Panel acknowledges ‘serious breach of comity’ in acting judge’s conduct
Paul Goldsmith, justice minister, has shared that the judicial conduct panel into alleged conduct by Acting District Court Judge Ema Aitken has considered her removal unjustified, even though her actions were deemed “a serious breach of comity.”
“Comity requires each branch of Government – the Executive, the Judiciary and the Legislature – to act with mutual restraint and respect towards the others,” Goldsmith explained in a news release from the government.
Goldsmith noted that the panel determined that Aitken’s actions did not meet the high threshold of “misbehaviour” that would justify considering her removal, which meant that she would continue serving in her role as acting judge until the expiry of her warrant next February.
“I would like to thank all those who participated in this assessment and the panel members for their service,” Goldsmith said in the news release. “Judicial conduct panels are an important mechanism to maintaining trust and confidence in the judiciary.”
In a report released this month, the panel made findings regarding Aitken’s “poor understanding” of her constraints as a serving judge and “significant lack of appreciation” of the serious nature of her conduct.
Though it highlighted the importance of public confidence in judges and the justice system, the panel explained that education could rectify Aitken’s insufficient understanding of the constraints.
“We have no reason to doubt that such education will be effective and this process will itself have been educative,” the panel said in its report.
The panel stressed that this was the first time Aitken, who has received high regard for her judicial work spanning nearly two decades, had displayed such conduct.
“When these factors are taken into account, we consider that public confidence in her as a Judge or in the judiciary generally is not so affected by her conduct that it would be inimical to the administration of justice for her to remain in office or as to bring the judicial office into disrepute,” the panel said.
In February 2026, the panel began its hearing into Aitken’s conduct, which occurred at a November 2024 incident at a New Zealand First function at the Northern Club.
In July 2025, Goldsmith announced the appointment of the panel’s members. These members included chair Brendan Brown, a retired judge of the Court of Appeal of New Zealand; Jillian Mallon, a current appeal court judge; and Sir Jerry Mateparae, former governor-general and former chief of the New Zealand Defence Force.
