The panel is investigating those events and whether Judge Aitken\u2019s actions crossed a line. It will call five witnesses who were at the Northern Club, including NZ First MP Casey Costello, before deciding whether the judge\u2019s conduct justified consideration of her removal from office. <\/p>\n
Special counsel Tim Stephens said several high-profile legal figures were seated with Judge Aitken that night, including Michael Reed KC, and three other judges. <\/p>\n
Stephens said they included Judge McNaughton and Judge Allison Sinclair, both of whom had provided \u201cletters of support with factual accounts\u201d of events that night to the Judicial Commissioner. <\/p>\n
Stephens said he had sought statements given by people who were at the table, as they may have information about what Judge Aitken knew about the nature of the NZ First function and the speaker. <\/p>\n
\u201cIt does seem that some of these judges and their partners may have relevant evidence to give,\u201d Stephens said.<\/p>\n
\u201cOne of them in my submission, Judge McNaughton, does but is not prepared to engage.<\/p>\n
\u201cHe doesn\u2019t want to talk to me but will talk to the panel.\u201d<\/p>\n
The hearing heard that Judge David McNaughton is unwilling to engage with the special counsel in the case. Photo \/ RNZ, Claire Eastham-Farrelly<\/p>\n
Stephens asked the panel members whether they would consider \u201ccommunicating with His Honour directly\u201d if they wished him to provide evidence. <\/p>\n
\u201cI don\u2019t think His Honour would require a summons.<\/p>\n
\u201cThere will be some matters where I may wish to challenge what His Honour is saying.\u201d <\/p>\n
Jones responded that his client had no problem with her colleagues that night being called to address the panel. <\/p>\n
\u201cIt seems to be that there is some potential floating of an idea that they\u2019ve been spoken to and Judge [Aitken] doesn\u2019t want them to give evidence, and that simply hasn\u2019t happened.<\/p>\n
\u201cI suspect they don\u2019t want to co-operate with special counsel because they see him as persecuting one of their own.\u201d <\/p>\n
When questioned about this comment by lead panel member, retired Court of Appeal Judge Brendan Brown KC, Jones replied, \u201cI\u2019m simply postulating how they may see special counsel\u2019s role\u201d. <\/p>\n
Jones said the events of that night had been \u201cblown out of proportion\u201d and become highly politicised.<\/p>\n
He said his client was a highly respected judicial figure with an exemplary record. She was before the panel due to a 30-second interaction on a Friday night which now threatened to end her career. <\/p>\n
\u201cShe says that\u2019s absurd.\u201d<\/p>\n
The incident occurred at Auckland’s Northern Club in November 2024. Photo \/ Meg Liptrot<\/p>\n
Jones claimed Judge Aitken overheard an \u201cuntruth\u201d as she returned from the bathroom and responded to the comment, but was not aware it was a political function or that the speaker was the country\u2019s Deputy Prime Minister. <\/p>\n
\u201cWhy is she fighting this? Because she\u2019s a judge of principle and integrity, and she is not going to resign over something she did not do. That is the reason we are here.\u201d<\/p>\n
The incident had become overly political and subject to a \u201cmedia circus\u201d, Jones said.<\/p>\n
He questioned whether his client would be subject to a fair process if the panel found her conduct justified removal and referred the matter to acting Attorney-General Paul Goldsmith for an ultimate decision. <\/p>\n
\u201cIt\u2019s election year,\u201d Jones told the hearing today, adding that coalition negotiations would soon be underway. <\/p>\n
\u201cAnd the Attorney-General, if he gets a loaded gun from the panel, what considerations will come into play?\u201d<\/p>\n
Two functions at the Northern Club<\/p>\n
There were two functions at the Northern Club on November 22, 2024.<\/p>\n
One was for judges to mark Judge Aitken\u2019s resignation of her warrant and the retirement of two District Court judges. The other was a NZ First fundraiser.<\/p>\n
NZ First\u2019s account \u2013 which was included in a report prepared by the Northern Club \u2013 is that as the NZ First leader spoke, Judge Aitken tried to enter the room and shouted; \u201cHe\u2019s lying! How can you let him say that?\u201d.<\/p>\n
It is contended that the judge continued to shout and make a scene, saying there was a roomful of judges next door who would be interested in these comments.<\/p>\n
But Judge Aitken has a different recollection.<\/p>\n
NZ First leader Winston Peters was speaking at the Northern Club when the incident happened in November 2024. Photo \/ Mark Mitchell<\/p>\n
In a letter to the Judicial Commissioner, provided to NZME, the judge gave her account of what happened that night, saying while she was returning from the toilet, she took a wrong turn and inadvertently walked past the NZ First function.<\/p>\n
While passing the room, she heard a snippet of a speech from a male speaker saying something along the lines of; \u201cThey\u2019re now teaching in law school that tikanga M\u0101ori law overrides the Westminster system\u201d.<\/p>\n
She said she was surprised and taken aback as she wasn\u2019t expecting to hear the word tikanga at what she assumed was a social function.<\/p>\n
\u201cThe statement was incorrect to me and mischaracterised the important role of tikanga for lawyers and judges in the District Court processes,\u201d she said in her statement.<\/p>\n
\u2018That\u2019s not true\u2019<\/p>\n
As she walked past, she said, she mouthed to a woman seated at a table near the door, who looked familiar; \u201cthat\u2019s not true\u201d. She said that would have been inaudible. She later recognised the woman as NZ First MP Casey Costello.<\/p>\n
She said she made a comment disagreeing with the speaker, reportedly, \u201cHe\u2019s lying, how can you let him say that?\u201d.<\/p>\n
The judge said no one at the table with Costello, which she estimated included at least six others, turned and responded to her comment.<\/p>\n
She denied shouting and said she was speaking in a normal voice.<\/p>\n
The judge said she was quickly approached by a man and a woman, who walked her back down to her function, which was in the room next door.<\/p>\n
Judge Aitken said as she was being guided back she commented there was a room full of judges who might have a different view to what the speaker was saying.<\/p>\n
She said that was only to illustrate that there was a group of informed members of the community who might hold a differing view from the one expressed by the speaker.<\/p>\n
She said it was only at this point that she looked back and realised the speaker was Peters and the woman she\u2019d seen sitting at the table was Costello.<\/p>\n
\u201cI didn\u2019t know who the speaker was, but I did believe the speaker\u2019s comments went a step too far,\u201d she said.<\/p>\n
She also denied entering the room, saying she made the comment in the foyer as she walked past.<\/p>\n
\u201cIt did not occur to me at the time that my comments or actions might have crossed the line between the Executive and the Judiciary. The situation was entirely unexpected and perplexing, but at the same time I did not see it as anything more than that.\u201d<\/p>\n
Media reports of the night have suggested Judge Aitken\u2019s comments and the actions of her partner, intensive care specialist Galler, and a senior lawyer, Michael Reed, KC, were part of a \u201crolling fracas\u201d.<\/p>\n
Galler is alleged to have yelled at Peters and cornered Costello about the repealing of the smoke-free legislation. Galler has since apologised for his actions.<\/p>\n
Meanwhile, Reed is accused of filming on his phone, which was against the rules. <\/p>\n
Judge Aitken has said the event didn\u2019t reach the magnitude as described by NZ First.<\/p>\n
Lane Nichols is Auckland desk editor for the New Zealand Herald with more than 20 years\u2019 experience in the industry.<\/p>\n