Conflicted property rights – balancing the need for seismic safety with heritage conservation : A thesis submitted in partial fulfilment of the requirements for the Degree of Doctor of Philosophy at Lincoln University

Abstract

Traditionally described as a “bundle of rights” the creation and protection of private property rights is seen as a cornerstone of western democratic societies. However, property rights are not fixed but are a constantly evolving mix of private rights and community rights that ebb and flow with changing community expectations. As a result of the Christchurch earthquakes increased community expectations of seismic safety led to the passing of new legislation imposing mandatory seismic mitigation for buildings considered an unacceptable risk to society. These buildings are defined legally as “earthquake-prone”. The costs of seismic mitigation must be met by the property owner potentially causing significant financial hardship to the individual, but also with the potential to have significant negative impacts on communities. One form of mitigation promoted by the legislation is to demolish the building which puts the owner of an earthquake-prone building with heritage value in conflict with community expectations of heritage conservation. This conflict often leads to litigation with an owner demanding the right to demolish while the community pursues the retention of the heritage building. The results of the litigation are uncertain and often costly. This thesis looks at altering property rights in New Zealand in order to avoid litigation and achieve a more equitable balance between private and public rights and thus achieve a better balance between safety, heritage and property rights. This rebalancing is necessary to protect individuals from financial hardship. It is also necessary to achieve better outcomes for communities by protecting them from the unexpected outcomes of the new legislation and by promoting sustainability by reducing building demolition and instead facilitating heritage-led urban regeneration.