Attorney-General Judith Collins is writing to the Judicial Conduct Commissioner to express her disgust at District Court Judge Ema Aitken鈥檚 disruption of a New Zealand First function at Auckland鈥檚 Northern Club.
The fracas, which took place last month and reported by The Post today, 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 during the function.
It was also reported prominent barrister Michael Reed KC had been accused of taking photos during the incident, which was against club rules.
Aitken, Galler and Reed have been approached for comment.
The Post reported Aitken had heard Winston Peters making a speech in a room next door to a separate event she was attending, tried to get in and yelled: 鈥淗e鈥檚 lying! How can you let him say that?鈥
Galler, Aitken鈥檚 husband and a former intensive care specialist, reportedly told Peters: 鈥淵ou鈥檙e doing a s*** job in government.鈥
Galler was also accused of having made a racist comment, a claim he strongly denied to The Post.
NZ First leader Winston Peters says he is considering whether to take further action. Photo / Mark Mitchell
Peters, asked today what action he could take following the incident, said he was considering the matter.
鈥淲e don鈥檛 rush to judgment here, we find out a few facts first.鈥
Collins said she was 鈥渞eally appalled鈥 by Aitken鈥檚 behaviour and confirmed she would write to the Judicial Conduct Commissioner, as well as the Northern Club, about the incident.
鈥淚t is not what I expect from members of the judiciary and I鈥檝e written today to the Northern Club, and particularly I鈥檓 concerned about the comments that were said to [a] staff member... not by the judiciary member herself, but by her partner [Galler].
鈥淚鈥檓 actually really disgusted about what鈥檚 happened, and I don鈥檛 think it鈥檚 the sort of behaviour that I want to see in the judiciary.鈥
Collins said it wasn鈥檛 a certainty the commissioner would share her views but she reiterated Aitken鈥檚 alleged actions didn鈥檛 meet the standards expected of the judiciary.
鈥淚鈥檓 deeply sorry for the staff at the Northern Club who put up with this, I鈥檓 very sorry to New Zealand First because they were going about their business lawfully and to have a judge involved in a matter like that, which is clearly a political statement as well, it鈥檚 entirely inappropriate.鈥
The Post reported barrister Reed became agitated during the incident, ignored requests from staff to leave, and started taking photographs of attendees on his phone against club rules.
Collins said that given Reed was a King鈥檚 Counsel, she didn鈥檛 have any power over him but described his reported actions as 鈥渁ppalling behaviour鈥.
鈥淚鈥檇 never appoint someone to be a KC if I knew about behaviour like that. I didn鈥檛 appoint him, thankfully.鈥
She confirmed she鈥檇 looked into whether she could strip a KC of their title but said she hadn鈥檛 found any way to do so. However, she suggested she could 鈥渒eep looking鈥.
Prime Minister Christopher Luxon says he's been made aware of the incident. Photo / Mark Mitchell
Prime Minister Christopher Luxon said he had been made aware of the incident and said it was appropriate for Collins to address it.
Senior NZ First minister Shane Jones, who was at the function, wouldn鈥檛 comment on the incident but noted he was 鈥渓ooking forward to seeing what the rules of comity actually mean in practice鈥.
Jones had previously been reprimanded by Collins for being critical of the judiciary, violating the expectation of comity between the executive and the judiciary.
Act leader David Seymour said the incident appeared to be a 鈥渃lear breach of comity鈥 but didn鈥檛 believe it reflected a wider issue about the executive and the judiciary maintaining comity.
He expected the judiciary to handle the matter, saying it wouldn鈥檛 be appropriate for the Government to make the decision: 鈥淭hat has to be sorted out in their house.鈥
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for 九一星空无限 since 2018, covering sport and health for the Northern Advocate in Whang膩rei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.
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