The behaviour of a judge accused of disrupting a NZ First fundraising event in Auckland in 2024 has been described as "loud and threatening" by party secretary Holly Howard.
By Laura Tupou
Judge Ema Aitken has appeared before the Judicial Conduct Panel – accused of disrupting the party's fundraiser at Auckland's exclusive Northern Club in 2024.
The panel – Lieutenant General Sir Jerry Mateparae, Brendan Brown KC, and Justice Jillian Mallon – must report back to acting Attorney-General Paul Goldsmith on whether Aitken should keep her job, or not, and why.
Howard today gave evidence describing the events which unfolded on November 22, 2024 outside the club's Wintergarden Room with around 50 people in attendance.
The party secretary said she was the MC on the night and, in her role as secretary and deputy Chief of Staff, she also dealt with all security matters.
"I was in a heightened state of awareness at this time because in the previous month – that is, October 2024 – the New Zealand First Party conference in Hamilton was interrupted by protesters," she told the panel.
"This incident was fresh in my mind. I was therefore on alert for any signs of potential repeats."
Howard said NZ First leader Winston Peters was delivering a speech on the "highly topical" Treaty Principles Bill, one week after its first reading in Parliament.
She said a woman – who she later identified as Aitken – walked past her during the speech and was out of sight "for about three minutes". Howard said she had assumed the judge had gone to the bathroom.
When Howard saw Aitken again in the foyer, Peters was speaking about the way tikanga was being taught at law schools.
"Given that I was facing the speaker and because of my location in the room, I heard the woman before I saw her.
"I heard her react to the Deputy Prime Minister saying – and explained loudly – 'he's lying'," she said.
Howard then saw Aitken walking towards the Wintergarden Room and put her arms out to her side to physically block the judge.
"As I'm doing that, she [Judge Aitken] says, 'There's a room full of judges next door who will be very interested in hearing what you've got to say'," Howard told the panel. But Howard said Aitken did not name Peters.
"It was loud and it was threatening."
Howard provided an account of what happened in a letter to the Northern Club later that month. Aitken's lawyer David Jones KC cross-examined Howard on the discrepancies between the letter and her statements before the panel.
"Which one is right?" Jones asked.
"The statement," Howard replied.
"Is that because you want to increase the focus on the judge and so New Zealand First can get some leverage in terms of judicial activism?" Jones put to Howard.
"We get no leverage out of this," Howard said.
"Of course not," Jones replied.
There were two other incidents that night, Howard said, that involved Aitken's husband intensive care specialist David Galler, and Michael Reed KC.
The Judicial Conduct Panel hearing will continue tomorrow.
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