Justice head responds to news of fracas with ‘uh-oh’ emoji
Tuesday, 8 April 2025
The country’s top legal adviser warned the secretary for justice about “a fracas at the Northern Club” that would later see a district court judge apologise for gatecrashing a NZ First party.
District Court judge Ema Aitken and her husband, intensive care specialist David Galler, were attending an end-of-year bash for district court judges at the exclusive venue in late November, when they gate-crashed a private fundraiser in a neighbouring room.
An independent report into the incident said she “verbally attacked” members of the party, including deputy prime minister Winston Peters.
Text messages released to The Post on Monday reveal that solicitor-general Una Jagose messaged justice ministry chief executive Andrew Kibblewhite on December 11, almost three weeks after the events.
Jagose messaged to say: “Also have you heard about the fracas at the northern club between DCJs [district court judges] and NZ First Christmas parties?”
Within eight minutes, he responded with: “Oh dear. No.” The message was accompanied with the “uh-oh” emoji.
He followed up with: “Did comity not prevail?”
Comity refers to the principle where the legislative and judicial branches of government mutually respect each other's roles.
“I’ll catch you up,” Jagose responded. “Perhaps tomorrow or Friday? CJ [chief justice Dame Helen Winkelmann] and CDCJ [chief district court judge Heemi Taumaunu] trying to manage it. But DPM [deputy prime minister Winston Peters] very upset.”
Kibblewhite shot back a grimacing face emoji and the message: “As soon as you can please.”
It’s not clear whether the two caught up, and a message between the two on December 17 was redacted by justice ministry staff.
A day later Kibblewhite and Jagose exchanged a link to The Post’s exclusive story on the scandal.
Aitken allegedly shouted at Peters as he gave a speech to supporters.
The independent report also said Galler, a reality TV star, made remarks to Minister and NZ First MP Casey Costello and a Northern Club staff member that he later apologised for.
At the same event prominent lawyer Michael Reed KC refused to stop photographing staff after being asked to stop, an encounter that was captured on video.
Aitken later wrote a letter of apology to NZ First, saying her comments were “rude, uncalled for and inappropriate” but claiming she was unaware Peters was speaking.
Taumaunu has also apologised on behalf of the court.
Once the incident became public, judicial watchdog Alan Ritchie launched a “preliminary examination” and later recommended the government appoint a panel to investigate complaints.
Aitken is now challenging that recommendation in the High Court and disputes some of the account in the independent report. She said her involvement was momentary and accidental, she did not yell, did not think she made a scene or try to enter the function room.
The text messages were included in correspondence released to The Post following an official information request.
It also reveals a copy of The Post's story was sent around a ministry group chat. Carl Crafar, the ministry's chief operating officer, responded with a “face palm” emoji.
The ministry’s media staff also had to scramble to prepare “back pocket lines” - responses to questions from media - for justice minister Paul Goldsmith and courts minister Nicole Mckee.
Those “lines” were redacted from the document release.
*CORRECTION: An earlier version of this story had incorrectly attributed the texts between Solicitor-General Una Jagose and Justice Ministry chief executive Andrew Kibblewhite around the wrong way. (Amended, April 8, 2025, 8.12am)