Welcome
On this site you'll find posts and pages from recent years. The site began as part of my public law practice after leaving Parliament in 2005. Accordingly it records my opinions, not necessarily those of Franks & Ogilvie of which I am a principal, or any client, or the National Party for which I contested the Wellington Central electorate in November 2008.
From the Wellington Writers’ Walk:
“It’s true you can’t live here by chance, you have to do and be, not simply watch or even describe. This is the city of action,the world headquarters of the verb”
– Lauris Edmond, from The Active Voice
Helen Clark’s deification by her party should be studied carefully by other New Zealand politicians. I think it was the calculated result of a conscious and very successful strategy to make her great, and not just the natural outcome of superior leadership skills.
Most of us probably think that true leaders must continually earn their authority, by being seen to take responsibility in the toughest times, being seen to lead when there is trouble, and and being seen solving it.
Clark’s strategy appeared to me to be quite different. She certainly ensured that trouble was faced, but someone else was almost always the public face of the problem, at least until it was clear how it was going to be dealt with. Only then did she emerge to put it to bed.
I think that was a sensible strategy. It meant that she was continually associated in the public mind with success. She rarely got drawn into strife at the messy stage where the outcome and the resolution were unclear. She could nearly always look commanding. Over time public (and media) perceptions of omnicompetence werre continually reinforced.
The strategy was beneficial even to those who took the fall for her (or their collective) misjudgments. They all benefitted from her continually burnished reputation of success and competence. The strength of her rarely sullied reputation for decisive management meant she could come to their rescue, and often squelch issues that would have been running sores in lesser hands.
I’m reminded of the Samoan division of authority between a titular and a talking chief. See JAC Gray’s Amerika Samoa for more then the dictionary definition of the term. There is a happy coincidence of peoples’ desire to feel that they are led by superhumans, with the leader’s interest in being seen that way. To achieve that the ruler must ration his or her appearances, and preferably be almost always the bearer of good news.
Thus we get the common belief that a ruler in "interesting times" is basically sound, but wickedly advised. Revolutions commonly started to get rid of courtiers while the revolutionaries professed or even held a love for the sovereign.
I saw the Clark strategy slip a few times, most notably in the initial reaction to the Court of Appeal’s foreshore and seabed decision. Fresh from her success in slapping down the Waitangi Tribunal’s silly report on the Taranaki claim to oil and gas, she took over from Margaret Wilson after 5 days of dithering following the Court decision. The attempt to use the same reasoning ("not in the interests of New Zealand") had a calamitous result. Her obvious fumbling in Parliament that day fuelled the storm, as Parliament and Maoridom sensed the weakness of her position when compared with so much earlier rhetoric on Treaty issues.
Michael Cullen took over the next day and the PM was scarcely seen on the issue again for months, while Cullen stoically endured the calumny. In my opinion, given where they started from he did a great job, but it would have been much easier for him if he had not been landed defending the indefensible from the initial fumbling. The "interests of New Zealand" would have been defensible, but not from a leader and a party that had previously panned that as an insufficient and illegitimate counter to treaty claims.
An election campaign is all consuming. The objectives, the competition and the gamble energise like nothing else.
They inspire candidates and people of passionate politics.
Others are compelled to join in by anxieties for their country or anger about intolerable trends.
But the greater part of the campaign load is borne by people out of duty, friendship or loyalty.
Often they get in touch to offer encouragement, thinking they can make it tangible with a small donation, or with a little bit of time. But a campaign is a whirlpool, and they’re caught. They accept more and more load until they’re carrying completely unreasonable burdens.
That selfless help drives the candidate to the end. To keep faith with the sacrifices others are making, the afternoons they’re giving up, the money they’ve donated, the demonstration they’ve joined when they’ve never done anything so undignified before, the candidate must get up a bit earlier, and walk a bit further.
Of course it is not only the candidate who is encouraged by reciprocal obligation. In my case Cathy was the core of my campaign. I could not have done a fraction of it without her. She feels a huge sense of loyalty and gratitude to those who came to help.
Candidate energy is reinforced by the lasagna left at the front door, the friend who arrived one afternoon a week to update lists and print thank you letters, the work colleagues whose politics are unknown who ask to deliver pamphlets, the nieces and nephews who turn out to wave placards despite the embarassment of being seen by others from their schools, the friends who drop in cheques despite politics I know differ from mine.
These things carry you through the muck-ups, deliberately blank stares, the half heard passing insults, the spit on the car, the tasks not done, the lies about you that will never be corrected.
They also carry you through the times when our puppy ate a box of National Party rosettes, when the police had to push our bright gold VW through the Courtenay Place intersection when it broke down, when Cathy had to fetch Rugby League guys out of a meeting to push the car up Molesworth Street, when I was thinking so hard about the issues at meetings that I forgot to ask for votes and when my voice disappeared just when I was about to make phone calls to the whole electorate.
There were many times when I thought of things I’d rather be doing – big things like mountain biking with friends or little ones like sleeping. This has been all consuming.
Now I think of how to thank all those who did all the things that make a campaign, knowing it is a gamble right to the end. I’m grateful to the voters who gave my volunteers the seesaw results over Saturday night. We had times of jubilation for Wellington Central as well as disappointment.
And I’m grateful too that our local disappointment is moderated for my volunteers by the celebration of winning the Party Vote for National in Wellington Central, but most of all by a nationwide victory.
To my volunteers – thank you, thank you, thank you.
There’s no substitute for being inside a Parliamentary party if you have a consuming passion for improving the law. Some plans and policies germinate there. Other policy seedlings are transplanted in. Whether germinated within or transplanted they can be fragile. Great solutions can be punctured in a casual instant. Stupidities may consume months of effort if that puncturing shaft is delayed.
I badly wanted to put my 6 year Parliamentary apprenticeship to that good use. There are such opportunities and problems to work on – like restoring speed and certainty of consequence to offending, in fighting for ambition and quality in education, in committing to law that means what it says.
I’m disappointed but I deplore public whining. New Zealand gained little when we gave up the stiff upper lip.
So I’m looking on the bright side. I can earn more, and be master of my own time. I’ll find interesting clients and companies to work with doing things I’d otherwise never learn about. I enjoy company directing as well as public policy work.
When I left Parliament 3 years ago, I wanted to spend most of my time on public law (what Sir Geoffrey Palmer was best known for). I soon found that fear of vindictiveness from Labour scared a number of clients into keeping my help behind the scenes.
That constraint is now gone. With Sir Geoffrey chairing the Law Commission, and the reforming zeal of a government elected to change New Zealand in the face of a financial tsunami, there should be more than enough for public lawyers to do.
The key results before reporting special votes are as follows:
2008 preliminary result comparisons
Party |
2008 |
2008 |
2005 |
2002 |
National |
11863 |
35.78% |
32.66% |
19.96% |
Labour |
11339 |
34.2% |
49.32% |
36.89% |
Green |
6657 |
20.08% |
15.78% |
16.25% |
ACT |
1403 |
4.23% |
2.05% |
11.97% |
|
|
|
|
|
Candidate |
2008 |
2008 |
2005 |
2002 |
Robertson |
14120 |
42.58% |
Hobbs 49.32% |
Hobbs 41.06%
|
Franks |
12603 |
38.08% |
Blumsky 34.23% |
Parata 29.54% |
Kedgley |
4464 |
13.46% |
9.13% |
13.05% |
Roy |
738 |
2.2% |
Franks 1.8% |
Franks 7.78% |
Wellington has three of its four leading candidates in Parliament (though having only one of them in government (Heather Roy) could feel different for Wellingtonians).
Grant Robertson will take over from Marian Hobbs. She was deservedly popular for her warmth and energy. He was in her office as her apprentice for many months. I believe in apprenticeship, absorbing duties and behaviours while serving time, as Grant has.
He’s evidently aimed at this for some time. Perhaps Wellingtonians, steeped in politics, will always prefer the focused skills that become second nature to career politicians. I used to go home after the multi-candidate election meetings sure I could never match his opening speech ability to stay so tightly “on message”.
As I go back to rebuild my law practice, and directorships, I’m sure we’ll have reason to work together in Wellington. Friends we have in common have attested to his intelligence and personal warmth. I look forward to seeing that side of Grant.
For Dominion Post coverage of election night see Victory in the Shadow.
After reflecting this morning about endorsements I’m of course appreciative of Peter Mckeefry’s in Kiwiblog’s guest "editorial" this morning. I’ve generally sought author approval before citing endorsements, but I am sure that this excerpt is public enough to lift:
"I can and will vote Stephen Franks. He has major intellectual grunt. He is a hard worker and has been successful in his career as a lawyer and as a politician. Stephen has similar values to myself and I will be proud to have him represent me and my family in Wellington Central. The Labour Party have been spreading lies about him – such is the mentality of the negative campaigning. I have taken much joy in ripping down those lies that are posted on private property around the city."
I did not know you were among the graffiti cleaners, but thanks Peter for the endorsement.
Peter really cleared the air at a multi-candidate meeting in St Joseph’s beautiful new church hall in Mt Victoria, with some blunt questioning of cliches about poverty from Labour (Grant Robertson) and Green spokespeople (not Sue Kedgley).
My companions in the lift on the way up confirmed my suspicion that lunch was supposed to include some chewing on me. Yet the audience and the questions were courteous at Monday’s lunchtime debate with the Labour candidate before 60 – 80 members of the Public Service Association.
Scrupulous chairing and the natural good manners of the public servants made it a pleasure.
My key point was the one I have made throughout – that I want to be their strong advocate inside a new National government. Wellington will need that if the rest of the country turns to grumpiness in tighter times. An electorate MP outside government will have far less influence for Wellington than the city has been used to.
The PSA’s partisan support for Labour is not in doubt, but some at least of the audience were looking for a change in government, because they told me so (though discreetly as they left).
When a question led to the issue of Ministerial disloyalty to their public servants, audience faces showed I did not need to labour the point. The PSA’s ideological suspicion of National has not blinded them to Labour’s unworthiness to loyalty.
If it had not been so obvious I had a little reminder list of public servants who’ve been slagged off or otherwise damaged by Labour:
- Madeline Setchell
- Erin Leigh
- Kit Richards
- Six involved in the motorcade scandal (five police and one ministerial driver)
- Immigration officials: former Minister Lianne Dalziel lashed out at immigration officials in 2000 after a bungled dawn raid on a Filipino family wrongly deported this week
- SFO – Cullen attacked them re Privileges Cttee evidence against Winston.
- Treasury – advice to cut taxes dismissed as "ideological burp" but then this year Clark said govt had not considered tax cuts til now because never had any advice from Treasury that it was possible
- MFAT – Air NZ ferrying troops to Afghanistan. Simon Murdoch had to carry the can
- Peter Doone
- MSD speechwriters: Ruth Dyson claimed that she never delivered the "triples" speech, because often the speeches that were written for her weren’t up to scratch
- Kevin Brady, Auditor General, for his finding regarding the pledge card
- Human Rights Commission when they criticised the Electoral Finance Act
- Helena Catt, CEO of the Electoral Commission, who has had to understand and interpret the EFA
- Mark Prebble who carried the can for H Clark during the Corngate storm in the 2002 election campaign when she promised full disclosure of documents because her government had nothing to hide but it became apparent that a key memo had been withheld.
- Te Puni Kokiri blamed by Trevor Mallard and Helen Clark for not providing good advice to Parekura Horomia (when Parekura Horomia was unable to answer questions about Te Mangai Paho in the House ”the Minister is sitting at the top of an advice structure which has served him very, very badly”
Clark has also said that Labour doesn’t get its policy ideas from the public service
Good job interviewers know that referees rule. I’m therefore incredibly grateful to the more than 60 Wellingtonians who offered endorsements, with their consent to give them to the job interviewers – i.e. the voting public. They’ve earned the primary right to hold me to account as an MP.
Of course I’ve been touched by people who must be publicly neutral who’ve nevertheless gone out of their way with encouragement.
But public endorsement is humbling. Some people I’ve known for 30 years and some I’ve worked with on the campaign. Some are young and idealistic and others have given more to Wellington in their generous and busy lifetimes than I could hope to achieve.
The messages are here or under the button "What do Wellingtonians think of Stephen?" These are the first five:
Stephen Franks is a wonderful Wellingtonian! He is vastly experienced commercially, but more importantly has a lovely family, is intelligent, passionate, honest and committed. Regardless of your political persuasion Wellington Central could not have a better MP to represent it in Parliament. Lloyd Morrison, businessman and arts and sports benefactor, Kelburn.
I am confident that Stephen is the right person to represent our Wellington community. I have always been impressed with how he takes time to listen, think and follow up to fully understand issues that need to be dealt with effectively. David Carson-Parker, arts patron and administrator, Mount Victoria.
Stephen is a straight-up guy. He won’t beat around the bush if you ask him a straight question and he will walk the talk. He knows how to get the job done and will work hard for you. Vote Stephen Franks! Ira Vickerman, builder, Johnsonville.
I am prepared to abandon a lifetime of being overtly apolitical, to wish Stephen well in his campaign, and express the hope that he will be elected as MP for Wellington Central. Wyn Beasley, writer and retired surgeon, Wellington
Beyond a doubt, Stephen Franks is the best candidate in Wellington Central. A deep thinker, Stephen exemplifies honesty, fairness and thoughtfulness during his previous term in parliament. Stephen has the potential to be a future minister. Sam Kwok, President of the Tung Jung Association of New Zealand, Northland.
Vote with Both Eyes Open has tried to get more traction for its smear poster campaign.
I’ve now had a chance to talk to the Young Nats about the website statement. They regard this as a beat-up, designed to attract attention to the slur campaign in the poster, and to keep an irrelevancy running. They’ve dealt with these posters incidentally, and paid no organised attention to them.
The posters were apparently all on illegal sites. It’s a form of graffiti. We’ve been sticking to the law. They have not.
We tried to get Labour and the other parties to agree on how to deal with signage. Three parties responded supportively. Labour and the others responded dismissively.
I regard the posters as an integral part of a despicable campaign designed to fit in with Labour’s nationwide strategy of innuendo and smear, because debating policy will not get them there.
None of us know the person in the pink shirt in the large website photograph. He may be one of the many people who have spontaneously removed them. I’ve had calls from people I do not know asking me if I know about the posters and telling me they’ve removed them.
This may be part of the posterers’ attempt to get their retaliation in first, because Young Nats photographed them postering this morning on illegal sites. I do not know if there are any lawful sites used. Certainly I’ve not heard of any of those posters on the election signage sites permitted by the Wellington City Council.
The poster people seemed to my supporters to be from Both Eyes-Open, whereas the posters were authorized by another person, a Ffion Evans.
It seems Both Eyes Open is now claiming the posters.
Anyone may remove graffiti or other messages posted in breach of bylaws. The EFA means that we can not do the normal response in a democracy by distributing negating material, even if it did not simply magnify the damage. So I thank those who have exercised their rights.

A keen cyclist myself, I enjoyed showing these cyclists round Parliament during their Cape Reinga to Bluff ride. They’re called the Antique Riders, all aged over 60 and averaging 150km per day fundraising for St John Ambulance. They were having a good time encouraging people of their age to be active.
Wellington medical friends have told me of their work frustration. Now I’ve had earfuls of chapter and verse from three months of door-knocking.
The Labour candidate has been fond of telling Wellington Central meetings about Labour’s impact on GP fees. Unmentioned is a consequence – worried people in our region who simply can’t find a GP who’ll enrol them. Anecdotally they’re in the thousands.
Discovering the true state of health care has been a revelation for me. The background work by Tony Ryall and his team on health policy has made it an area in which I’ve been most proud to represent National. We do not promise revolution. We’ll make Health much better in the next few years, not by magic bullets, but simply by having people who know productive management as well as they know political management. National MPs have employed out of their own pockets. They know that good businesses and organisations come from letting your good employees do lots of little things better.
So I’m optimistic.
The Labour system exploits the dedication of clinical staff to keep going. It continues because others don’t want to know or believe the rundown of care in our first world capital city. Clinicians (and I) are baffled by the way Labour has not been gored despite official report after report showing disastrous political mismanagement.
Health is unique but from having led my law firm I know a little about some professional workplaces.
I’m struck by the helplessness and cynicism of frustrated doctors and nurses. They feel subordinate to non-medical management. It’s unique.
For other professions ‘managerialism’ was a 1990s phase, when we were told to leave management to career managers. Now other professionals are back in control of their own practices, or work for colleagues they respect professionally.
Over-riding clinicians is not necessarily the ‘fault’ of health managers. The system was designed by politicians good at politics but with little other experience. They’re mistrustful. They demand a finger in every pie and an eye on every activity. Letting others decide is alien to them.
So we’ve had persistent failures in health, despite spending increases. Money is important but spirit and freedom to use initiative are equally vital.
National’s changes will respect the professionals actually treating sick people.
But outsiders are ineffective. True improvement will need intelligent pressure from within government. I’ll offer that as MP for Wellington Central. I do not make promises lightly. In my six years in Parliament I tried never to criticise unless I could see a solution.
I’m determined to be a champion for clinicians, and for Wellington. Patients will be the beneficiaries.
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