After a complaint about Judge Maria Pecotic and her role in a March hearing involving disgraced former Green MP Golriz Ghahraman, the Office of the Judicial Conduct Commissioner has referred the matter to the Chief District Court Judge Heemi Taumaunu. 

At an Auckland District Court hearing on March 13, Ghahraman admitted four shoplifting charges relating to nearly $9000 of goods and was remanded at large until her sentencing on June 24.  

Judge Pecotic was appointed a District Court Judge by then Attorney-General David Parker in late 2021. She was admitted to the bar in 1994 and practised as a barrister, first at Greenlane East Chambers before founding Verus Chambers in 2012.   

In 2018, the Herald reported on a trial of a man on drug-related charges noting that Pecotic represented him in court.  The article noted that the case was appealed to the Court of Appeal: "Pecotic and Golriz Ghahraman - who is now an MP and the Green Party's police and corrections spokesperson - appealed".  

Immediately after the March 13 hearing, a spokesperson for the Chief District Court Judge's Chambers told ZB Plus that counsel or a sitting judge is able to raise a perceived conflict of interest through a recusal process but "no perceived conflict was raised".  

"As it concerns a matter before the court it would not be appropriate to comment further." 

The District Court Recusal Guidelines state: "The guiding principle is that a Judge is disqualified from sitting if in the circumstances there is a real possibility that in the eyes of a fair-minded and fully informed observer the Judge might not be impartial in reaching a decision in the case". 

The test considers the circumstances relevant to the possible need for recusal because of apparent bias and whether those circumstances lead to a reasonable apprehension the Judge may not be impartial. 

What might lead to a reasonable apprehension that the Judge might decide the case other than on its merits has to be ascertained as well as whether there is a logical and sufficient connection between those circumstances and that apprehension.  

The guidelines also recommend that if the issue is not clear cut, the Judge should consult the Chief District Court Judge, relevant Principal Court Judge or other senior judge.  

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Alternatively, the guidelines recommend that the Judge raise any potential or perceived conflict in open court or otherwise issue a minute addressed to the parties drawing their attention to the relevant circumstances, inviting them to indicate if they have any views on whether the Judge should preside over the hearing.  

ZB Plus understands that a complaint was made in mid-March to the Office of the Judicial Conduct Commissioner, which referred to media reports that highlighted the previous close working relationship between Pecotic and Ghahraman, which could be perceived to potentially influence the fairness and impartiality of judicial proceedings. 

The complaint was made under the Judicial Conduct Panel Act, which is intended to enhance public confidence in, and protect the impartiality and integrity of, the judicial system. 

In early April, the Deputy Judicial Conduct Commissioner concluded a preliminary investigation and determined that under section 17(1) of the Judicial Conduct Panel Act she had to refer the matter to the Chief District Court Judge given his role in setting standards for best practice in the Court and to oversee the training and continuing education of Judges. 

ZB Plus understands that a referral does not imply that there necessarily has been conduct by the Judge breaching the District Court Recusal Guidelines.

Video has also circulated on social media that appears to record Ghahraman meeting the Speaker of the House, Gerry Brownlee, on April 17 at a cafe on Federal St, Auckland. 

A spokesperson for Brownlee told ZB Plus this morning that the Speaker did not condone Ghahraman's conduct and that the meeting was purely social. The spokesperson added that it would not have been appropriate for the Speaker to discuss the ongoing case with Ghahraman and that that did not happen.  

The Chief District Court Judge was contacted for comment but did not respond before publication.

ZB Plus also contacted Ghahraman and her lawyer, Annabel Cresswell, for comment.  Neither responded.