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 and Newshub, and writes a weekly column for NBR.
Summary
The Water Services Act 2021 (‘Act’) commenced 15 November 2021.This Act is part of the Three Waters Reforms. It establishes drinking water standards and regulates all persons and organisations that supply drinking water.
Key provisions
Supplier
Previously only large scale water suppliers were captured by health regulations. Under the Act, any person who supplies water to another household or dwelling, which may be used for drinking water, is likely to be caught by the Act. Supply has a broad definition and could include anyone with drinking water infrastructure (e.g. pipes) on their property.
This also means there could be multiple Suppliers along the water supply chain.
Duties
Suppliers will have significant new duties including:
- Registering their supply;
- Complying with drinking water standards, including aesthetic standards;
- Providing sufficient quantities;
- Having a drinking water safety plan;
- Notifying the new authority (Taumata Arowai) and local authorities of any risk or hazard to the water;
- Maintaining records of supply, compliance and monitoring (that will need to be done via an accredited lab);
- Providing specified information and a complaints process for those consuming the water; and
- Paying fees and levies as Taumata Arowai requires.
These duties are imposed on a wide range of people, and can extend to those working or volunteering for the supplier.
Penalties
There are significant penalties for breaching the Act. For example, a failure to register a drinking water supply can result in a maximum fine of $50,000 for the individual and $200,000 for a body corporate.
Private criminal prosecution is also allowed if Taumata Arowai is not taking a complaint further.
If you want to understand more about the Act, you can access the brief we produced for the Water Users' Group here
Next steps
The Act commenced on 15 November 2021, but will fully come into force over the next seven years. Taumata Arowai is required to under take engagement and consultation on significant regulations, including on the water standards themselves. In early 2022, Taumata Arowai published the following draft water standards and rules:
Drinking Water Standards
The new drinking water standards will set Maximum Acceptable Values for contaminants in drinking water. These draft values cannot be exceeded at any time, and apply to all suppliers regardless of how many people are being supplied to.
Drinking Water Aesthetic Values
Drinking water suppliers have a duty under the Water Services Act to provide aesthetically acceptable water. Aesthetic standards are measured by the look, taste and odour of the water. They do not directly indicate the safety of the drinking water.
Drinking Water Quality Assurance Rules
These rules provide the minimum requirements drinking water suppliers must comply with to demonstrate they are supplying safe drinking water.
In addition to these standards, Taumata Arowai has provided draft Acceptable Solutions for roof water supplies and bore drinking water. Eligible suppliers may adopt Acceptable Solutions to meet compliance obligations under the Water Services Act, and will not need to provide a drinking water safety plan.
Taumata Arowai has also published draft environmental performance requirements which impose further recording and reporting requirements for drinking water network operators.
These drafts were made available for public consultation between 17 January and 28 March 2022. Taumata Arowai is analysing the submissions received and will provide an overview of any changes made to the final rules and standards.
Taumata Arowai has now released the finalised Drinking Water Standards and Aesthetic Values, and has provided a summary of the submissions receieved. Both will come into effect on 14 November 2022.
If you are interested in understanding more about what your obligations may be under the Water Services Act or are interested in the consultation process, please contact Brigitte Morten.
Director Brigitte Morten joined host Kathryn Ryan and Director of TalbotMills Research, Stephen Mills on Nine to Noon to discuss the week in politics. They discussed the Prime Minister's announcement of a vaccination target and new traffic light system, National's Back to Business plan, the joint housing announcement from National and Labour, and the Free Trade Agreement with the UK.
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
