‘Really disgusted’: Judith Collins rips into judge’s party behaviour

Wednesday, 18 December 2024

Judith Collins says she has limited power, but has written to the judicial standards commissioner.

Attorney-General Judith Collins is “really disgusted” with the behaviour of a district court judge who confronted NZ First MPs at a private event and intends to make a complaint to the Judicial Conduct Commissioner.

The fracas saw Judge Ema Aitken allegedly shout at deputy prime minister and NZ First leader Winston Peters during a function held at the exclusive Northern Club last month.

Aitken’s partner, well-known intensive care specialist David Galler, also made remarks to Minister Casey Costello and a Northern Club staff member that he later apologised for, while prominent lawyer Michael Reed KC refused to stop photographing staff after being asked to stop.

ACT leader David Seymour on Wednesday described the incident as “despicable”.

Details of the event - which prompted an apology from the chief judge on behalf of the court - were first reported by The Post.

Collins said she would write to the Judicial Complaints Commissioner, as the “very serious” behaviour was “not what I expect from members of the judiciary”.

“It’s very disappointing that there were people in a situation where they clearly were either inebriated or they were just arrogant and offensive.

Auckland judge Ema Aitken (Screenshot from RNZ video)

“I’m deeply sorry for the staff at the Northern Club who put up with this. I’m very sorry to NZ First because they were going about their business and to have a judge involved in a matter like that, which is clearly a political statement as well, it’s entirely inappropriate.”

Asked about Reed’s behaviour, Collins said she had no “power”, but that his behaviour was “appalling” as well.

“I’ve seen the video … I’d never appoint someone like that to be a KC if I knew about behaviour like that. I’ve had a look at what the rules are, and I haven’t seen any ability for me to [strip Reed of his KC title], but maybe I’ll keep looking.”

Collins’ comments come after Chief Judge Heemi Taumaunu apologised on behalf of the court, following complaints about the incident.

Held at the Northern Club in November, the club was simultaneously the site of an end-of-year party for district judges.

According to an incident report later compiled by an independent lawyer for the Northern Club and NZ First, it was alleged Aitken tried to enter the NZ First room and shouted, as NZ First leader Winston Peters spoke: “He’s lying! How can you let him say that?”

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

The incident report stated Galler was then accused of blocking Peters’ exit as he left the event, and saying: “You’re doing a shit job in government,” and verbally attacking Casey 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 statement to The Post, Galler said it was a “totally false assertion that comments I made that evening were racist or intended to be racist. I unequivocally reject any suggestion to that effect”.

He also said his reported remarks to Peters were inaccurate “and at no stage did I block his exit from the function room”.

A video clip shows prominent barrister, Michael Reed KC, refusing to stop taking photographs of NZ First guests despite strict club rules.

“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 previously confirmed he approached Costello to ask about her repeal of smokefree legislation.

A video clip from the party also shows prominent barrister, Michael Reed KC, refusing to stop taking photographs of NZ First guests, despite strict club rules and being asked.

Collins, who is the Crown’s senior law officer, previously said she was “appalled” by the incident.

“I have told the Chief Justice that such behaviour is completely unacceptable and I expect it to be addressed,” she said.

Judge Taumaunu did not answer questions about what sanctions Judge Aitken could face, if any. He further declined on Wednesday to answer questions, including whether Judge Aitken was intoxicated, and whether any other judges present reported or complained about the incident.

In a statement, he said: “[Aitken] accepts that her behaviour on this occasion was inappropriate and rude and has subsequently apologised to New Zealand First and to the Northern Club.”

Legislation provides that any person can make a complaint about the behaviour of a judge, and the Attorney-General may refer one to the Judicial Conduct Commissioner relating to any conduct matters.

The Commissioner may, under the Judicial Conduct Panel Act, also treat as a complaint any matter or matters concerning a judge’s conduct. Under the legislation, “The Commissioner must deal with a complaint as soon as practicable after receiving it.”

NZ First leader Winston Peters was reluctant to comment on Wednesday ‒ “because I’m a lawyer” ‒ but confirmed he was looking at his legal options.

ACT leader David Seymour said it wasn’t up to the Government to “interfere in the judiciary” but the incident appeared to be a “clear breach” of comity.

“It is up to the head judge to uphold the standards for the judiciary … I think the key issue here is you've had a member of the judiciary attacking a member of the government, allegedly, in quite a despicable way, by the sounds of what's been reported. ”