Brigitte is admitted as a barrister and solicitor of the High Court.
She has over a decade of experience working in politics across Australia and New Zealand. She has a Bachelor of Law from Victoria University, a Masters of Law from the Australian National University, and a Graduate Certificate in Counter-Terrorism from Interdisciplinary Center (Israel).
Brigitte spent three years providing political and media advice to the Embassy of Israel in Australia, whilst dealing with a number of high profile events. She worked as a Senior Advisor in state politics and worked on a number of Australian state and federal election campaigns. Brigitte was a Chief of Staff to an Australian Senator, before returning home to be the Senior Ministerial Advisor to the Minister of Education in the last National Government.
She has worked extensively with clients in the private sector to help them establish and maintain relationships with government, lobby on important issues, and drive campaigns to raise public interest. Brigitte particularly enjoys working with grassroots and member based organisations.
Brigitte has extensive knowledge of law making processes, how to best utilise the Official Information Act, and how to coordinate public interest campaigns across multiple channels. She is particularly interested and experienced in firearms law, electoral law and large scale reforms.
She is a regular commentator for RNZ, TVNZ, Newstalk ZB and a co-host of political podcast Three Gals One Beehive.
Overview
Franks Ogilvie assisted the Council of Licenced Firearm Owners (COLFO) to advocate on behalf of their members against significant firearms law changes.
Issue
Following the 15 March terrorist attack in Christchurch, the Government announced they were pursuing a significant reform of firearms laws and regulations. COLFO understood some change may be required but argued the nature and scale of the proposed reform would not provide the promised outcome– increased community safety.
What we did
COLFO wanted to ensure their members’ views were understood and heard by Government. They wanted to play a constructive role informing the changes. COLFO recognised that to do so they would need support in multiple ways including legal advice on proposed changes, strategic political advice, media and PR support, and membership fundraising and communication.
Franks Ogilvie brought together a strategy team across all of these disciplines and led the Fair and Reasonable campaign over a period of approximately 18 months. We provided legal advice on the numerous proposed changes to the law introduced throughout this period, including drafting submissions, providing detail to MPs, and advising on Parliamentary process.
In court, COLFO challenged the government’s decision on how to define newly prohibited ammunition and its decision to not provide compensation for prohibited ammunition handed in during the firearms buyback. Franks Ogilvie acted as the solicitors in this challenge, working with barrister Jack Hodder QC.
Franks Ogilvie also assisted with responses to developing events such as security issues with the Police buyback register, the Auditor-General’s inquiry in to the firearms buyback, the Royal Commission Report on the Mosque Attacks, and Police enforcement of firearms issues.
During this period, COLFO provided up to date information to licensed firearm owners to make them aware of new legal requirements and helped them have their views heard by Parliamentarians. During the first COVID lockdown, Franks Ogilvie helped COLFO advocate for extended licence renewal periods.
By leading a multi-disciplinary approach, Franks Ogilvie helped COLFO make sure their communications and advocacy were accurate, timely and effective.
Outcome
In the judicial review decision, Justice Cooke, made significant statements that the government cannot confiscate an individual’s property without compensation. Ultimately, COLFO lost the case, but obtained recognition that the Government’s actions were not consistent with firearms owners’ property rights.
The issues COLFO raised regarding the firearms buyback were reflected in the Auditor-General’s inquiry and the Police made changes to subsequent buybacks as a result.
COLFO successfully advocated for significant changes to legislation including on important issues like search and seizure provisions, practical changes to the firearms registry, and leading a push for firearms administration to not be carried out by Police.
COLFO is now seen as one of the leading firearms advocacy groups in NZ and is represented on the newly formed Ministerial Advisory Group.
COLFO continues to be a client of Franks Ogilvie.
If you would like to understand more about this matter or similar work, please contact Director Brigitte Morten
Director Brigitte Morten joined Nine to Noon host Kathryn Ryan and Capital Relations Neale Jones to discuss the week in politics. Ahead of the Cabinet decision on changing restrictions for Auckland, they discussed the new Covid cases in the Waikato, immigration announcements, the National Party's plan and the vaccine rollout.
To listen, please click here.
Tuesday 28 September 2021 marks the end of Dame Patsy Reddy’s five year role as Governor-General, New Zealand’s Head of State. The next Governor-General, Dame Cindy Kiro, is scheduled to be sworn in on 21 October.
With three weeks until the office is officially filled, who is our Head of State in the meantime?
That position falls to the Chief Justice of New Zealand, Dame Helen Winkelmann.
What does the Governor-General do?
The Governor-General is an important part of New Zealand’s constitutional structure, and has a number of functions as the Queen’s representative in New Zealand.
One major function of the Governor-General is as Sovereign in Parliament. Parliament is not just our elected representatives to our country’s legislature. All Acts which are passed by the House of Representative must receive royal assent (approval) from the Head of State. The Governor-General gives assent on the Queen’s behalf.
As head of the Executive branch of government, the Governor-General presides over the Executive Council, the Council of all Ministers of the Crown. In the Executive Council, the Governor makes regulations through Orders in Council when advised by Her Majesty’s Ministers.
The Governor-General also may exercise the royal reserve powers, which are legal powers exclusive to the Crown. These include the Prerogative of Mercy, the ability to appoint the Prime Minister and other Ministers of the Crown, and the ability to form and dissolve Parliament.
The Governor-General exercises a diplomatic function with foreign dignitaries. As New Zealand’s head of state, the Governor-General receives visiting heads of state.
Head of State when Office of the Governor-General vacant
New Zealand has an unwritten constitution. This means that the entire constitution cannot be found in any one document, and there are long held conventions (practices) which make up the constitutional framework. However, a major part of our constitution is the Constitution Act 1986. This statute sets out the ordinary proceedings on how the branches of Government operate.
Section 3B of the Constitution Act allows for the “Administrator of the Government” to exercise the functions and duties of the Governor-General when that office is vacant or when the Governor-General is unable to perform the role. “Administrator of Government” is not defined by the Constitution Act. This term comes from another part of New Zealand’s constitutional fabric: the Letters Patent.
The Letters Patent is a royal decree from the Queen establishing and authorizing the office and powers of the Governor-General. Clause 12 of the Letters Patent authorises and commands the Chief Justice to act as the Governor-General where the office is vacant.
In the rare event that the Chief Justice is unable to perform this role, clause 12 states the role then goes to the next most senior judge of New Zealand’s judiciary. The line of succession continues down the judiciary’s seniority.
