The unprecedented Judicial Conduct Panel hearing into District Court Judge Ema Aitken’s conduct has entered its evidentiary phase, with NZ First officials providing testimony about events at Auckland’s Northern Club in November 2024.
Video footage was played to the panel on Wednesday showing Auckland barrister Michael Reed KC being asked to leave the NZ First function on the evening in question. The footage emerged as part of evidence concerning events surrounding Judge Aitken’s alleged disruption of the political gathering.
Witness Evidence
NZ First party secretary and deputy chief of staff Holly Howard provided testimony about the evening, stating she was in a “heightened state” due to previous disruptions at party functions.
Howard described seeing a woman in a yellow dress – later identified as Judge Aitken – passing the function room door. According to Howard’s evidence, she heard the woman react to comments being made by then-Deputy Prime Minister Winston Peters.
“I heard her react to the Deputy Prime Minister and exclaim loudly, ‘He’s lying’. She was yelling,” Howard told the panel.
Howard testified that the judge appeared to direct comments toward NZ First Cabinet minister Casey Costello, including words to the effect of “How can you let him say that?”
The witness said she used “de-escalation training” to redirect the judge away from the function room.
Judge Aitken’s Position
Judge Aitken has consistently denied the accounts provided by NZ First officials. Her position, as outlined through her legal counsel David Jones KC, is that she did not shout, did not recognise Peters’ voice when she responded to remarks she overheard about tikanga Māori being taught in law schools, and did not know it was a political event.
The judge maintains she was returning from the bathroom when she inadvertently passed the function and responded to comments she found objectionable.
Conflicting Accounts
Jones KC subjected NZ First witnesses to detailed cross-examination, identifying what he characterised as inconsistencies between written accounts provided to the Northern Club shortly after the incident and the formal briefs of evidence submitted to the panel.
Jones described some witness evidence as containing “errors” and suggested that NZ First officials were “creating a different version” of events. He also questioned whether the party sought to “leverage” the incident by increasing focus on the judge’s involvement.
Video Evidence of KC
The panel was shown video footage of Reed at the NZ First function. In the video, Reed is seen being asked to leave the private event after reportedly taking photographs, which was against venue rules.
“Don’t touch me or I will sue you for a lot of money,” Reed is heard telling a Northern Club staff member in the footage.
Reed, who was attending a separate function at the Northern Club that evening along with Judge Aitken and others, is seen being escorted from the room. In the video, he states: “I’m not disturbing anyone” and “I just stood there.”
Howard described Reed’s conduct in her testimony, characterising his behaviour as that of someone who “was acting unstable.” She told the panel she had concerns about safety given she had “Cabinet ministers in the room.”
“It was conduct I would not have expected to see inside a venue like the Northern Club. This is not Denny’s,” Howard testified.
Separate Proceedings
It should be noted that Reed is not the subject of the Judicial Conduct Panel proceedings. Judge Aitken has stated through her legal representatives that her interactions on the evening were completely separate from those of Reed and her partner, Dr David Galler, and that she had “no idea” what occurred regarding Reed beyond media reports.
NZ First board member Dorothy Jones, who organised the event, also provided evidence to the panel. When questioned by defence counsel, she acknowledged that the party’s primary concern following the incident was Mr Reed, whom she understood to be “a litigious man.”
Historic Hearing
Judge Aitken is the first New Zealand judge to appear before such a panel. The three-person panel is led by retired Court of Appeal Judge Brendan Brown KC, and includes sitting Court of Appeal Justice Jillian Mallon and former Governor-General Sir Jerry Mateparae.
The panel will prepare a report for acting Attorney-General Paul Goldsmith, including a recommendation on whether the judge’s conduct warrants consideration of her removal from office. The final decision rests with the Attorney-General.
Special Counsel Tim Stephens KC, presenting the case to the panel, emphasised that any potential removal “is not a punitive measure, it’s protective” – aimed at maintaining public confidence in the judiciary.
Jones KC characterised his client’s situation as “fighting for her judicial career” over what he described as a 30-second interaction that had been “blown out of proportion.”
The hearing continues.
