and ambition expressed in the SCIRT 'what we are here for' statement: 'to create resilient infrastructure that gives people security and confidence in the future of Christchurch'. For the team at SCIRT, people are at the heart of our rebuild programme. This is recognised in the intentional approach SCIRT takes to all aspects of its work. The presentation will touch upon how SCIRT communicated with communities affected by our work and how we planned and coordinated the programme to minimise the impacts, while maximising the value for both the affected communities and the taxpayers of New Zealand and rate payers of Christchurch funding it. The presentation will outline SCIRT's very intentional approach to supporting, developing, connecting, and enabling our people to perform, individually, and collectively, in the service of providing the best outcome for the people of Christchurch and New Zealand.
Creative temporary or transitional use of vacant urban open spaces is seldom foreseen in traditional urban planning and has historically been linked to economic or political disturbances. Christchurch, like most cities, has had a relatively small stock of vacant spaces throughout much of its history. This changed dramatically after an earthquake and several damaging aftershocks hit the city in 2010 and 2011; temporary uses emerged on post-earthquake sites that ran parallel to the “official” rebuild discourse and programmes of action. The paper examines a post-earthquake transitional community-initiated open space (CIOS) in central Christchurch. CIOS have been established by local community groups as bottom-up initiatives relying on financial sponsorship, agreements with local landowners who leave their land for temporary projects until they are ready to redevelop, and volunteers who build and maintain the spaces. The paper discusses bottom-up governance approaches in depth in a single temporary post-earthquake community garden project using the concepts of community resilience and social capital. The study analyses and highlights the evolution and actions of the facilitating community organisation (Greening the Rubble) and the impact of this on the project. It discusses key actors’ motivations and values, perceived benefits and challenges, and their current involvement with the garden. The paper concludes with observations and recommendations about the initiation of such projects and the challenges for those wishing to study ephemeral social recovery phenomena.
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.
A video of a presentation by Dr Erin Smith during the Community Resilience Stream of the 2016 People in Disasters Conference. The presentation is titled, "A Qualitative Study of Paramedic Duty to Treat During Disaster Response".The abstract for this presentation reads as follows: Disasters place unprecedented demands on emergency medical services and test paramedic personal commitment to the health care profession. Despite this challenge, legal guidelines, professional codes of ethics and ambulance service management guidelines are largely silent on the issue of professional obligations during disasters. They provide little to no guidance on what is expected of paramedics or how they ought to approach their duty to treat in the face of risk. This research explores how paramedics view their duty to treat during disasters. Reasons that may limit or override such a duty are examined. Understanding these issues is important in enabling paramedics to make informed and defensible decisions during disasters. The authors employed qualitative methods to gather Australian paramedic perspectives. Participants' views were analysed and organised according to three emerging themes: the scope of individual paramedic obligations, the role and obligations of ambulance services, and the broader ethical context. Our findings suggest that paramedic decisions around duty to treat will largely depend on their individual perception of risk and competing obligations. A reciprocal obligation is expected of paramedic employers. Ambulance services need to provide their employees with the best current information about risks in order to assist paramedics in making defensible decisions in difficult circumstances. Education plays a key role in providing paramedics with an understanding and appreciation of fundamental professional obligations by focusing attention on both the medical and ethical challenges involved with disaster response. Finally, codes of ethics might be useful, but ultimately paramedic decisions around professional obligations will largely depend on their individual risk assessment, perception of risk, and personal value systems.
A video of a presentation by Bridget Tehan and Sharon Tortonson during the Community and Social Recovery Stream of the 2016 People in Disasters Conference. The presentation is titled, "Community and Social Service Organisations in Emergencies and Disasters in Australia and New Zealand".The abstract for this presentation reads as follows: What happens when support services for issues such as mental health, foster care or homelessness are impacted by a disaster? What happens to their staff? What happens to their clients? The community sector is a unique, valuable and diverse component of Australasian economy and society. Through its significant numbers of employees and volunteers, its diversity, the range of service and advocacy programs it delivers, and the wide range of people it supports, it delivers value to communities and strengthens society. The community and social services sector builds resilience daily through services to aged care, child welfare and disability, domestic violence, housing and homelessness, and mental health care. The sector's role is particularly vital in assisting disadvantaged people and communities. For many, community sector organisations are their primary connection to the broader community and form the basis of their resilience to everyday adversity, as well as in times of crisis. However, community sector organisations are particularly vulnerable in a major emergency or disaster. Australian research shows that the most community sector organisations are highly vulnerable and unprepared for emergencies. This lack of preparedness can have impacts on service delivery, business continuity, and the wellbeing of clients. The consequences of major disruptions to the provision of social services to vulnerable people are serious and could be life-threatening in a disaster. This presentation will review the Victorian Council of Social Service (Australia) and Social Equity and Wellbeing Network (formerly the Christchurch Council of Social Services) records on the impacts of emergencies on community sector organisations, staff, and clients. From the discussion of records, recommendations will be presented that could improve the resilience of this crucial sector.
A video of a presentation by Dr Lesley Campbell during the Community and Social Recovery Stream of the 2016 People in Disasters Conference. The presentation is titled, "Canterbury Family Violence Collaboration: An innovative response to family violence following the Canterbury earthquakes - successes, challenges, and achievements".The abstract for this presentation reads as follows: Across a range of international jurisdictions there is growing evidence that shows a high prevalence of family violence, child abuse and sexual violence over a number of years following natural disasters (World Health Organisation, 2005). Such empirical findings were also reflected within the Canterbury region following the earthquake events in 2010 and 2011. For example, in the weekend following the September 2010 earthquake, Canterbury police reported a 53% increase in call-outs to family violence incidents. In 2012, Canterbury police investigated over 7,400 incidents involving family violence - approximately 19 incidents each day. Child, youth and family data also reflect an increase in family violence, with substantiated cases of abuse increasing markedly from 1,130 cases in 2009 to 1,650 cases in 2011. These numbers remain elevated. Challenging events like the Canterbury earthquakes highlight the importance of, and provide the catalyst for, strengthening connections with various communities of interest to explore new ways of responding to the complex issue of family violence. It was within this context that the Canterbury Family Violence Collaboration (Collaboration) emerged. Operating since 2012, the Collaboration now comprises 45 agencies from across governmental and non-governmental sectors. The Collaboration's value proposition is that it delivers system-wide responses to family violence that could not be achieved by any one agency. These responses are delivered within five strategic priority areas: housing, crisis response and intervention, prevention, youth, and staff learning and development. The purpose of this presentation is to describe the experiences of the collaborative effort and lessons learnt by the collaborative partners in the first three years after its establishment. It will explore the key successes and challenges of the collaborative effort, and outline the major results achieved - a unique contribution, in unique circumstances, to address family violence experienced by Canterbury people throughout the period of recovery and rebuild.
This thesis explores how social entrepreneurship develops following a crisis. A review of literature finds that despite more than 15 years of academic attention, a common definition of social entrepreneurship remains elusive, with the field lacking the unified framework to set it apart as a specialised field of study. There are a variety of different conceptualisations of how social entrepreneurship works, and what it aims to achieve. The New Zealand context for social entrepreneurship is explored, finding that it receives little attention from the government and education sectors, despite its enormous potential. A lack of readily available information on social entrepreneurship leads most studies to investigate it as a phenomenon, and given the unique context of this research, it follows suit. Following from several authors’ recommendations that social entrepreneurship be subjected to further exploration, this is an exploratory, inductive study. A multiple case study is used to explore how social entrepreneurship develops following a natural disaster, using the example of the February 2011 earthquake in Christchurch, New Zealand. With little existing theory in this research area, this method is used to provide interesting examples of how the natural disaster, recognised as a crisis, can lead to business formation. Findings revealed the crisis initially triggered an altruistic response from social entrepreneurs, leading them to develop newly highlighted opportunities that were related to fields in which they had existing skills and expertise. In the process of developing these opportunities, initial altruistic motivations faded, with a new focus on the pursuit of a social mission and aims for survival and growth. The social missions addressed broad issues, and while they did address the crisis to differing extents, they were not confined to addressing its consequences. A framework is presented to explain how social entrepreneurship functions, once triggered in response to crisis. This framework supports existing literature that depicts social entrepreneurship as a continuous process, and illustrates the effects of a crisis as the catalyst for social business formation. In the aftermath of a crisis, when resources are likely to be scarce, social entrepreneurs play a significant role in the recovery process and their contributions should be highly valued both by government and relevant disaster response bodies. Policies that support social entrepreneurs and their ventures should be considered in the same way as commercial ventures.
The Screw Driving Sounding (SDS) method developed in Japan is a relatively new insitu testing technique to characterise soft shallow sites, typically those required for residential house construction. An SDS machine drills a rod into the ground in several loading steps while the rod is continuously rotated. Several parameters, such as torque, load and speed of penetration, are recorded at every rotation of the rod. The SDS method has been introduced in New Zealand, and the results of its application for characterising local sites are discussed in this study. A total of 164 SDS tests were conducted in Christchurch, Wellington and Auckland to validate/adjust the methodologies originally developed based on the Japanese practice. Most of the tests were conducted at sites where cone penetration tests (CPT), standard penetration tests (SPT) and borehole logs were available; the comparison of SDS results with existing information showed that the SDS method has great potential as an in-situ testing method for classifying the soils. By compiling the SDS data from 3 different cities and comparing them with the borehole logs, a soil classification chart was generated for identifying the soil type based on SDS parameters. Also, a correlation between fines content and SDS parameters was developed and a procedure for estimating angle of internal friction of sand using SDS parameters was investigated. Furthermore, a correlation was made between the tip resistance of the CPT and the SDS data for different percentages of fines content. The relationship between the SPT N value and a SDS parameter was also proposed. This thesis also presents a methodology for identifying the liquefiable layers of soil using SDS data. SDS tests were performed in both liquefied and non-liquefied areas in Christchurch to find a representative parameter and relationship for predicting the liquefaction potential of soil. Plots were drawn of the cyclic shear stress ratios (CSR) induced by the earthquakes and the corresponding energy of penetration during SDS tests. By identifying liquefied or unliquefied layers using three different popular CPT-based methods, boundary lines corresponding to the various probabilities of liquefaction happening were developed for different ranges of fines contents using logistic regression analysis, these could then be used for estimating the liquefaction potential of soil directly from the SDS data. Finally, the drilling process involved in screw driving sounding was simulated using Abaqus software. Analysis results proved that the model successfully captured the drilling process of the SDS machine in sand. In addition, a chart to predict peak friction angles of sandy sites based on measured SDS parameters for various vertical effective stresses was formulated. As a simple, fast and economical test, the SDS method can be a reliable alternative insitu test for soil and site characterisation, especially for residential house construction.
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
This project was initiated by ENGEO Limited and KiwiRail Holdings Limited to assess the stability of Slovens Creek Viaduct (specifically its western abutment) and a 3km section of rail corridor between Slovens Creek Viaduct and Avoca on the Midland Line (MDL). Commonly known as the scenic TranzAlpine rail journey (through Arthurs Pass National Park) the MDL connects Greymouth to Christchurch via Rolleston, where the MDL meets the Main South Line into Christchurch. The project area is approximately 40km southeast of Arthurs Pass Township, in the eastern extension of the Castle Hill Basin which is part of the Waimakariri Catchment and Canterbury Foothills. The field area is underlain by Rakaia Terrane, which is part of the Torlesse Composite Terrane forming the basement rock unit for the field area. Cretaceous-Tertiary rocks of the Castle Hill Basin overlie the basement strata and record a transgression-regression sequence, as well as mid-Oligocene submarine volcanism. The stratigraphic sequence in the Castle Hill Basin, and its eastern extension to Avoca, comprises two formations of the Eyre group, the older Broken River Formation and the younger Iron Creek Formation. Deep marine Porter Group limestones, marls, and tuffs of Oligocene age succeed the Iron Creek Formation of the Eyre Group, and probably records the maximum of the transgression. The Enys Formation lies disconformably on the Porter Group and is overlain unconformably by Late Pleistocene glacifluvial and glacial deposits. The Tertiary strata in the Slovens-Avoca rail corridor are weak, and the clay-rich tuff derived from mid-Oligocene volcanism is particularly prone to slaking. Extensive mapping carried out for this project has identified that some 90 percent of the surface along the length of the Slovens-Avoca corridor has been subject to mass movement. The landslides of the Slovens-Avoca rail corridor are clearly younger than the Last Glaciation, and Slovens Creek has been downcutting, with associated faulting and uplift, to form the present day geomorphology of the rail corridor. Deep-seated landslides in the rail corridor extend to Slovens Creek, locally deflecting the stream course, and a generic ground failure model for the rail corridor has been developed. Exploratory geotechnical investigations, including core drilling, installation of an inclinometer and a piezometer, enabled the construction of a simple ground model and cross section for the Slovens Creek Viaduct western abutment. Limit-equilibrium and pseudo-static slope stability analyses using both circular and block critical slip surface search methods were applied to the ground model for the western abutment of Slovens Creek Viaduct. Piezometric and strength data obtained during laboratory testing of core material have been used to constrain the western abutment stability assessment for one representative section line (C-C’). Prior to pseudo-static sensitivity analyses peak ground acceleration (PGA) for various Ultimate Limit State (ULS) design return periods, defined by an equation given in NZS1170.5:2004, were calculated and have been used as a calibration technique to find and compare specific PGA values for pseudo-static analyses in the Slovens Creek Viaduct area. The main purpose has been to provide an indication of how railway infrastructure could be affected by seismic events of various return periods defined by ULS design standards for the area. Limit equilibrium circular slip surface search methods, both grid search and auto refine search, indicated the slope is stable with a FoS greater than 1.0 returned from each, although one particular surface returned the lowest FoS in each. This surface is in the lower portion of the slope, adjacent to Slovens Stream and northeast of the MDL. As expected, pseudo-static analyses returned a lower FoS overall when compared to limit equilibrium analyses. The PGA analyses suggest that partial ground failure at the Slovens Creek Viaduct western abutment could occur in a 1 in 25-year return period event within materials on the slower slope beyond the immediate rail corridor. A ULS (1 in 500-year) event in the Slovens Creek Viaduct area would likely produce a PGA of ~0.9g, and the effects on the western abutment and rail infrastructure would most likely be catastrophic. Observed ground conditions for the western abutment of the Slovens Creek Viaduct suggest there is no movement within the landslide at depth within the monitoring timeframe of this project (22 May 2015 – 4 August 2015). Slope stability monitoring is recommended to be continued in two parts: (1) the inclinometer in BH1 is to be monitored on a six monthly basis for one year following completion of this thesis, and then annually unless ground movements become evident; and (2) surface movement monitoring should be installed using a fixed datum on the stable eastern abutment. Long-term stability management strategies for the Slovens Creek Viaduct western abutment are dependent upon future observed changes and ongoing monitoring. Hazard and risk assessment using the KiwiRail Qualitative Risk Assessment Framework (QRA) is recommended, and if slope stability becomes problematic for operation of the Midland Line consideration should be given to deep slope drainage. In the event of a large magnitude or high PGA earthquake all monitoring should be reviewed.