Judge Ema Aitken is accused of disrupting a NZ First function at Auckland's Northern Club in 2024. Photo: RNZ Insight/Dan Cook

The defence for a District Court Judge accused of disrupting an NZ First event has told a judicial conduct panel the affair has been blown "out of all proportion".

Judge Ema Aitken was appearing before the panel in Auckland on Tuesday, accused of disrupting a function at Auckland's exclusive Northern Club in 2024.

She was accused of shouting that NZ First leader Winston Peters was lying.

Judge Aitken said she did not shout, did not recognise Peters' voice when she responded to remarks she overheard and did not know it was a political event.

Her lawyer, David Jones, KC, opened his case by praising the judge's career, describing her as diligent and a judge of principle.

He explained why the judge continued to fight the allegations.

"She is a judge of principle, and she is a judge of integrity, and she is not going to resign over something that she did not do," he said.

Jones maintained Judge Aitken did not know it was Winston Peters speaking at the Northern Club, and that she was unaware of the political context when she made her comments.

Jones raised the concern of handing the acting attorney-general a 'loaded gun' if they found consideration of removal was justified.

District Court Judge Ema Aitken at the judicial conduct panel on Monday. Photo: Finn Blackwell / RNZ

Special Counsel Tim Stephens, KC, had said on Monday final say on removal of the judge fell with acting Attorney-General Paul Goldsmith.

Jones pointed to the fact that Goldsmith was a politician.

"Now, it's been said, well, the attorney-general has to act lawfully," he said.

"We have the very real political context of the complaint generated by, it seems, a political situation, and all of the issues that have been raised about the reports in the media, they are all political issues," he said.

"So, this is a politicized situation, not of the judge's making, but of others, and what you have is a situation where in the current climate, for example it's an election year, we have coalition issues that obviously are going to be concerning some people, and the attorney-general, if he gets the loaded gun from the panel, what considerations will come into play there?"

Jones said the emphasis of the panel had to be on fairness, natural justice, and fitness for office.

Special Counsel Tim Stephens, KC. Photo: RNZ / Mark Papalii

Presenting the allegations of misconduct to the panel, Stephens said the panel was responsible for reporting on the judge's conduct, finding the facts, and ultimately recommending if the judge should be removed.

He continued his opening from Monday, addressing the allegations Judge Aitken faced, and what happened on that night in 2024.

He started by providing political context on leading up to the alleged disturbance, leading with a complaint made by lawyer Gary Judd, KC, over compulsory tikanga Māori studies for law students.

The complaint was supported by Deputy Prime Minister Winston Peters who said teaching tikanga was "cultural indoctrination".

A select committee largely rejected a complaint in April last year.

The next piece of context Stephens gave was the haka that broke out in Parliament following the vote for the Treaty Principles Bill.

Stephens referenced NZ First MP Casey Costello, who at the time had said NZ First would only support the bill to first reading.

Minister Costello is expected to be called as a witness before the judicial conduct panel.

On the night in question, Stephens said Judge Aitken had been attending a function for district court judges, while at the same time, a NZ First event was taking place in another part of the Northern Club.

Stephens said part of Winston Peters' speech at that event mentioned both the teaching of tikanga at law school, as well as the party's position on the Treaty Principles Bill.

"The allegations that I make or that I present are that while the deputy prime minister was speaking, Judge Aitken interrupted him in the New Zealand First dinner by heckling the deputy prime minister, accusing the deputy prime minister of lying and being a liar, saying that the deputy prime minister's comments were disgusting…"

In the wake of the incident, Stephens said Judge Aitken wrote to NZ First apologising for what happened.

He told the panel a key fact finding part of their job would be determining when the judge realised the speaker at the event was Peters and if she knew it was a NZ First event.

It was Stephens submission that Judge Aitken's behaviour was rude, and brought the judiciary into conflict with the executive branch of government.

"I will submit that even if the judge didn't know that the speaker was the deputy prime minister at the exact point in time or prior to when she made her comments, my submission will be that her conduct seen in the round still justifies consideration of removal," he said.

Defence lawyer David Jones, KC. Photo: RNZ / Mark Papalii

But Jones argued there was no political aspect to what Judge Aitken said, and said there was no evidence Peters was heckled.

"One only has to look back at Waitangi day and when he does apprehend there is someone trying to interrupt him, he engages, there's no question but that that's the case," Jones said.

The judge was responding to comments she heard and deemed untrue, Jones said.

It was accepted that words to the effect of 'lying' and being 'a lair' were uttered, but Jones said Jude Aitken was "completely unaware of who the speaker was."

"That in my submission is a fundamental issue in this case," he said.

Jones also said the judge did not accept that the word "disgusting'' was used.

Panel members Brendan Brown KC, Justice Jillian Mallon, and Sir Jerry Mateparae visited the Northern Club in Auckland's central city on Tuesday afternoon, alongside special counsel and the judge's lawyers.

Brown said they would visit the relevant spaces with counsel before asking them to leave so that panel members could discuss in private.

"We don't intend to have any discussions with anybody including Northern Club staff," he said.

Judge Ema Aitken's lawyers enter the Northern Club for a site visit. Photo: RNZ / Finn Blackwell

The second day of the hearing begun with the panel addressing concerns from David Jones, KC, about what he described as undisclosed evidence claimed from Special Counsel.

Lead panellist Brendan Brown, KC, explained they had received an application from Judge Aitken just before Waitangi weekend, seeking disclosure of witness material.

The panel directed Special Counsel to disclose relevant documents to the judge, which Stephens stated he had already made all such disclosures.

The panellist also defined what the word 'document', and the reference to a 'document authored' meant, as raised by Jones on Monday.

Brown said the purpose of his clarification was to comply the rules of natural justice.

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Judge Ema Aitken is appearing before a Judicial Conduct Panel in Auckland, accused of disrupting a function at Auckland's Northern Club in 2024.

Ema Aitken is accused of shouting that party leader Winston Peters was lying during a function at Auckland's exclusive Northern Club in 2024.

District Court Judge Ema Aitken denies some of the claims.

District Court Judge Ema Aitken is accused of disrupting a New Zealand First event at Auckland's Northern Club last November.

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