Judge Ema Aitken, accused of yelling at Winston Peters, won't be removed from job, panel rules

A judicial conduct panel has found the actions of Judge Ema Aitken during an event at Auckland's Northern Club in 2024 don't justify her being removed.

The panel found her actions were a "serious breach of comity" but "fell short of the high threshold of 'misbehaviour' necessary to warrant consideration of her removal".

Judge Aitken was accused of yelling at New Zealand First leader Winston Peters, and calling him a liar.

She denied yelling, and claimed she didn't recognise Peters and didn't know it was a political event.

During the panel, NZ First MP Casey Costello, who was at the event, gave evidence. Costello said in February the judge must have known who she was yelling at.

"From my observation of the events, the judge must have known that it was Winston Peters who was speaking," she said.

The panel hearing took place earlier this year, in which a lawyer said removing a judge was done to protect the judiciary.

Presenting the allegations of misconduct to the panel in February, Special Counsel Tim Stephens KC said the panel was responsible for reporting on the Judge's conduct, finding the facts, and ultimately recommending if the Judge should be removed.

He noted at the time it would not be up to the panel to remove the Judge.

"Whether to remove the Judge is a decision for the acting Attorney General and not the panel," Stephens said.

"But the attorney is only able to remove the judge if the panel concludes that consideration of removal is justified in the panel's opinion."

Stephens said the removal of a judge was not a disciplinary matter, rather "its function is protective".

Judge Aitken will remain an acting district court judge until her warrant expires in February.

Justice Minister Paul Goldsmith released the panel decision on Friday afternoon and said he wouldn't be making any further comment.

Peters' office has been contacted for comment.

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.