A judicial conduct panel which inquired into the behaviour of Judge Ema Aitken at an exclusive Auckland club in 2024 has found the removal from her position is not justified, Justice Minister Paul Goldsmith has confirmed.
The proceedings related to allegations about Judge Aitken’s conduct during a speech by Winston Peters at the Northern Club in November 2024.
A number of witnesses at the event said Judge Aitken was “yelling”, “calling out” and “speaking loudly” to Peters as he gave a speech at a fundraising dinner.
“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,” said Minister Goldsmith.
“However, the Panel considered the Judge’s conduct fell short of the high threshold of ‘misbehaviour’ necessary to warrant consideration of her removal.”
As a result, Judge Aitken will remain an Acting District Court Judge until her warrant expires in February 2027.
“I would like to thank all those who participated in this assessment and the panel members for their service. Judicial conduct panels are an important mechanism to maintaining trust and confidence in the judiciary.”
“I will not be making any further comment,” Minister Goldsmith said.
