An Auckland judge is suing the New Zealand Herald over reports relating to an alleged aggravated burglary at her home.

New Zealand First leader Winston Peters claimed in parliament in August that the death of television personality David McNee could have been avoided if his killer had been prosecuted for an incident at Employment Court judge Coral Shaw's home in September 2002.

Police decided not to prosecute Phillip Edwards despite DNA matching him to the Shaw house.

In papers lodged at the High Court in Auckland, Judge Shaw says some of Peter's allegations reported by the Herald were untrue and defamatory.

Edwards will be sentenced on Thursday.