High-powered panel appointed to investigate Judge Ema Aitken

Monday, 28 July 2025

Sir Jerry Mateparae is a former Governor-General, High Commissioner to the United Kingdom, Chief of Defence Force and recently chaired the Government Inquiry into the Response to the North Island Severe Weather Events

Former Governor-General Sir Jerry Mateparae has been appointed to a high-powered judicial conduct panel investigating the alleged behaviour of acting District Court Judge Ema Aitken.

Acting Attorney-General Paul Goldsmith today confirmed that the panel will inquire into allegations about Judge Aitken’s conduct at the Northern Club on November 22, 2024, following a recommendation from Judicial Conduct Commissioner Alan Ritchie.

“I accepted that recommendation,” Goldsmith said in a statement. “Following consultation with the Chief Justice, I have now appointed panel members ... The Panel will provide me with a report, including its opinion as to whether consideration of Judge Aitken’s removal is justified.”

He said no further comment would be made while the inquiry was underway.

Goldsmith did not say if the finished report would be made public.

The panel will be chaired by the Honourable Brendan Brown KC, a recently retired Appeal Court judge. He is joined by the Honourable Justice Jillian Mallon, a current Appeal Court judge and Mateparae, also a former diplomat and Chief of Defence Force.

Clockwise, from top left: Judge Ema Aitken, Winston Peters, Judge Heemi Taumaunu, Michael Reed KC, David Galler

Senior barrister Tim Stephens KC has been appointed as special counsel to assist the panel.

Aitken and her partner, intensive care specialist David Galler, apologised for “verbally attacking” then deputy prime minister Winston Peters, Casey Costello and other New Zealand First members at a fundraiser. The country’s top district court judge, Heemi Taumaunu, also issued an apology.

Ritchie began investigating after the episode was revealed by The Post.

Aitken had been attending a party for judges at a different part of the private members’ club when she allegedly gatecrashed the New Zealand First function.

Aitken argues she did not recognise Peters' voice and did not know the club was also hosting a political event.

Earlier this year she unsuccessfully asked the High Court to review the process leading to the recommendation that a panel be appointed to look at her behaviour.

The panel can recommend that a judge be removed from office. It has the same powers as a Commission of Inquiry and hearings can be held in public.

The panel then reports to the Attorney-General with its findings and an opinion on removal. They must then decide whether to agree or disagree with the recommendation.