A conduct panel has concluded that behaviour by Judge Ema Aitken at Auckland’s exclusive Northern Club in 2024 was “a serious breach of comity”, but the panel stopped short of removing Aitken from her post as a District Court Judge.

Justice Minister Paul Goldsmith said the Judicial Conduct Panel, which is typically made up of judges and lawyers, found Aitken’s removal was not justified.

In November 2024, Aitken was caught up in a high-profile “fracas” involving Winston Peters at Auckland’s Northern Club. The issue was taken to court, with Aitken accused of disrupting a NZ First function at the club.

“The Judicial Conduct Panel has found that Judge Aitken’s actions were a serious breach of comity. Comity requires each branch of government – the executive, the judiciary and the legislature – to act with mutual restraint and respect towards the others," Goldsmith said.

Justice Minister Paul Goldsmith at Parliament. Photo / Mark Mitchell

“However, the panel considered the judge’s conduct fell short of the high threshold of ‘misbehaviour’ necessary to warrant consideration of her removal. Therefore, Judge Aitken will remain an Acting District Court Judge until her warrant expires in February 2027.”

Judge Aitken’s lawyer, David Jones KC, said he had only just received a copy of the panel’s decision and wasn’t in a position to comment yet. Asked if his client would provide a statement, he said it was unlikely because doing so could be a breach of comity.

Goldsmith said judicial conduct panels were an important mechanism for maintaining trust and confidence in the judiciary.

“I would like to thank all those who participated in this assessment and the panel members for their service.

“I will not be making any further comment.”

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NZ First has been approached for comment.

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.