‘I have not and I would not lie’: Judge gives her account of what happened at the Northern Club

Thursday, 12 February 2026

“I have been completely truthful and open in all conversations about this incident, and I have not, and I would not lie, nor would I provide any written material containing lies. I reiterate this because of the implicit assertions that I have been dishonest about what happened.”

Those were the words of Judge Ema Aitken when she spoke publicly for the first time giving evidence as she “fights for her judicial career” after making “spontaneous” comments about Winston Peters’ speech at the Northern Club.

Aitken, a District Court judge of nearly two decades, is facing a Judicial Conduct Panel in Auckland this week - something that is unprecedented in New Zealand.

The panel is hearing evidence before they prepare a report for acting attorney-general Paul Goldsmith, on whether or not Judge Aitken should be removed from the bench.

Earlier on Thursday, NZ First minister Casey Costello maintained what other witnesses had said - that the judge was “yelling” or “calling out” to then deputy prime minister Winston Peters.

At the time, Peters was giving a speech at the club about “tikanga Māori law overriding the Westminster system”. Judge Aitken said she was exiting the bathroom when she heard a male voice say those words and saw a woman smiling at her from a table.

She said she did not know it was Peters speaking, did not see him, did not initially recognise Costello at the table and saw no NZ First signage.

“I just spontaneously responded. I smiled and mouthed the words, ‘That's not true’ to the woman who was looking at me,” the judge said.

“What I heard was factually incorrect, and I thought such misinformation could be divisive… I thought it could well give the wrong impression about the law. Tikanga is not and never has been the law… It was a shock to hear somebody state this to be the position.”

Earlier in her evidence, the judge explained she had been on extended leave visiting family in London from March through to August, before returning to the bench for an intensive eight-week stint.

On the afternoon of November 22, 2024, Judge Aitken was presiding over a sentencing court at the Auckland District Court. She described one young man’s case as particularly challenging because, despite him working hard on rehabilitation, she had no choice but to sentence him to jail. She sat late until about 6pm to complete three or four other sentences.

The judge said she and her partner, intensive care specialist Dr David Galler, arrived at the Northern Club at around 7pm that night for a judges’ end-of-year function.

Galler purchased a bottle of champagne and she had one or two glasses with a meal before going to the bathroom.

Judge Aitken, who said she’d not frequented the Northern Club and had only been for functions, asked a staff member where the bathroom was.

When she exited the bathroom, she went a different way by mistake, ending up outside the Wintergarden room - where the NZ First function was being held.

Judge Aitken maintained Peters was speaking about tikanga, however NZ Party secretary Holly Howard said in a statement in 2025 that it was about the Treaty Principles Bill.

Judge Aitken recalled saying aloud words to the effect of: “This is misinformation, or what he's saying is incorrect, or that's a lie.”

“I do not believe I was shouting or yelling… I am not a person who shouts or yells, even in the most taxing times, which are plentiful in the District Court setting. I do not know if I seemed loud as originally described by Ms Howard, as the area was silent but for the male speaker.

“I cannot really explain why I responded like this, other than that I was tired and the speaker's statement was so palpably wrong. It was reactionary and rude of me, which is not consistent with my character or reputation.”

Within seconds, Howard approached her from the Wintergarden room, put her hand on the judge’s shoulder and steered her back down the corridor.

“As we walked down the corridor towards my function room, I said something to Ms Howard, words to the effect of: ‘He's lying, how can you let him say that?’ Or ‘He's a liar, how can he say that?’”

Again, Judge Aitken reiterated she was still unaware it was Peters speaking or that it was a political function.

“I then made a comment to the woman I now know to be Miss Howard along the lines of, there is a room full of judges who might have a different view to what the speaker was saying.”

The judge said, while Howard was steering her down the corridor she looked back over her shoulder to see who was speaking. It was at that point she saw Peters.

“I would never knowingly involve myself in the political sphere and breach my comity obligations, nor would I ever deliberately reference or involve another judge or judges in the political sphere and jeopardise or impeach their comity obligations.”

After she returned to her table at the judges function, she made the comment, “Oops or oh, God, I’ve just called Winston Peters a liar”.

“I was clearly indicating I had made an inadvertent mistake.”

Judge Aitken said she could clearly remember pointing her finger at her partner and, using a “very firm tone”, said “don’t get involved or don’t go out there”.

“I did not want David to engage in any discussions about health concerns as he was at a judges’ function.”

The judge didn’t learn until days later, after some talk in the judges common room, that Galler did not “heed her words” and became involved in a separate incident.

“When I found this out, I was very disappointed in his conduct as he was attending a judges’ dinner.”

Judge Aitken then set out her interactions with Chief District Court Judge Heemi Taumaunu and the letter of apology she wrote to New Zealand First.

She told the Chief Judge what had happened and it was consistent with her evidence on Thursday, she said.

“I would not and did not lie, and nor would I attempt to minimise or excuse my conduct.”

When the Chief Judge told Aitken her conduct could be put to the Judicial Conduct Commissioner, “I clearly remember saying ‘bring it on’. I knew I had, had not knowingly done or said anything to breach comity, and I believe such an investigation would reach the same conclusion.”

Judge Aitken said the Chief Judge and Chief Justice were worried about how her conduct would impact the relationship with “the executive” - the Government and NZ First.

She told the Chief Judge she was “initially reluctant” to apologise for a situation that was now being classified as political.

“I also had concerns that because I was a judge, I was somehow being held responsible for the conduct of others that night, namely David and Michael Reed KC… I did, however, tell Chief District Court Judge that I would take ownership of my behaviour.”

Judge Aitken did not finish reading her brief of evidence on Thursday and will continue on Friday.

‘Yelling from the foyer’

Earlier on Thursday, Casey Costello read a diary note she made following the incident - an old habit from her years as a police officer.

In the diary note, she said there were a “series of disruptions” at the event.

A blonde fair-haired woman (who she later learned to be Judge Aitken) started calling out during Peters’ speech. “This is lies,” she said, according to the diary note, “you don’t know what you’re talking about… this is disgusting.”

“From my observation of the events, the judge must have known it was Winston Peters. Mr Peters has a distinct voice and had been speaking for some time,” Costello said.

Costello also said Judge Aitken would have been able to see Peters as she walked down the stairs from the bathroom.

The minister also made a note about a moment later on in the evening, as she walked out into the foyer. A male unknown to her, who she said smelt intoxicated, came up to her and said, according to the note, “You are despicable, hope you are ashamed of yourselves, you disgust me… You are responsible for killing hundreds of people. You should be proud.”

Costello later learned that man was Dr David Galler, Judge Aitken’s partner and an intensive care specialist. She said she initially made the diary note because of the “aggressive” interaction with Galler about the tobacco industry.

Later on Thursday, NZ First party president Julian Paul recalled the night and said he didn’t see the incident involving Judge Aitken but heard “loud talking” outside the Wintergarden room.

He later said on December 10, 2024, he received two letters of apology - one from the Chief District Court Judge and one from Judge Aitken.

A video was also played that Paul took of Michael Reed KC (Judge Nicola Mathers’ partner) who had been at the judges function that evening.

Reed had entered the Wintergarden room later in the night, after 9pm.

“Don’t touch me or I will sue you for a lot of money,” Reed can be heard saying in the video.

“Will you tell Winston from me please that I’m upset about being a New Zealand First supporter. I’m on the mailing list,” Reed said.

District Court judges requested to give evidence

Earlier on Thursday, Special Counsel Tim Stephens KC asked if the panel could request, on their behalf, Judge David McNaughton and Judge Pippa Sinclair to attend to give evidence about their recollections of the night.

On the night in question, Judge Aitken and her partner, Galler, were seated at a table with District Court judges Nicola Mathers, David McNaughton, Pippa Sinclair, Allison Sinclair and their partners.

Special Counsel previously told the panel that Judge McNaughton didn’t wish to speak to him, but was happy to speak to the panel.

Jones previously said he had no issue with those who shared Judge Aitken’s table being summoned to give evidence.

“I suspect they don’t want to co-operate with Special Counsel because of his role… they see him as persecuting one of their own.”