The unprecedented Judicial Conduct Panel hearing into New Zealand District Court Judge Ema Aitken’s alleged disruption of a political function has intensified, with defence counsel dismissing witness testimony as exaggerated and politically motivated.
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Judge Aitken—the first New Zealand judge to face such proceedings—is fighting for her judicial career over events at Auckland’s Northern Club in November 2024.
NZ First party secretary Holly Howard testified that Aitken yelled that then-Deputy Prime Minister Winston Peters was lying and attempted to enter the private function. Defence counsel David Jones KC put it bluntly to Howard: her account was “rubbish” designed to help NZ First “get some leverage in terms of judicial activism.”
Howard denied the accusation, insisting the party gains nothing from the proceedings. She told the panel she had been in a “heightened state of awareness” following disruptions at the previous month’s NZ First conference in Hamilton, prompting her to monitor a woman in a yellow dress—later identified as Judge Aitken—who appeared to be paying unusual attention to the function.
The hearing also saw video footage of Auckland barrister Michael Reed KC being ejected from the same event after allegedly taking photographs against venue rules. In the footage, Reed can be heard telling staff not to touch him or he would “sue you for a lot of money.”
Howard characterised Reed’s behaviour as unstable and expressed concern for Cabinet ministers in attendance. She noted the venue’s expectations: “This is not Denny’s.”
Jones KC has identified what he calls significant discrepancies between NZ First witnesses’ original accounts to the Northern Club and their formal evidence to the panel. Howard conceded there were “errors” in her initial letter but maintained she had told the truth at all times, explaining her focus had been on identifying individuals rather than providing a detailed account.
The Judge’s Defense
Judge Aitken maintains she did not shout, did not recognise Peters’ voice when she responded to remarks about tikanga Māori being taught in law schools, and had no knowledge she was passing a political event.
Special Counsel Tim Stephens KC emphasised the hearing’s purpose is protective rather than punitive—aimed at maintaining public confidence in the judiciary.
The three-person panel, led by retired Court of Appeal Judge Brendan Brown KC and including former Governor-General Sir Jerry Mateparae and Justice Jillian Mallon, will deliver recommendations to Acting Attorney-General Paul Goldsmith by Easter.
Customs Minister Casey Costello is scheduled to give evidence Thursday.
The hearing continues.
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