New Zealand Judicial Conduct Controversy
KC Gary Williams opined on the Northern Club brouhaha involving District Court Judge Elizabeth Aitken and her unfortunate interaction with the New Zealand Party meeting at the Club, leading to a series of events that ultimately lead to her being metaphorically hauled before the Judicial Conduct Commissioner.
As Williams KC noted in his LinkedIn post, the provisional role of the JCC in such inquiries, balancing the need for judicial accountability on the one hand and judicial independence on the other. Judge Aitken continues to have both hands full at present.
The Gary Williams post is below –
The High Court has recently issued a significant judgment concerning judicial conduct and accountability in New Zealand (Aitken v Judicial Conduct Commissioner [2025] NZHC 987).
District Court Judge Elizabeth Aitken sought judicial review of a decision by the Judicial Conduct Commissioner recommending that the Attorney-General appoint a Judicial Conduct Panel to investigate her conduct. The matter arose from an incident at the Northern Club involving attendees of a New Zealand First event, including Deputy Prime Minister Winston Peters. Two sharply contrasting accounts of the incident emerged, one suggesting inadvertent comments by the Judge, and another alleging deliberate and politically charged interference.
Judge Aitken argued the Commissioner’s decision was unlawful on several grounds, including failure to clearly articulate the applicable legal standard for judicial misconduct, inadequate reasoning, insufficient preliminary investigation, and lack of clarity regarding the scope of any future inquiry.
The High Court dismissed Judge Aitken’s application, affirming the provisional and preliminary role of the Commissioner and clarifying the limited nature of his investigative responsibilities at this stage. The Court emphasised:
“The Commissioner’s opinion required under s 15 is highly provisional. It is a low threshold. He does not find facts and has no power to undertake a forensic enquiry into disputed matters of significance to the determination of the merits of a complaint.”
This decision underscores the careful balance maintained by the Judicial Conduct Commissioner between protecting judicial independence and ensuring accountability. It clarifies the provisional nature of initial inquiries and reinforces that detailed factual determinations are appropriately reserved for a Judicial Conduct Panel, if appointed.
