Post-Disaster Dispute Resolution: A New Zealand Case Study

Abstract

Disasters expose underlying weaknesses in systems and processes. When the dispute resolution framework is not set up to be robust in “normal times,” it is inevitable that the entities tasked with dispute resolution will fail to cope with the enormous increase in disputes after a disaster. Lengthy delays in resolving disputes leave a trail of destruction and exacerbate the suffering of the victims. At worst, the failure of the dispute resolution system may “become the disaster” affecting the physical and mental health of claimants on top of their economic loss. This has broader implications for the community and society as a whole. This article briefly explores some of the problems that arise when post-disaster disputes are not resolved effectively and efficiently, drawing on lessons learned from New Zealand’s 2010/2011 Canterbury earthquake sequence.