Judge says she didn’t recognise voice of Winston Peters

Monday, 17 March 2025

District Court judge Ema Aitken agrees her behaviour at the Northern Club last November was rude and inappropriate but says she didn’t recognise Winston Peters’ voice, or know a New Zealand First function was being held.

Aitken is challenging a recommendation that she should face a judicial conduct panel for her behaviour at the club.

The incident at the Northern Club was first revealed by The Post.

Her account of what happened emerged at the High Court hearing in Wellington on Monday about the Judicial Conduct Commissioner’s recommendation.

In a letter to the commissioner dated January 16, she said she took a wrong turning while attending a judges’ function at the private club, and overheard comments from another function to the effect that law students were being taught that tikanga Māori law overrides the Westminster system.

She thought the statement was incorrect and mischaracterised the important role of tikanga.

She said she mouthed the words, “That’s not true”, to someone who looked familiar and was sitting near the door. She now knew the person was New Zealand First MP Casey Costello.

In a normal tone of voice she disagreed, to the effect that it was untrue and misinformation. It was difficult to remember the precise words.

The complaint against her alleged she said, “He’s lying, how can you let him say that?”

Two people put a hand on each shoulder and ushered her away.

As she left she turned and realised the speaker was Peters. She had not known it was a New Zealand First function.

She reacted to an unexpected and what she thought was an unreasonable statement. If she could turn back the clock she would not have said anything.

In early December the Chief District Court Judge contacted her saying events had caused some concern for him and the Chief Justice. It was agreed she would apologise.

Responding to the allegations, she said she did not yell and did not think she made a scene or tried to enter the function room. Her involvement was momentary and accidental, she said.

Her letter included remarks about her attitude to her role as a judge, recognition of Māori in the justice system, Māori culture and tikanga.

A letter to New Zealand First apologised for disruption she caused and for making rude, uncalled for and inappropriate comments. Aitken apologised to all attending, particularly the deputy prime minister and other ministers present.

Her lawyer, Paul Rishworth, KC, said removing the political aspect changed the allegations against Aitken, he said.

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Short of recommending a judicial conduct panel be set up, the commissioner could have referred complaints to the Chief District Court Judge to deal with.

Part of the judge’s case for a review was how far the commissioner should have investigated the differences in accounts of what happened.

Rishworth said Aitken raised four grounds of complaint about the commissioner’s process: that the commissioner’s decision did not set out any legal standard against which to measure her conduct; there were no sufficient reasons for his decision; the decision was not based on sufficient enquiry as to whether the alleged conduct was sufficiently serious to warrant removal from office; and the decision did not explain or identify factors about the conduct compared to the standard.

Consideration of the recommendation for a judicial conduct panel is on hold while the case is before the High Court.

*CLARIFICATION: An earlier version of this article did not clarify that Judge Ema Aitken could not remember the precise words she said to Casey Costello. Aitken says it was to the effect it was untrue and misinformation. (Amended March 17, 2025. 8.29pm)