A judicial conduct panel inquiring into the actions of a judge involved in an alleged incident at an exclusive Auckland club in 2024 has found her removal from the position is not justified.
District Court judge Ema Aitken was accused of disrupting a NZ First party fundraiser at the club on November 22, 2024, allegedly saying then-deputy PM Peters was "lying" while he was giving a speech.
It had been the subject of extensive media coverage and an unprecedented judicial conduct panel hearing.
Then-Attorney-General Judith Collins had referred the matter of Aitken's alleged conduct to the Judicial Conduct Commissioner.
The panel – which included Lieutenant General Sir Jerry Mateparae, Brendan Brown KC, and Justice Jillian Mallon – had to report back on whether Aitken should keep her job, or not, and why.
Today, Justice Minister Paul Goldsmith said the panel found a removal would not be justified, however her actions were a “serious breach of comity”.
“Comity requires each branch of Government – the Executive, the Judiciary and the Legislature – to act with mutual restraint and respect towards the others.
“However, the Panel considered the Judge’s conduct fell short of the high threshold of 'misbehaviour' necessary to warrant consideration of her removal.”
Aitken would remain an Acting District Court Judge until her warrant expires in February 2027, Goldsmith said.
“I would like to thank all those who participated in this assessment and the panel members for their service. Judicial conduct panels are an important mechanism to maintaining trust and confidence in the judiciary.”
Aitken has denied shouting at Peters – she said she did not know he was there – and disputed characterisations of how she acted on the evening, but had apologised for "rude" behaviour.
No judge has previously been removed from the bench through the process.
Aitken, her husband, intensive care specialist Dr David Galler, and barrister Michael Reed KC are no longer able to return to the venue, the club's president told members in a newsletter last month.
The trio were not members.
Reacting to the outcome, Peters said on social media: "The Judge Aitken panel findings have been released.
"We have never made a public comment on this issue due to maintaining the important separation of the judiciary and parliament – ironically the very reason this hearing was established in the first place."
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