RESEARCHERS
SEEK FIRMER
FOOTING FOR
‘DISASTER LAW’
Major quake
aftershocks
are not all
seismic;
they include
legal, health, economic and social
consequences that have previously
come as a shock, according to two
University of Canterbury law experts
looking at Wellington’s situation.
Considerable effort and resources
are being channelled into creating
a more resilient Wellington in the
aftermath of the Christchurch and
Kaikoura earthquakes. Lessons are
being learned.
Two Associate Investigators of
QuakeCoRE, the New Zealand
Centre for Excellence in Seismic
Resilience, at the University of
Canterbury (UC) are members of the
study Regulating for Resilience in
an Earthquake Vulnerable City: the
Wellington case.
UC Law Professor John Hopkins
and UC Law Lecturer Dr Toni Collins
found many unexpected legal
issues. The law is not always clear
and this can adversely affect people
working to recover after a major
disaster. Law reform is needed.
Their QuakeCoRE-funded project,
Addressing Wellington Multi-Story
Existing Buildings – Regulatory
Solutions for Addressing
Earthquake Vulnerable Commercial
Buildings, poses the question: How
do we regulate to make Wellington
more resilient?
The interdisciplinary project, to
be completed by the end of 2020,
began with engineering, then social
sciences, and now law.
“We’re mapping law around
resilience and looking for methods
to improve things for businesses
and residents. Our focus is on multistory
buildings. We tend to consider
whether a building is earthquakevulnerable
rather than earthquakeprone,”
says Professor Hopkins.
“Law and Disasters is a new legal
speciality in New Zealand. After the
Christchurch quakes there was a lot
of legal confusion which affected
people’s ability to be resilient.
The problem for Wellington is the
existing buildings. We ask people:
‘Where do you want to be on the day
after the disaster?’ We need to set
up structures and incentives to get
us to where we want to be,” he says.
“People are not always aware
of the rules and vulnerability of
their buildings. They think that by
signing a lease they are signing up
to a ‘safe’ building. Unfortunately,
when buildings are assessed those
buildings have not always had their
non-structural elements included in
the process, such as windows and
décor.”
An example of the issues at play
can be seen in the recent decision
to suddenly close the Wellington
Central Library because it was felt
that people’s safety there could no
longer be guaranteed when another
earthquake hits. A decision to fix or
demolish will need to be made and
this will have multiple repercussions.
Other buildings in that vicinity may
be affected, as well as residents.
Dr Collins’ research focuses on
the problems for commercial
tenants and landlords after quakes,
especially involving the central
business district and the use
of cordons, which stop people
accessing dangerous buildings and
other areas that may pose a risk to
the public.
“How do we cordon the central
business district in a way that
will keep Wellington accessible
and operational? What powers
are required to do that and what
happens when a state of emergency
lapses? How do we protect the
disabled, the elderly and children
who also use the city. It’s important
to be able to model what can be
expected for particular groups?”
says Dr Collins.
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