Staying in the red zones Monitoring human rights in the Canterbury earthquake recovery Te manawaroa ki te pae whero Whakaora rü whenua Waitaha he aroturuki tika tangata A report by the New Zealand Human Rights Commission about the people living or owning vacant land in the residential red zones in mid-2015 He aha te mea nui o te ao? He tangata, he tangata, he tangata What is the most important thing in the world? It is the people, it is the people, it is the people Brooklands community farewell event, 9 September, 2012. Staying in the red zones Monitoring human rights in the Canterbury earthquake recovery Te manawaroa ki te pae whero Whakaora rü whenua Waitaha he aroturuki tika tangata A report by the New Zealand Human Rights Commission about the people living or owning vacant land in the residential red zones in mid-2015 October 2016 Dr Margaret MacDonald Dr Sally Carlton Senior Human Rights Specialist Human Rights Specialist New Zealand Human Rights Commission Contact Human Rights Commission InfoLine Office of Human Rights Proceedings 0800 496 877 (toll free) Te Tari Whakatau Take Tika Tangata Fax 09 377 3593 (attn: InfoLine) Email [email protected] Email [email protected] PO Box 6751, Wellesley Street, TXT 0210 236 4253 Auckland 1141 www.hrc.co.nz Language Line and NZ Sign Language interpreters available If you have a hearing or speech impairment, you can contact the HRC using the New Zealand Relay Service. NZ Relay is a telecommunications service and all calls are confidential. www.nzrelay.co.nz Tämaki Makaurau � Auckland Level 7, AIG Building 41 Shortland Street, Auckland 1010 PO Box 6751, Wellesley Street Tämaki Makaurau Auckland 1141 Waea Telephone 09 309 0874 Te Whanganui ä Tara � Wellington Level 8, Vector Building 44-52 The Terrace PO Box 12411, Thorndon Te Whanganui ä Tara Wellington 6144 Waea Telephone 04 473 9981 Ötautahi � Christchurch Level 1, BNZ Centre 120 Hereford Street Christchurch 8011 Waea Telephone 03 379 2015 ISBN: 978-0-478-35656-4 (Print) ISBN: 978-0-478-35657-1 (Online) Published October 2016 Auckland, Aotearoa New Zealand All photographs © Margaret MacDonald except images on pp. 46, 69, 82, 145, by Sally Carlton. Contents Acknowledgements 6 Foreword – Kupu whakataki 8 A note on terminology 11 Abbreviations 11 Executive summary 13 Part 1 Introduction Körero whakataki 23 The earthquakes 24 The response 25 The damage 25 Monitoring human rights 26 Research aims 28 How was the research conducted? 28 Part 2 What are the residential red zones? He aha ngä nöhanga pae whero? 29 Land zoning in Greater Christchurch 30 Maps of the residential red zones 31 The number of properties in the residential red zones 36 Government purchase offers 36 The administration of the red zones 44 Future use of the residential red zones 45 Part 3 The Commission’s survey of people affected by the red zoning who did not accept the Government offer Te tatauranga a Te Kähui Tika Tangata ö ngä tangata e noho ana i te pae whero 47 The survey 48 Demographics of the survey respondents 49 The interviewees 51 Interest in having their voices heard 53 Transcripts of the interviews 53 Staying in the Red Zone 3 Part 4 What financial issues have people faced because of the red zoning? He aha ngä kaupapa ahumoni e pä ana ki ngä tängata e noho ana i te pae whero? 55 Survey respondents’ mortgage situation 56 Survey respondents’ insurance situation 58 The status of red zone residents’ properties 63 Part 5 Why have some people remained living in the residential red zones? He aha ai ka noho ëtahi tängata ki te pae whero? 67 Red zone residents living in their property by choice 68 Red zone residents not living in their property by choice 74 Respondents’ hopes regarding their length of residency at their address 75 Part 6 What issues do affected people face, and what are the impacts of these issues? He aha ngä kaupapa e aro ana ki te hunga päpä, ä he aha ngä whakaaweawe? 77 Communication 78 Access to information 85 Participation, engagement and collaboration in decision making 92 Part 7 What issues do specific groups of people face, and what are the impacts of these issues? He aha ngä kaupapa e aro ana ki ia tau tängata, ä he aha ngä whakaaweawe? 100 Section 124 of the Building Act notices in the Port Hills 102 The Government purchase offers: owners of vacant land, commercial properties and uninsured residential properties 115 The revaluation of red zone properties 117 The provision and maintenance of services to the residential red zones 123 Part 8 What other impacts did the red zoning have? He aha ëtahi atu whakaaweawe e pä ana ki te pae whero? 126 Survey respondents’ wellbeing 127 The extent to which specific earthquake issues are affecting survey respondents’ lives 136 4 New Zealand Human Rights Commission Part 9 What is needed to improve life in the RRZ? Pëhea nei te whakapai ake i te nöhanga ki te pae whero? 143 The removal of the red zone label 145 Knowing what the future holds 147 Honest and transparent communication 149 Infrastructure and amenities repair 150 Other desired changes 150 Part 10 Looking forward Tirohanga whakamua 151 Affected people’s lessons learnt, suggestions and recommendations 152 Affected people’s unanswered questions and unresolved issues 157 Glossary 161 Agencies 161 Terms 162 Appendix 1: Survey development 163 Methodology 163 Ethical considerations 164 Appendix 2: Survey distribution 166 Appendix 3: Survey response rate 168 Appendix 4: Survey analysis and guide to its interpretation 170 Appendix 5: Timeline of key land-zoning announcements 171 Appendix 6: Timeline of key government announcements about and legal interventions in the RRZs 174 Endnotes 178 Staying in the Red Zone 5 Acknowledgements This report could not have been written without the information provided to us by people affected by the red zoning of land areas following the Canterbury earthquakes of 2010/11. The Commission particularly thanks the research participants who responded to the survey and who were interviewed. It also acknowledges the support of people both outside and within the Government who contributed to this research and to our understanding of the issues. In addition to people affected by the red zoning, the Commission would like to thank the New Zealand Red Cross, with whom it partnered for the outreach campaign phase of this research and who provided the Deprivation Index and heat mapping used in this report. The Commission would also like to thank the Canterbury District Health Board for feedback on aspects of the report relating to the wellbeing findings, as well as the Canterbury Earthquake Recovery Authority for providing data and maps. The Commission followed a rigorous consultation process when finalising the report. The draft report was circulated for comment to agencies mentioned within it. Excerpts from participant interviews that could be considered critical of particular agencies were sent to these agencies, along with a copy of the draft report. In total, the draft report was sent to 20 agencies. The majority of these agencies took the opportunity to respond, and these responses have been considered when finalising the report. The Commission would like to acknowledge information and feedback provided by the following: CanCERN; Canterbury District Health Board; Christchurch City Council; Environment Canterbury; Earthquake Commission; Fletcher EQR; GNS Science; Greater Christchurch Group within the Department of the Prime Minister and Cabinet; Independent Hearings Panel; Land Information New Zealand (Valuer-General); Land Valuation Tribunal; Ministry of Business, Innovation and Employment; Ministry of Social Development; New Zealand Post; New Zealand Red Cross; Regenerate Christchurch; Stronger Christchurch Infrastructure Rebuild Team; Quotable Value; and Waimakariri District Council. 6 New Zealand Human Rights Commission Part 0 text Martin: We’re called the red zoners. We have got a name and partly we took it with pride and with the feeling of defiance, we are the red zone. Some people said, “What? We don’t understand what it means.” And some say, “Good on you.” So the reactions of people became important for us in a way too. We didn’t want to be red zoners. Anne: No-one wants to be red zoners. Martin: But at one stage I thought, “OK, I’m a red zoner now.” Anne: You have to kind of find a dignity in your situation in order to make peace with it somehow ... you have to sort of claim it as a positive thing rather than it always being a negative thing. Staying in the Red Zone 7 Foreword Kupu whakataki The Canterbury earthquakes of 2010/11 were a stark This report contributes to the recovery and reminder that New Zealand is highly susceptible to disaster preparedness conversation. It continues earthquakes. The scale of the damage meant that large, the Commission’s monitoring of the Canterbury far-reaching decisions needed to be made, and it is recovery and follows the Commission’s 2013 report, important that we now assess these actions and what which mapped human rights issues arising from the could have been done better. recovery in relation to housing, health, accessibility and business. It also provides a counterpoint to the In 2011 the Government made the decision to red zone February 2016 CERA Residential Red Zone Survey earthquake-damaged land—a decision that ultimately report, which considers the situation of people who affected 8,060 properties and more than 16,000 accepted the Government’s offer for their red zoned people across Greater Christchurch. The red zoned properties. areas were assessed as having area-wide damage and/ or risks. Solutions to remediate the land in the short The report does not reflect the views of all the people to medium term were considered to be uncertain, who refused the Government offer, nor does it reflect disruptive, not timely or not cost effective.