{"id":281624,"date":"2026-02-13T04:32:09","date_gmt":"2026-02-13T04:32:09","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/281624\/"},"modified":"2026-02-13T04:32:09","modified_gmt":"2026-02-13T04:32:09","slug":"district-court-judges-give-evidence-at-conduct-hearing-for-fellow-judge-ema-aitken","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/281624\/","title":{"rendered":"District court judges give evidence at conduct hearing for fellow judge Ema Aitken"},"content":{"rendered":"<p><img decoding=\"async\" loading=\"lazy\" src=\"https:\/\/www.newsbeep.com\/nz\/wp-content\/uploads\/2026\/02\/4JTHHEO_Judge_Ema_Aitken_jpg.jpeg\" width=\"1050\" height=\"787\" alt=\"District Court Judge Ema Aitken at the Judicial Conduct Panel on Monday.\"\/><\/p>\n<p class=\"photo-captioned__information\">\nDistrict Court Judge Ema Aitken (centre) at the Judicial Conduct Panel on Monday.<br \/>\nPhoto: Finn Blackwell \/ RNZ\n<\/p>\n<p>A district court judge described as one of the best on the bench, has had her behaviour scrutinised by a Judicial Conduct Panel this week.<\/p>\n<p>Judge Ema Aitken is before the panel accused of yelling at Winston Peters during an event at Auckland&#8217;s Northern Club in 2024, calling him a liar.<\/p>\n<p>She argues she did not yell, did not recognise Peters, and did not know it was a political event.<\/p>\n<p>The panel hearing, which began earlier this, heard from district court judges on Friday who were there on the night of the alleged disruption.<\/p>\n<p>They had been called after Special Counsel for the Inquiry requested the panel ask them to appear and give evidence.<\/p>\n<p>Judge David McNaughton was among those sat at Judge Aitken&#8217;s table during a dinner of other judges and their partners.<\/p>\n<p>He told the panel no one at the table was drinking to excess that night, with the &#8220;possible exception&#8221; of lawyer Michael Reed, KC.<\/p>\n<p><a href=\"https:\/\/www.rnz.co.nz\/news\/national\/586567\/video-of-michael-reed-kc-being-asked-to-leave-nz-first-event-played-at-probe-into-judge-ema-aitken\" rel=\"nofollow noopener\" target=\"_blank\">Reed had been captured on video<\/a> trying to photograph inside the NZ First event, despite being told not to.<\/p>\n<p>Judge McNaughton read from his letter prepared for the Judicial Conduct Commissioner, but noted some of the words were not his.<\/p>\n<p>&#8220;It&#8217;s not phrased exactly as I originally had,&#8221; he said.<\/p>\n<p>&#8220;Some of this phrasing is not mine.&#8221;<\/p>\n<p>He said there had been a panic to have the letter sent to the commissioner by deadline, and he signed it on a busy working day.<\/p>\n<p>&#8220;It was emailed to me, it was a working day, I was very busy, I quickly read it, and signed it, and emailed it straight back because it had to go, I think, that day or the next day.&#8221;<\/p>\n<p>Judge McNaughton had high praise to give Judge Aitken before the panel.<\/p>\n<p>&#8220;I think she is one of the best judges on our bench,&#8221; he said.<\/p>\n<p>&#8220;Her judgements are sound, they&#8217;re well reasoned, her reserve judgements are usually immaculate, of a very high standard.&#8221;<\/p>\n<p>The judge would make an excellent High Court judge, Judge McNaughton said.<\/p>\n<p>&#8220;In some ways, she was too good to be a district court judge, that&#8217;s my personal view of her.&#8221;<\/p>\n<p>But by her own admission the day prior, the judge said she had acted rudely.<\/p>\n<p>&#8220;I cannot really explain why I responded like this, other than that I was tired, and the speaker&#8217;s statement was so palpably wrong,&#8221; Judge Aitken said.<\/p>\n<p>&#8220;It was reactionary, and rude of me which is not consistent with my character or reputation, I am not normally rude or intrusive in any setting.&#8221;<\/p>\n<p>Another member of the bench, Judge Pippa Sinclair told the panel she had also been at a table with Judge Aitken, while the NZ First event was taking place in another part of building.<\/p>\n<p>She recalled Judge Aitken coming back to the table at one point in the night, telling her she had called out Winston Peters.<\/p>\n<p>&#8220;Sometime around the main course being served, Judge Aitken came back to the table and said &#8216;I&#8217;ve just told Winston Peters&#8217;, and I quote &#8216;he&#8217;s lying,&#8217; and I further quote, &#8216;how could he say that,&#8217; in response to him discussing tikanga in the law schools,&#8221; she said.<\/p>\n<p>&#8220;Judge Aitken then said she realised it was Mr Peters when she saw a person whom she recognised and then, and I quote &#8216;clicked,&#8217; it was Casey Costello.&#8221;<\/p>\n<p>Judge Aitken told the panel on Thursday she had been at the club after a challenging day at court when she overheard comments about Tikanga M\u0101ori law overriding the Westminster system being taught in law schools.<\/p>\n<p>She mouthed words to someone looking at her from inside the room where the event was taking place, who she later realised was <a href=\"https:\/\/www.rnz.co.nz\/news\/national\/586668\/judge-ema-aitken-must-have-known-who-she-was-yelling-at-nz-first-mp-casey-costello-says\" rel=\"nofollow noopener\" target=\"_blank\">NZ First MP Casey Costello<\/a>.<\/p>\n<p>&#8220;I made an audible remark once I reached the bottom of the stairs where I paused briefly,&#8221; Judge Aitken said.<\/p>\n<p>Judge Sinclair told the panel she had not seen any signage for the NZ First event on her way in or out of the club that night.<\/p>\n<p>The panel had been told on Thursday by NZ First Party president Julian Paul there had been a roughly two-metre tall banner by the door to their event.<\/p>\n<p>Judge Sinclair was pressed on details about the night.<\/p>\n<p>She said it was difficult to remember, given how much time had passed.<\/p>\n<p>Under cross examination from the judge&#8217;s lawyer David Jones, KC, Judge Sinclair said she could be sure about the sequence of events, but not about what exactly was said.<\/p>\n<p>&#8220;Of course I can&#8217;t be exactly sure down to the minutiae of what she said, because it was over a month after the incident, and I was recalling that, and I didn&#8217;t record the incident,&#8221; Judge Sinclair said.<\/p>\n<p>&#8220;I&#8217;ve done the best to recall what I remember she said.&#8221;<\/p>\n<p>Jones asked Judge Sinclair to share what she thought of the judge&#8217;s work.<\/p>\n<p>&#8220;She is a very sound, and fine judge,&#8221; she said.<\/p>\n<p>&#8220;I have the utmost respect for her ability as a judge and work as a judge.&#8221;<\/p>\n<p>Judge Sinclair was asked by panel member Justice Jillian Mallon how loud Judge Aitken had been speaking when she returned to the table.<\/p>\n<p>&#8220;She spoke clearly, she wasn&#8217;t shouting or anything like that,&#8221; Judge Sinclair said.<\/p>\n<p>&#8220;She just spoke very clearly and matter of factly.&#8221;<\/p>\n<p>The panel next heard from Judge Sinclair&#8217;s partner Trevor Haysom, who had also been at the judge&#8217;s table that night.<\/p>\n<p>He was asked by special counsel if the judge had made any indication her comments had been an error or mistake.<\/p>\n<p>&#8220;It wasn&#8217;t apparent to me at the time,&#8221; Haysom said.<\/p>\n<p>&#8220;She made the statement but there was no significance in it, at that stage of the dinner anyway.&#8221;<\/p>\n<p>The husband of another judge present that evening, Mark Sinclair, made glowing remarks about Judge Aitken and her husband Dr David Galler.<\/p>\n<p>Sinclair said he had been made aware earlier that evening an NZ First event was also being held that night, saying he was surprised the party was holding a fundraiser at the Northern Club.<\/p>\n<p>He described Judge Aitken as a useful mentor for his wife, Judge Allison Sinclair, who had been appointed after Judge Aitken.<\/p>\n<p>Sinclair also spoke about the judge&#8217;s work establishing the Alcohol and Other Drug Treatment Court as well as her and her husband&#8217;s time working in Samoa.<\/p>\n<p>&#8220;I hope when all this is over, I wish them all the best, and that their good work is not forgotten, because of the accusations that have been made as part of this process.&#8221;<\/p>\n<p>The inquiry continues next week.<\/p>\n<p><a href=\"https:\/\/radionz.us6.list-manage.com\/subscribe?u=211a938dcf3e634ba2427dde9&amp;id=b3d362e693\" rel=\"nofollow noopener\" target=\"_blank\">Sign up for Ng\u0101 Pitopito K\u014drero, a daily newsletter<\/a> curated by our editors and delivered straight to your inbox every weekday.<\/p>\n","protected":false},"excerpt":{"rendered":"District Court Judge Ema Aitken (centre) at the Judicial Conduct Panel on Monday. Photo: Finn Blackwell \/ RNZ&hellip;\n","protected":false},"author":2,"featured_media":274816,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[48,47,111,43,139,69,49,46,44,45],"class_list":{"0":"post-281624","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-new-zealand","8":"tag-audio","9":"tag-current-affairs","10":"tag-new-zealand","11":"tag-news","12":"tag-newzealand","13":"tag-nz","14":"tag-podcasts","15":"tag-public-radio","16":"tag-radio-new-zealand","17":"tag-rnz"},"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/281624","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=281624"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/281624\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/274816"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=281624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=281624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=281624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}