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In the News
29 April 2013: SOP sinks mining protesters
Read the LawTalk article by Nikki Pender and Pam McMillan here.
28 March 2013: Courts give neat short shrift to Minister's "short-term neat solution"
Nikki Pender & Pam McMillan's latest article appeared in NZ Lawyer. Click here to read their comment on Canterbury Regional Council v Independent Fisheries Ltd & Ors [2012] NZCA 601.
24 March 2013: Q+A: The Panel on TVNZ
Stephen Franks' joined the Panel on TVNZ on Sunday 24 March. Topics included the Maori Party Leadership, Auckland City Mayor Len Brown's & Housing Minister Nick Smith's interviews on the Auckland Plan and John Howard's interview with Susan Wood on the treatment of New Zealanders in Australia. To watch the programme click here.
4 March 2013: Legislative fix to prison smoking ban debacle
Nikki Pender & Pam McMillan's article appeared in NZ Lawyer. Click here to read the impact this legislation could have on constitutional principles.
21 February 2013: Push for law change on disqualified driving taken up by Coroner
Franks & Ogilvie’s submission to Coroner Evans that driving disqualification orders should have practical effect was taken up by the Coroner who made a recommendation of law change to the Transport Minister, the Hon Gerry Brownlee. The Minister has stated he supports the change and will investigate it. Read the NZ Herald article here. Kiwiblog's "a good Coroner's recommendation" also comments on this.
Nikki Pender and Pam McMillan presented the submission while representing Judy and Ted Ashton in the Coroner’s inquiry in the death of their daughter Debbie Ashton who was killed by repeat offender Jonathan Barclay in December 2006.
In his findings Coroner Evans said: “ Counsel point out …when Mr Barclay was sentenced for Ms Ashton’s manslaughter and other charges, he was jailed for five and a half years and disqualified from driving for three years. Counsel say that, again the disqualification period started running from the date of sentencing and had expired by the time Mr Barclay was released on parole. Tellingly, they say “In other words, the disqualification sentence had no practical effect at all”. Is this a satisfactory state of affairs? What is the point of imposing a driving disqualification which a concurrent sentence of imprisonment makes nugatory? To disqualify a person from doing something presupposes the present ability and the right of such person to do that thing. To impose sanctions that will have no practical effect would seem to be a barren exercise” .
19 February 2013: Hoggard steps down from integrity role
To read Stephen Franks' comments on the situation click here for Fairfax NZ and here for the NBR article.
14 January 2013: Pam McMillan - Senior Solicitor
Franks & Ogilvie are pleased to announce the appointment of Pam McMillan to Senior Solicitor, effective December 2012. Pam joined Franks & Ogilvie in 2009.
Pam specialises in public and commercial law. She has extensive skills in legal research, pays attention to all details and demands high standards in her work.
6 December 2012: Couch settlement ends gruelling test case.
Nikki Pender is a lawyer who looked at sueing the department over the killing of Karl Kuchenbecker in Lower Hutt by Graeme Burton in 2007 when he'd been paroled from prison after serving time for another murder. Nikki was interviewed on Checkpoint on 6 December about the Couch settlement. Click here to listen.
4 December 2012: The Panel with Stephen Franks
Stephen Franks and Gary McCormick were on Radio NZ The Panel with Jim Mora. Click here (Part 1) and here (Part 2) to listen to what was discussed.
18 October 2012: New Queen's Counsel Law: Taking Us Back to the Dark Ages?
A guest post by Nikki Pender appeared on Kiwiblog. Click here to read.
10 October 2012: RSA Victim deserves more resources
Nikki Pender, litigation specialist for Franks & Ogilvie, was interviewed on Radio NZ.To hear what Nikki & Garth McVicar from Sensible Sentencing had to say click here.
21 September 2012: Greens' bill puts political openess at risk
National Business Review reported on Jordan Williams' article that appeared in the Dominion Post earlier. For the NBR report click here. For Jordan's article click here.
21 September 2012: Lobbying bill will distance people from MPs
Read Jordan Williams' article on Greens' Lobbying Disclosure Bill which appeared in the Dominion Post.
4 September 2012: Major monopolies challenge ComCom pricing strategies
Franks & Ogilvie (Stephen Franks, Nikki Pender & Jordan Williams) are representing the Major Electricity Users Group in this High Court proceeding on Commerce Commission's input methodologies determinations. To read an NBR article, click here.
20 August 2012: Jordan Williams appeared on TV3's The Nation.
On August 19 Jordan Williams, solicitor at Franks & Ogilvie, appeared on TV3's The Nation. Note. Jordan's discussion starts at 31 minutes. Click here to view.
17 August 2012: Victims want judges to answer for actions
Stephen Franks, representing the Sensible Sentencing Trust, said offenders treated the legal system as a game. To read the Dominion Post article, click here.
24 July 2012: Buying shares won't zap bills
Stephen Franks, who has been involved in state-owned companies in the past, said he would buy into Mighty River Power. To read more click here.
18 July 2012: Super City an elected dictatorship
Stephen Franks' article "Super City an elected dictatorship" was published in the NZ Herald. Click here to read.
9 July 2012: Justice Hot Tub
Stephen Franks, Greg King, Garth McVicar and Gill Elliott will be participating in the Justice Hot Tub public debate on Friday 20 July. (see details).
The Justice Hot Tub is a forum for discussion on issues relating to the criminal justice system. Stephen Franks, Nikki Pender and other staff at Franks & Ogilvie provide legal advice to the Sensible Sentencing Trust, including law reform initiatives.
9 July 2012: Politics with Stephen Franks and Mike Williams - Radio New Zealand
Stephen Franks and Mike Williams discuss how parties develop the will to lead on hard issues, the Auckland Supercity, the kiwifruit vine disease PSA, and the Labour Party's Secretary General job. Click to hear more.
28 May 2012: Radio NZ The Panel with Stephen Franks & Finlay MacDonald
The Panel with Stephen Franks and Finlay MacDonald (Part 2). from Afternoons on Monday 28 May 2012.
Click here to listen.
17 May 2012: NZ Herald's "Political Roundup" 16 May
Maori Television broadcast a"Native Affairs" episode about the Urewera controversy. Stephen Franks' Uerwera 4 and the Supreme Court, and Joshua Hitchcock's Once More On the Urewera 4 are sited as "interesting commentary on the issue".
Bryce Edwards comments further "Interestingly, Franks is full of praise for the episode of Native Affairs, and Hitchcock expresses strong reservations about the actions of the Urewera defendants."
14 May 2012: Urewera Controversy was the topic on Maori Television's 'Native Affairs"
Maori Television broadcast a 'Native Affairs' episode on 14 May about the Urewera controversy. Stephen Franks appeared on the panel. Watch the episode here.
5 May 2012: Stephen Franks spoke on TV3's "The Nation"
Read comments by Stephen Franks who spoke on TV3's "The Nation" on Saturday 5 May.
Scoop Independent News and Voxy.co.nz reported on the interview.
7 May 2012: Justice in the firing line
In the NZ Herald Stephen Franks notes that Farmer's comments are " a mild version of the worries widely expressed among eminent barristers". Read the article here.
10 April 2012: Maori Battle Goldman by Mount Doom as New Zealand Sells Assets
Stephen Franks said the Maori council is unlikely to stop the sale of shares in Mighty River Power Ltd. To read more click here.
30 March 2012: Securities lawyer analyses sentencing of Lombard directors
Stephen Franks discusses the sentencing of Lombard directors on Radio NZ's Morning Report. To hear the interview click here.
30 March 2012: Integrity not in question
Appearing on Close Up on Friday 30 March Stephen Franks said there was no law governing removing someone from the Order of Merit but rather it was a matter of honour and integrity. To read the summary and watch the interview click here.
29 March 2012: Reform of Local Government
Stephen Franks appeared on The Court Report on Thursday 29 March to discuss long overdue proposed changes to local government. Click here to watch the interview.
26 March 2012: Double Standards – (Un)accountability of Government Departments
Nikki Pender and Pam McMillan acted for the applicants in McVicar v Department of Corrections and New Zealand Police which sought an extension of time to prosecute Police and Corrections under the Health and Safety in Employment. Read a background article on the Justice Hot Tub website here.
23 February 2012: Group rubbishes Auckland Council's waste management proposal
Waste and Recycling Council spokesman, Stephen Franks, says Auckland rubbish collection charges are unclear. Articles appeared in the Manukau Courier. Papakura Courier and Easter Courier highlighting some of the issues.
16 February 2012: Crafar decision could prompt law change
Stephen Franks wants the Government to take a long deep breath and look at the decision. To read what Stephen discussed with Mike Hoskings on Newstalk ZB click here.
15 February 2012: Section 9 of the SOE Act
Stephen Franks has an interesting prespective on Section 9 of the SOE Act, as his law firm was involved at that time. Read NZ Herald Political round-up: February 15 for details.
14 February 2012: Review on Criminal Trial Process
Interviewed on Newstalk ZB, Stephen Franks says he doesn't agree with the Law Commission, that juries shouldn't be used in sexual offending cases because they often bring prejudice. To read more click here.
22 December 2011: "Trade Me" Legal Tender sees Small Firm Winners
Franks & Ogilvie have been appointed to the Government’s approved legal services panel. They are one of the 8 law firms qualified for finance and banking advice and among the 14 for corporate and commercial work. Click here to read an article by LawFuel (21 December 2011) on this.
10 December 2011: Thermography versus mammography
The Listener reports "Practitioners of breast thermography say a hostile environment created by health authorities has jeopardised a useful service for women". Franks & ogilvie act for Clinical Thermography. Click here to read the Listener article.
9 December 2011: Ignorant Judiciary threatens business freedom
Stephen Franks, a prinicpal of Franks & Ogilvie, told the National Business Review unless there was dishonesty in finance company collapses, it was a "total waste of time" pursuing directors through court. To read the NBR article click here.
1 December 2011: Nikki Pender appears on Court Report
Franks & Ogilvie's Nikki Pender appeared on TVNZ's Court Report on 1 December. Nikki has represented the Kuchenbecker family in their attempt to prosecute the Corrections Department. Click here to view Nikki's interview on "Can you prosecute a Government department?".
18 August 2011: Recyclers say council wasting its time
Stephen Franks, on behalf of the Waste & Recycling Council, told Auckland Councillors they were heading for an expensive public consultation exercise on a waste management and minimisation plan that had limited prospect of being adopted and less prospect of being implemented. To find out more click here.
31 July 2011: Analysis rubbishes waste savings
We are advising a grouping of Auckland businesses concerned about recent decisions made by Auckland Council regarding the control of solid waste streams and facilities in the Auckland region. Click here for the article published in the Sunday Star Times.
18 April 2011: David v Goliath battle for justice: HSE prosecutions of Police and Corrections
Stephen Franks and Nikki Pender have been seeking accountability for the mistakes made by the New Zealand Police and the Department of Corrections that led to the deaths of both Karl Kuchenbecker and Debbie Ashton through Health and Safety in Employment Act prosecutions. An article by Neil Reid in the Sunday Star Times on this is available here. To read the background information supplied for this story click here Media HSE Prosecutions 2011
7 April 2011: Stephen Franks' presentation to 5th Annual Regulatory Evolution Summit
Stephen Franks presented to the 5th Annual Regulatory Evolution Summit on consumer views of regulation and consumer-orientated regulation. Stephen's presentation entitled A consumer perspective of merit review so far - and crusading without cost:benefit analysis is available here MEUG Consumer Law.
22 November 2010: Franks to conduct review of banking code Stephen Franks is the Independent Reviewer of the Code of Banking Practice which is a voluntary code of conduct for members of the New Zealand Bankers' Association. The Dominion Post article can be viewed here and a copy of the Issues Paper can found on the NZBA website.
7 October 2010: IDEA Services going into statutory management Click here to view the TVNZ interview by Miriama Kamo with Stephen Franks on IDEA Services being put into statutory management.
22 August 2010: TVNZ Q & A Panel Click here to view TVNZ's live political affairs Q+A programme. The panel members included Stephen Franks, Katherine Rich, and political scientist Therese Arseneau.
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