Gate-crashing judge could face a panel of peers
Friday, 24 January 2025
The judicial watchdog has recommended Attorney-General Judith Collins appoint a panel to investigate complaints about District Court Judge Ema Aitken, who gate-crashed a New Zealand First fundraiser.
Judicial Conduct Commissioner (JCC) Alan Ritchie launched a “preliminary examination” in December, after Aitken and her partner, celebrity doctor David Galler, apologised for “verbally attacking” Winston Peters, Casey Costello and other New Zealand First members at a Christmas party.
Ritchie pro-actively began the investigation — but he also received two complaints. One from Collins, and another from a member of the public.
A spokesperson confirmed Ritchie has completed the preliminary examination and had advised complainants, including Collins, of the outcome.
“The Commissioner has a duty of confidentiality as set out in [legislation] …and is unable to provide further comment at this stage,” he said.
Anyone can complain about a judge, but complaints must be about conduct rather than the legality of a decision.
Collins previously said she was “really disgusted” at the “very serious” behaviour, which took place at Auckland’s exclusive Northern Club on November 22.
The country’s top law officer, Collins said: “The Commissioner has recommended a Judicial Conduct Panel be set up to inquire into what happened.
“However, because of my role in making the referral, Justice Minister Paul Goldsmith will act as Attorney-General on this matter, to avoid any perception of conflict of interest, bias or pre-determination on my part in the decision yet to be made.”
Goldsmith will consider the Commissioner’s recommendation.
“No further comment will be made.”
A panel would be drawn from the ranks of judges or retired judges, although one can be a senior lawyer. Another must be a layperson.
The panel has the same powers as a commission of inquiry and hearings can be held in public.
It then reports back to the attorney-general with its findings and an opinion on removal. Collins must then decide whether to agree or disagree with the recommendation.
Peters has declined to comment.
Aitken retired last year on reaching the age of 70, as required by law, but was reappointed for two years on an acting warrant, which entitles her to be paid at a daily rate.
The private members club was simultaneously the site of an end-of-year party for district court judges and an event for NZ First supporters.
According to an incident report later compiled by an independent lawyer for the Northern Club and NZ First, it was alleged Judge Aitken tried to enter the political gathering and yelled, as NZ First leader Peters spoke: “He’s lying! How can you let him say that?”
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.
The district court judge wrote: “My intrusion would have been inappropriate at any event, but at an event such as this, it is all the more regrettable.”
The country’s top District Court judge Heemi Taumaunu also issued an apology.
The report stated intensive care specialist Galler was accused of blocking Peters’ exit from the event, and saying: “You’re doing a shit job in government,” and “verbally attacking” Costello and party secretary Holly Howard.
It was also alleged Galler asked a staff member, of Indian heritage: “Since when did we start allowing Indians to enter this club?”
In a previous statement to The Post, Galler “unequivocally rejected” any of his comments were racist, “and at no stage did I block his exit from the function room”.
“However, I do acknowledge that to have made any remarks to him there and then, was ill judged.”
He provided the apology he’d made to the club, which said: “I want to be clear about the comments I made, I was commenting on the club’s historical policy of excluding many people on grounds of religion (which would have included me), ethnicity and gender.” (Galler is the son of Polish Jewish refugees.)
Galler confirmed he approached Costello to ask about her repeal of smokefree legislation.
A spokesperson for the Chief District Court Judge’s Chambers said it would be inappropriate for Taumaunu or Aitken to comment now the matter sat with Collins.