This week could be summed up by the words ‘philosophically challenged.’ It seems that all CanCERN staff have been involved in conversations with others that have challenged thinking. And although the specific content of the conversations has been different, the overall message has been the same. Perhaps the planet is trying to tell us something.
Some staff had the opportunity to have a breakfast conversation with Milenko Matanovic this morning and his thinking both challenged and inspired. Milenko is the Founder and Executive Director of the Pomegranate Centre. His bio describes him as a thinker, educator and artist who strives to help communities become wiser by working together and uncovering new ways to push good ideas into action. His words below explain the challenge we are grappling with:
Every time true dialogue occurs (that is, an exchange of ideas or opinions on a particular issue), different worlds meet. This exchange is possible only because the participants jointly create a neutral field of discovery that allows for listening and learning. If this field is not honored then conversations easily digress into a series of monologues where each party only waits for their turn to speak, like two billiard balls pushing each other around.
…
Over the years, I’ve conducted many planning meetings for projects with common community benefit. By and large, the people who attend are thoughtful, offering their own ideas while considering the ideas of others, assuming that together we know more. They are respectful of the field of discovery, allowing many to step into the space temporarily, offer a contribution, and then step away to make it available to others. This is basic civility at work.
However, these meetings also attract individuals who will not listen. Minds already made up, mouths cocked to shout, they argue only for their idea, attempting to invade and occupy the common space for the duration, making it their own private property. These individuals have given up on the idea of collective discovery. … Too many gatherings are processions of fixed ideas, marching inexorably forward, with no learning, no discovery. We leave unchanged.
The time has surely come to see such conduct as the last gasp of a dysfunctional system. It’s time to stop pretending that multidimensional problems can be solved from one-dimensional perspectives. The question is what can be done to protect the field of discovery so that democratic creativity can flourish? I would answer: fierce facilitation.
In a world of many agendas, ideologies and approaches, a facilitator’s work is to ensure that different insights contribute to, rather than extinguish, each other. Every community needs dedicated and fierce facilitators to uphold the standards of conversation that enable a collaborative culture capable of multiple victories, solutions that meet many different goals at the same time.
There have been too many monologues in the residential recovery. The residents often sit on one side, waiting for an opportunity to tell it how it is. The agencies sit on the other, waiting for the opportunity to tell the residents it isn’t like that at all. Two billiard balls pushing each other around; no neutral field of discovery.
CanCERN can talk until the cows come home about what has gone wrong for residents. We can also try really hard to convince those same residents that there is actually some good thinking and planning happening within the recovery agencies. In short, we can fill space with the words of the residents and the words of the agencies – “processions of fixed ideas, marching inexorably forward, with no learning, no discovery. We leave unchanged.”
Our privileged position is that we can skip across all sectors – community, government, commercial. We have met people in each one who are “thoughtful, offering their own ideas while considering the ideas of others, assuming that together we know more.”
We’re in the business of wanting recovery to “enable a collaborative culture capable of multiple victories, solutions that meet many different goals at the same time.” We’re not sitting alone in that space as we bring together collaborations like Let’s Find & Fix and the In the Know Hub. And although we have hammered EQC for failing to get a lot of things right, we also have to recognise that they also are bringing together important collaborations like the (much improved) Community Advisory Group to try to improve things for the resident. We hammer the insurers but we also have to recognise that the Insurance Council is working right alongside us to ensure that the best resources are in place to meet the resident need.
The resident voice is hugely important and needs to be heard. This week we have been challenged to think very carefully about whether we represent it in situations that embrace the monologue or the dialogue. We hope it’s the latter.
ATTN: Port Hills red zone homeowners
To Port Hills homeowners in the Residential Red Zone
The following email was sent to CERA requesting clarification about the accepting the Crown offer with respect to the looming deadline and homeowners investigating a rockfall protection subsidy and a response from Christchurch City Council.
We feel the information below is quite complex and hope that homeowners in this situation have sought good legal advice.
We are not experts on this but our take from the responses that CERA sent us (see below in red for CERA responses ) is that homeowners may be able to ‘hedge their bets’ in this difficult situation.
Simply – accepting the Crown offer by February 27th (the last possible day to take the offer) means homeowners are granted another six weeks in which to vacate the property. This makes time for the council to respond to the subsidy application. In the event that the subsidy application is successful the homeowner can explain to CERA what has happened and ask that the sale and purchase not go ahead. Of course, if the subsidy application is not successful the homeowner has not missed out on the Crown offer but may have to ask for a bit more time to vacate.
Anyway, as we said above we are not legal experts. The email and the response we got from CERA is below and so we hope that this will be of use to some:
Email sent to CERA from CanCERN on February 18th, 2015
Dear CERA
As the final date for owners of eligible properties in the Port Hills residential red zones to accept a voluntary Crown offer to purchase their property is just over a week away CanCERN wishes to clarify information in relation to this date especially for property owners who are waiting on information from the Christchurch City Council (CCC) with respect to the ‘Rockfall Protection’ subsidy.
We understand that owners of eligible properties in the Port Hills residential red zones have until 5pm, 27th of Feb to accept a voluntary Crown offer for the sale and purchase of their property.
We understand that they do not have to accept this voluntary offer and that there are some property owners who are investigating a rockfall protection subsidy through the CCC and they may or may not get a response from CCC, let alone a response from CCC confirming whether or not their application for a rockfall protection subsidy has been approved or declined, before this date.
This then makes it hard for them to decide whether they should accept the voluntary Crown offer or not.
In light of this we wish to clarify the following information:
- Is it correct that owners of eligible properties in the Port Hills residential red zones can still accept a voluntary Crown offer rather than forgo it and this will give them a further 6 weeks in which they can clarify their position with the CCC? ie until they must vacate. And if they signed a voluntary sale and purchase agreement on the 27th February they would have to the 10th of April until they have to vacate?
Owners of eligible properties who wish to accept the voluntary Crown offer will need to submit a signed sale and purchase agreement to CERA via their solicitor by 27 February 2015. The sale and purchase agreement will specify a date within a six week period of being signed, by which time the property must be vacated in order for ownership of the property to transfer to the Crown. If the sale and purchase agreement was signed and submitted to CERA on 27 February 2015, then vacant possession would need to be provided by 10 April 2015 in order to fulfil the terms and conditions of the agreement. Until the house is vacated, the terms and conditions of the sale and purchase agreement cannot be fulfilled, nor will the ownership of the property transfer to the Crown until such time as the requirement for vacant possession, along with any other requirements, have been fulfilled. Until ownership transfers to the Crown, the property remains in private ownership and the responsibility of the property owner.
- If they sign this agreement they are not bound to accept the Crown offer as this only becomes legally binding when the homeowner provides vacant possession?
A signed sale and purchase agreement is a legally binding document. Property owners should seek independent legal advice to ensure they fully understand what they are agreeing to when they sign the sale and purchase agreement, and what options are available to them, including any implications.
- The homeowner can get out of this sale and purchase agreement by writing a letter to the Chief Executive and state that they no longer wish to accept the offer anytime during those six weeks. ( One of the reasons for doing this might be that they have received confirmation from CCC that they will get a rockfall protection subsidy and thus wish to stay).
Requests to cancel their sale and purchase agreement with the Crown, including where the property owner has received confirmation from the CCC that their application for a rockfall subsidy has been approved, can be considered by the Chief Executive of CERA on a case by case basis depending upon the individual circumstances. * Property owners should seek independent legal advice about the options available to them and the potential implications of failing to provide vacant possession by 10 April 2015.
- We understand this is no different from anyone in the Red Zone who changes their mind before the legal handover is made.
This information applies to all properties in the residential red zones and is standard practice in the sale and purchase of property
- We understand that the Chief Executive may not accept this request for cancellation but will seriously consider the extenuating circumstances that are involved.
The Chief Executive will consider requests on a case by case basis and will only agree to cancel where he is satisfied that, in addition to any other relevant factors, to do so is in accordance with the purposes of the Canterbury Earthquake Recovery Act 2011 and is reasonably considered necessary.
- If during the 6 weeks homeowners DON’T receive a conclusive response from the CCC, i.e. before the February 27 or the April 10th deadline then…
- …We understand that this doesn’t mean that they will automatically be evicted from their property. Ownership doesn’t transfer to the crown until the owner provides vacant possession.
See previous answers above.
- …Even if the homeowner continues to reside in their property after the 10th of April it is unlikely the Crown will take steps to evict these homeowners but the home owner may be penalized until a vacant possession date was established. However as with the above extenuating circumstances the homeowner can write to the Chief Executive and ask for a waiver on this penalty.
- …We understand that this doesn’t mean that they will automatically be evicted from their property. Ownership doesn’t transfer to the crown until the owner provides vacant possession.
There are a number of remedies available to CERA, on behalf of the Crown, in relation to situations where property owners do not provide vacant possession by the agreed settlement date, including penalty interest being charged on the purchase price accruing daily from the agreed settlement date until such time as settlement is completed. However the Chief Executive of CERA can consider requests to waive penalty interest on a case by case basis depending upon the individual circumstances. Property owners should seek independent legal advice about the options available to them and the potential implications of failing to provide vacant possession by 10 April 2015.
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Insurance stats explained
ICNZ figures came out on Monday and most of the focus went onto the fact that EQC handed over 744 families to private insurers in the last quarter. CanCERN has had much to say about this in the media and I think the word, ‘appalled’ was printed most consistently. As far as we are concerned all residents should know by the end of the next quarter that they are definitively under or over cap. Enough said.
We don’t place too much stock in how numbers and percentages are pulled together as we are more interested in how well people are making it through the insurance process. That said, things are moving and that should be celebrated – more people in their homes is great news.
What these slides tells us is that there are potentially about 7000 overcap homeowners who may still need some level of support to help them make decisions confidently. These are people who have new claims, no offer, are undecided or in resolution. After that stage, we know that there are still stresses and some may need help but it is more likely to be frustration rather than confusion.
EQC figures obviously need to be added to this list to get the true picture of potential need and we calculate that there are about 16,000 undercap dwellings either in the repair pipeline or waiting to get to that point. Add the many thousands who are awaiting land settlement information and you can see that there is still a fair amount of support needed to help people get through.
Trying to ensure that the best support systems are in place within EQC and insurers and within external support services such as RAS, CIAS, ESCS and Breakthrough is where a lot of our energy is going. There is a fair amount of goodwill and openness to collaborating from the different agencies which is only a good thing for any resident who is struggling.
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Avonside blog kicks off again! Talks Revised Fair Insurance Code
Lawrence Roberts has kicked off the Avonside Blog again and he’s got plenty to say about the Revised Fair Insurance Code! Lawrence was the main man behind CanCERN’s submission to the Insurance Council on the revised code. The revised code is important because it essentially informs how New Zealand insurers’ should conduct themselves. It outlines the rights and responsibilities of the both the insurer and the policy holder.
You can read about how our submission made a difference here. Since writing that post a few weeks back, we’re begin to wonder how much of a difference we’ve actually made. As Lawrence mentions in his articles below, at first glance there seem to be changes for the better, but it also looks like there may still be some gaps.
Lawrence has written three posts so far covering difference aspects of the code:
The Revised Fair Insurance Code – Background
Comment – Looks good at first glance, but not so much at second
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River of Flowers this Sunday
This Sunday, staff from CanCERN will be hosting the Avonside River of Flowers site which is at the Gayhurst Bridge. We will be joined by Mick Abbott, Head of the School of Landscape Architecture and Co-leader of Landscope DesignLab. Mick is involved in a development which is based on the Eden Project in Cornwall and which is one of many ideas already unofficially on the table to be considered for the future use of the Residential red zone and more specifically, Avonside.
When?
- February 22nd, 2015. From 8am to 8pm, people are encouraged to drop a flower in the Canterbury rivers and waterways.
- At designated places, local community groups will host sites from 12:30 to 1:30pm.
- At 12:51pm two minutes silence will be held.
Where?
- Avon and Heathcote rivers, and at the estuary.
- Click here for the site list.
On the fourth anniversary of 22 February 2011 Cantabrians once again have the opportunity to share their experiences and hopes for the future as part of the River of Flowers commemoration.
Details of the 2015 River of Flowers

River of Flower sites will be set up along the Avon and Heathcote rivers, and at the estuary.
The sites will be open from 8am to 8pm, and hosted by local community groups between 12.30 – 1.30pm. Throughout the day people will be able to throw flowers into a waterway and write messages on a Tree of Hope. At 12:51 two minutes silence will be held.
View the full list of 2015 River of Flowers sites.
How and Why the River of Flowers was created
The inaugural River of Flowers was held on 22 February 2012 and was led by Healthy Christchurch and the Avon-Otakaro Network (AvON). The event provides communities with the opportunity to reflect on the last three years and look forward to the future.
The River of Flowers is an opportunity to:
- come together as a city through a river of flowers
- let go through dropping flowers into the river
- hold two minutes of silence to remember those who have died, been injured, or who have lost their homes
- write notes of hope and post them on a tree of hope
- acknowledge the importance of the river(s) in the life and heritage of the city
- give a token of respect back to the river(s)
- show the connections between communities – particularly those most affected
- celebrate our strength – resilience and supporting one another
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Canterbury Air Plan and District Plan- call for submissions
Canterbury Air Plan
Environment Canterbury Commissioners have approved the proposed Canterbury Air Regional Plan to be released for public notification and submissions on 28 February 2015.
Get more info and make a submission HERE.
District Plan Review – Stage two fast tracked
More info HERE.
The Council wants people to learn more about stage two of its District Plan Review and to make submissions directly to the Independent Hearings Panel that makes decisions on the plan.
“For stage one of the review we used the time we had available before the first notification to educate people about the content of the draft chapters/maps and how that content could affect them, particularly in relation to natural hazards; and to receive their feedback on those draft chapters,” says Mayor Lianne Dalziel.
“We then found that many people felt they’d had their say and didn’t need to make a formal submission to the Independent Hearings Panel. For stage two we want people to know that they still need to make a submission to the Independent Hearings Panel to have any influence on the proposed plan.”
Important dates for most of the stage two chapters:
- Notification 2 May 2015
- Submissions open
2 May – 15 June 2015 - Submissions published 29 June 2015
- Further submissions open 29 June – 13 July 2015
- Further submissions published 27 July 2015
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