Commissioner recommends inquiry into judge’s disruption of NZ First function

Attorney-General Judith Collins has passed the issue to Paul Goldsmith Photo / Alex Burton

The Judicial Conduct Commissioner has recommended a Judicial Conduct Panel be established to inquire into and report on the conduct of acting District Court Judge Ema Aitken, who allegedly disrupted an NZ First function last November.

The fracas, which took place in November and reported by The Post, allegedly involved the judge yelling at party leader Winston Peters while her husband, Dr David Galler, allegedly cornered party MP Casey Costello and berated her. It occurred when NZ First and Aitken were attending separate events at Auckland’s exclusive Northern Club.

The Post reported District Court Judge Aitken heard Peters, party leader and Deputy Prime Minister, making a speech in a room next door to a separate event she was attending, tried to get in and yelled: “He’s lying! How can you let him say that?”

Her husband, former intensive care specialist and star of television programme Middlemore Dr David Galler, also allegedly yelled at Peters and was accused of cornering Costello.

Galler reportedly told Peters: “You’re doing a s*** job in Government.”

Attorney-General Judith Collins wrote to the Judicial Conduct Commissioner last year for advice on the best course of action. In a statement released on Friday, Collins said the Commissioner recommended a Judicial Conduct Panel be established to inquire into the incident.

Collins said that because of her role in making the referral Justice Minister Paul Goldsmith would act as Attorney-General in deciding what to do next “to avoid any perception of conflict of interest, bias or pre-determination on my part in the decision yet to be made”.

Prominent barrister, Michael Reed KC, also turned up. And when turned away by NZ First secretary Holly Howard, he allegedly became agitated, ignored requests from staff to leave, and started taking photographs of attendees on his phone against club rules, The Post said.

When the allegations first came to light in December, Chief District Court Judge Heemi Taumaunu apologised on behalf of the court and said he had spoken to Judge Aitken about the incident.

“[Judge 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,” Judge Taumaunu said in a statement provided to the Herald.

“Although I have not received any complaints, I have taken the proactive and unusual step of apologising unreservedly to New Zealand First on behalf of the District Court of New Zealand.

“I have also made it clear to Judge Aitken that this was a regrettable, unfortunate, and unacceptable series of events which she accepts,” he said.