Watchdog looking into judge’s party behaviour

Thursday, 19 December 2024

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

The Judicial Conduct Commissioner has pro-actively launched a “preliminary examination” into District Court Judge Ema Aitken after she gate-crashed a New Zealand First party.

Judge Ema Aitken and her partner, intensive care specialist David Galler, apologised for ‘verbally attacking’ Winston Peters, Casey Costello and other New Zealand First members at an end-of-year function last month. The country’s top district court judge Heemi Taumaunu also issued an apology.

On Thursday, the Office of the Judicial Conduct Commissioner (JCC), Alan Ritchie, confirmed the watchdog is investigating.

Under law, “the Commissioner is able on his own initiative to treat as a complaint any matters concerning the conduct of a Judge,” the JCC’s Wayne Newall confirmed.

“That is the step he took yesterday morning [Wednesday] when he read the various media references to this judge.”

Later on Wednesday, the Commissioner also received a letter from Attorney-General Judith Collins “referring the same matters” and a complaint from a member of the public.

The country’s top law officer Judith Collins said she was “really disgusted” at reports of Judge Aitken’s behaviour.

“The Commissioner is now undertaking a preliminary examination in accordance with [the legislation],” Newall said.

Collins previously said she was “really disgusted“ at the “very serious” behaviour, which took place at Auckland’s exclusive Northern Club on November 22.

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

“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.”

Anyone can complain about a judge, but complaints must be about conduct rather than the legality of a decision.

The law requires Ritchie to conduct a preliminary examination. He can then either recommend that Collins, as the country’s top law officer, appoint a Judicial Conduct Panel, refer the complaint to their Head of Bench (in this case Taumaunu), dismiss the complaint or take no further action.

The panel can recommend that a judge be removed from office.

The members are drawn from the ranks of judges or retired judges, although one can be a senior lawyer. Another must be a layperson.

Deputy Prime Minister Winston Peters is looking at his legal options.

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. She must then decide whether to agree or disagree with the recommendation.

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 Winston Peters spoke: “He’s lying! How can you let him say that?”

The report stated Galler was accused of blocking Peters’ exit from 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 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 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.

Reed has not commented.

Peters was reluctant to comment but confirmed he was looking at his legal options.