Ema Aitken and Winston Peters were involved in an incident at Auckland's Northern Club in December. Photos / Mark Mitchell, supplied
Ema Aitken and Winston Peters were involved in an incident at Auckland's Northern Club in December. Photos / Mark Mitchell, supplied
Lawyers have submitted letters to the Attorney General supporting Judge Ema Aitken after a controversial incident at Auckland’s Northern Club.
Aitken allegedly disrupted a New Zealand First event, leading to a recommendation for a formal panel to investigate.
Supporters have praised Aitken’s integrity and contributions, including her role in establishing the Alcohol and Other Drug Treatment Court.
Winston Peters and New Zealand First declined to comment
A group of lawyers have submitted letters to the Attorney General in support of Judge Ema Aitken, following an incident at Auckland’s elite Northern Club.
Last November, Judge Aitken was alleged to have disrupted a New Zealand First party event, leading to a recommendation bythe Judicial Conduct Commissioner that a formal panel investigate the matter.
The Herald understands the letters express confidence in Judge Aitken’s integrity and judicial expertise.
Criminal barrister John Munro said Judge Aiken is what a good judge should be, "hardworking and fair." Photo / Supplied
Among them is John Munro, a criminal defence barrister, who has appeared before Judge Aitken for 15 years.
“I am always pleased when Judge Aitken is presiding on a case. I am confident she has read the file inside out, I know I will get a good hearing by the questions she asks. Judge Aitken is what a good judge should be: hardworking and fair. She’s a grafter and churns through big lists of difficult grassroots crime and works through afternoon tea, I don’t know how she does it,” Munro said.
Barrister and Practice Manager, Samira Taghavi told the Herald Judge Aitken is humane, calm and thoughtful.
“Her quiet strength brings a sense of dignity and fairness to the courtroom.
“As a lawyer, seeing her preside instantly gives you the ‘Thank God’ feeling. You know the day will be steady, respectful and fair no matter the outcome. Her role in establishing the Alcohol and Other Drug Treatment Court has created real change in the lives of people battling with addiction, it brings accountability and genuine rehabilitation- Judge Aitken’s legacy in this is significant,“ Taghavi said.
Barrister Samira Taghavi says Judge Aitken brings quiet strength and dignity in the courtroom. Photo / Dean Purcell
Aitken retired last year on reaching the age of 70, as required by law, but was reappointed for two years on an acting warrant, which entitles her to be paid at a daily rate.
On November 22 Auckland’s elite Northern Club held two functions: an end-of-year party for district court judges and an event for NZ First supporters.
According to an incident report 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 Peters spoke: “He’s lying! How can you let him say that?”
Judge Ema Aitken wrote a letter apologising to NZ First after making a comment at a political meeting at the Northern Club last year. Photo / Supplied
In a letter to Alan Ritchie the Judicial Conduct Commissioner, Aitken claims she heard a male speaker say,” they’re now teaching in law school that tikanga Māori overrides our Westminster system and said “that’s not true” to a woman. She also claims she was never formally interviewed or formally provided with a copy of the Northern Club report.
Aitken later wrote a letter apologising to NZ First, saying her comments were “rude, uncalled for and inappropriate” and claims she didn’t know Winston Peters was speaking.
The district court judge wrote: “My intrusion would have been inappropriate at any event, but at an event such as this, it is all the more regrettable.”
Attorney General, Judith Collins KC recommended a Judicial Conduct Panel to investigate the incident at the Northern Club. Photo / Mark Mitchell
The country’s top District Court judge Heemi Taumaunu also issued an apology for her alleged behaviour.
Following the incident, Attorney General Judith Collins recommended that a Judicial Conduct Panel be set up to investigate what had happened.
Collins stepped down and referred the matter to Justice Minister Paul Goldsmith to act as Attorney-General to avoid any perception of conflict of interest or bias.
The panel would include judges or retired judges, a senior lawyer and a layperson.
It would have the same powers as commissions of inquiry and hearings could be held in public.
It would then report back to the attorney-general with its findings and an opinion on the potential removal of the judge.
Winston Peters and New Zealand First declined to comment.
University of Otago law professor Andrew Geddis said the only way a judge can be removed is if they behave so badly the judicial process deems them no longer worthy of being a judge. Photo / Supplied
Professor Andrew Geddis from Otago University’s Faculty of Law says judges are guaranteed a job until they are 70. They can’t be made redundant, and their salaries can’t be reduced.
“Judges are protected in a sense..The only way you can be got rid of is if you behave so badly that the judicial process deems you are no longer worthy of being a judge.
“The quid pro quo is you have independence and you are guaranteed a job if you remain outside of politics. This is where the tension arises because judges have to abide by standards of behaviour but what those standards are is not written down anywhere,” Geddis said.
When asked if Judge Aitken’s comment was serious enough to have her removed, Geddis said: “This is where things get murky it’s not just what she said, it was the way she said it and who she said it to.
Senior Government Minister Chris Bishop said "what a load of crap" about Stan Walker's performance at the Aotearoa Music Awards. Photo / Mark Mitchell
The Herald asked Geddis to compare Aitken’s comment in a private club to senior Government Minister Chris Bishop saying “what a load of crap” about Stan Walker’s performance at the Aotearoa Music Awards.
Geddis said the two situations are different.
“Chris Bishop acted like an arrogant oaf in public, but he can be judged by voters. Judge Aitken’s alleged behaviour is about the notion of comity the mutual respect that judges and elected politicians should show toward one another, even when holding different views.”
The law professor also said for justice to work properly judges must be free to decide cases according to law and without any hint of political interference.
Judge Ema Aitken has been praised by lawyers as a trailblazer for initiating the Alcohol and Other Drug Treatment Court. Photo / Supplied.
“It’s for this reason that some recent criticisms of judges and judicial decisions by Ministers have rightly been called out as inappropriate, including by the government’s own Attorney-General.
“However, this independence is based on the premise that members of the judiciary will refrain from engaging in overtly partisan political activity, in either their professional or personal capacities.”
Munro declined to comment about the “Northern cub incident” but acknowledged everyone, including judges, make mistakes.
“We’re all human and whatever the process is I would assume they take account of the many things Judge Aitken does which completely dwarf the error she might have made on that occasion.”
Julie-Anne Kincade KC said she is a fan of the Alcohol and Other Drug Treatment Court which Judge Ema Aitken and Judge Lisa Tremewan initiated. Photo / Supplied
The barrister praised Judge Aitken as a trailblazer for initiating the Alcohol and Other Drug Treatment Court (AODTC) alongside Judge Lisa Tremewan.
Julie-Anne Kincade KC told the Herald she is a big fan of the AODTC.
“Judges Aitken and Tremewan took the time to go to America and Australia to see the model that was to become AODTC. It’s an amazing court and a great example of having the ability to look beyond how the law has been written and how we can learn to prevent people from reoffending.
“The AODTC is tough, but it supports people and puts them back on their feet and helps them to be functioning members of society. That can only be commended and Judge Aitken’s work helped establish those courts,” Kincade said.
Judge Ema Aitken has served as President of the Auckland Women's Lawyers' Association and Chair of the Refugee Status Appeals Authority . Photo / Supplied
Aitken also served as President of the Auckland Women Lawyers’ Association and as Chair of the Refugee Status Appeals Authority during the case involving Ahmed Zaoui.
Geddis doesn’t believe Judge Aitken has lost public confidence.
“The important part of judicial independence is you don’t want the government to remove a judge they don’t like. The quid pro quo is we are giving you all this independence, but it is important you remain outside of politics.
“This is where the tension arises because obviously judges shouldn’t have a free reign to do what they like, they need to abide by standards of behaviour but what those standards of behaviour is not written down anywhere.
Judge Ema Aitken with her husband Dr David Galler. Criminal defence barrister John Munro says Judge Aitken is "measured" and the eptiome of professionalism. Photo / Supplied
Munro believes the public should have faith in Judge Aitken “ Look it was bad judgement on the night which she has apologised for. In court she is perfectly measured she has never said anything out of turn. She is the epitome of professionalism in court, always courteous to counsel and to the defendants, no matter who they are.
“If you lose Judge Aitken, you lose the work of two judges. I hope she understands that the support for her from those within the criminal justice system is immense and that comes from her years of toil, hard work and respect.”
Carolyne Meng-Yee is an Auckland-based multi-award winning investigative journalist. She has won Best Documentary at the Voyager Media Awards in 2022 and was part of the reporting team who recently won Best Coverage of a Major News Event: Philip Polkinghorne Murder Trial. She worked for the Herald on Sunday from 2007-2011 and rejoined the Herald in 2016 after working as a current affairs producer at TVNZ’s 60 Minutes, 20/20 and Sunday.
