Inquiry into the conduct of Judge E Aitken

On 22 July 2025, the Acting Attorney-General, Hon Paul Goldsmith, appointed a Judicial Conduct Panel to inquire into, and report on, Judge Ema Aitken’s conduct at the Northern Club on 22 November 2024.

Members of the Panel

The members of the Panel are:

  • Hon Brendan Brown KC, retired Judge of the Court of Appeal (Chair)
  • Hon Justice Jillian Mallon, Judge of the Court of Appeal
  • Lt Gen Rt Hon Sir Jerry Mateparae, former Governor-General and former Chief of Defence Force

Minutes released by the Panel

Panel Minute No 1

The Panel released its first minute on 29 August 2025. A copy of this minute is available here:
Panel Minute (No 1) [PDF, 860 KB]

Panel Minute No 2

The Panel released its second minute on 16 September 2025 notifying any person who wishes to apply for the Panel’s consent to appear at the hearings in this matter to give written notice to the Panel Secretary by Friday 10 October 2025.  A copy of this minute is available here:
Panel Minute (No 2) [PDF, 559 KB]

Panel Minute No 3

The Panel released its third minute on 25 September 2025.  A copy of this minute is available here:
Panel Minute (No 3) [PDF, 1.2 MB]

Panel Minute No 4

The Panel released its fourth minute on 2 October 2025.  A copy of this minute is available here: 
Panel Minute (No 4) [PDF, 1.1 MB]

Decisions of the Panel

On 24 November 2025, the Panel issued an oral ruling on three media applications relating to the Panel's interlocutory hearing on 24 November 2025.  A copy of that ruling is available here:

Ruling of the Judicial Conduct Panel on media applications 24 November 2025 [PDF, 1.9 MB]

On 25 November 2025, the Panel issued its decision on the applications heard at the interlocutory hearing on 24 November 2025.  A copy of the decision is available here:

Decision of the Panel on interlocutory applications 25 11 25 [PDF, 6.7 MB]

Hearings

The Panel has scheduled the substantive hearing for this matter for the weeks of 9 to 13 and 16 to 20 February 2026.  This hearing will be held in Auckland with details of the specific location to be released in due course.

The Panel held an interlocutory hearing on 24 November 2025 to hear an application made on behalf of Judge Aitken.  The Panel's decision on that application is available here:

Decision of the Panel on interlocutory applications 25 11 25 [PDF, 6.7 MB]

The Panel had also scheduled two hearings on 3 October 2025 and 24 October 2025, which were both vacated: 

  • The hearing on 3 October 2025 was for the purpose of confirming a timetable for counsel to submit briefs of evidence, but counsel jointly agreed a timetable (which the Panel confirmed in their Minute No 4) avoiding the need for the hearing. 
  • The hearing on 24 October 2025 was to determine any applications made under section 27(4) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 from other persons wishing to appear at the Panel’s hearings.  However, no applications were received.

Media

Any questions regarding the Panel’s work should be sent to media@justice.govt.nz

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