John Bowie
Let’s try and untangle the mess that started with a heated political spat at Auckland’s posh Northern Club—and has now landed in the High Court as Judge Ama Aitken challenges the Judicial Conduct Commissioner’s decision to have a panel investigate her actions at the club.
District Court Judge Aitken, best known for her work on drug courts, could help provide some guidelines for both the JCC’s decision-making, quite apart from issues relating to extra-judicial behaviour in the political or public arena.
Judge Aitken filed for judicial review of the Judicial Conduct Commissioner’s decision to recommend a formal panel investigate her actions, essentially arguing that the Commissioner botched the process.
Her lawyers claim that the Commissioner, comprising Law Society veterans Alan Ritchie and Assistant Commissioner Mary Ollivier, allegedly failed to clearly explain why a panel was necessary. and that the scope of the inquiry isn’t pinned down—is it about her “demeanor,” the fact it was a political event, or something else?
The Judge hired Paul Rishworth KC and Deborah Manning for the review action.
The Commissioner’s move sets up a three-round fight with the March judicial review where the Court deals with the Aitken challenge to the validity of the ruling, a potential panel appointment if she loses, with a quasi-court set up comprising two judges and one lay person and the question of firing – which requires “misbehaviour” severe enough to revoke public trust in her judicial role.
The High Court hit pause, granting an interim order to stop the Acting Attorney-General from appointing the panel until Judge Aitken’s challenge is resolved.
Justice Churchman noted the need to “preserve procedural fairness,” hinting the case isn’t as clear-cut as headlines suggest. The hearing is set for mid-March 2025.
The Backstory
Rewinding to November 2024, the incident occurred at the honky tonk Northern Club, the bastion of Auckland elite, when at a judge’s dinner the next-door function involved a NZ First function with their emblematic town cryer, Winston Peters.
The only time I have stepped foot in the Club was for a Polkinhorne wedding, but it is a venue for many quiet business and legal chats over Man O’ War Chardonnay.
But it was woman-at-war at the Club at the Judges’ Christmas Party.
- The Judge allegedly tried to crash Peters’ speech, shouting accusations about “lying” while her husband, Dr. David Galler (a former ICU doc turned TV personality), reportedly told Peters, “You’re doing a s*** job in government” and cornered MP Casey Costello over smokefree law repeals.
- Galler also faced claims of making racist remarks to a staffer., which he denied but apologised for his “ill judged” remarks while leaving his Judge-wife’s judgment pending on her comments at the time.
- A side issue also involved Michael Reed KC who played a bit part in the drama by reportedly taking photos of NZ First guests, including Shane Jones’ wife Dot Jones, despite strict Northern Club rules prohibiting photographs to be taken. Reed allegedly cited his membership at the Wellington Club and refused to comply, telling staff: “Don’t touch me because you will be sued for a lot of money”.
Fallout: Apologies, Outrage, and a Ministerial Shuffle
- Judge Aitken provide a mea culpa and admitted her behavior, which ‘outraged’ Attorney General Judith Collins, was “inappropriate and rude” and apologized to NZ First. Chief District Court Judge Heemi Taumaunu issued a rare public apology on behalf of the judiciary.
- Attorney-General Judith Collins referred the matter to the Judicial Conduct Commissioner.
- With Collins conflicted, Justice Minister Paul Goldsmith took over deciding the panel’s fate.
Testing Boundaries
This isn’t just about a judge losing her cool. It’s also a test case for judicial boundaries, dealing with how judges can confront politicians without compromising impartiality and just how far the Judicial Conduct commissioner can go in policing off-duty behaviour by the judiciary.
The judicial review could set precedents for how misconduct investigations are handled—and whether “regrettable” incidents warrant career-ending scrutiny.
For now, Aitken’s team gears up for a March showdown. Win or lose, “Clubgate” has already exposed the tightrope judges walk between civic passion and professional restraint.
