Judge Ema Aitken Retains Bench After Judicial Panel Rules Against Removal

A judicial conduct panel rules that Judge Ema Aitken’s 2024 altercation with Winston Peters was a "serious breach" but does not warrant her removal from the bench.

By: AXL Media

Published: Apr 10, 2026, 4:45 AM EDT

Source: RNZ Pacific

The Incident at the Northern Club

The controversy stems from an event held at Auckland’s exclusive Northern Club in 2024. Judge Aitken was accused of disrupting a New Zealand First function, allegedly yelling at Winston Peters and calling him a "liar." During the panel hearings held earlier in 2026, the Judge denied the specific allegation of shouting, claiming she did not recognize Peters at the time and was unaware that the gathering was a formal political event. However, this defense was challenged by witnesses, including NZ First MP Casey Costello, who testified that the nature of the event and the identity of the speaker would have been obvious to anyone present.

Findings of the Judicial Conduct Panel

The panel, responsible for finding facts and reporting on judicial conduct, deliberated on whether the Judge’s actions compromised the integrity of the New Zealand court system. Special Counsel Tim Stephens KC argued during the February hearings that the removal of a judge is a "protective" measure designed to safeguard the judiciary rather than a purely disciplinary one. Ultimately, the panel found that while her conduct was inappropriate and breached the professional boundaries expected between the judiciary and political figures (comity), it was not grave enough to end her judicial career.

The Role of the Attorney General and Justice Minister

Under New Zealand law, the power to remove a judge rests with the Attorney General, but this action can only be taken if a judicial conduct panel explicitly recommends that removal is justified. Following the panel's decision that removal was not warranted, Justice Minister Paul Goldsmith released the findings on Friday afternoon, noting that the government would not be making further comments on the matter. This effectively closes the door on any executive-led attempt to oust Judge Aitken based on this specific incident.