Wellington police seek diplomatic immunity waiver to charge Australian

Wednesday, 2 October 2024

Police in Wellington were called to an early morning altercation allegedly involving the partner of an Australian diplomat.

NZ police are seeking to have the Australian’s diplomatic immunity waived, so they can lay a criminal charge against them.

Police in Wellington are trying to charge the partner of an Australian diplomat, alleging they were involved in an “altercation” in the early hours of Sunday morning.

Police were called at 3.30am to a drunken brawl on Dixon St, involving three people. When they took the Australian man back to the Wellington police station, he claimed diplomatic immunity and was then released.

But the New Zealand police were still trying to charge the man, and have asked the Australian High Commission to waive his immunity.

The High Commission in Wellington refused to comment when Stuff asked if it would agree to waive his immunity, which would mean he would face charges over the alleged incident.

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The commission referred questions “to Canberra”, the Department of Foreign Affairs and Trade’s headquarters - which has not responded to the request for comment. The department said it was weighing up privacy obligations.

The incident has been raised at the highest levels, with ministers briefed on both sides of the Tasman.

A police spokesperson said officers were called to “an altercation between three people on Dixon Street” at 3.30am on Sunday morning.

It had been a busy night on the streets of Wellington, after the All Blacks beat Wallabies, 33 to 13, at Sky Stadium in the capital.

The Australian was released after claiming diplomatic immunity, but police have sought to have that immunity waived to charge them over the incident.

“Police took one person into custody who was later released without charge after it was confirmed they held diplomatic immunity,” the spokesperson said.

“Police will be seeking a waiver of diplomatic immunity in order to lay charges.”

The New Zealand Ministry of Foreign Affairs and Trade said it expected foreign nations to waive immunity if “a serious crime is alleged to have been committed”.

Guidelines from the ministry said New Zealand expected immunity to be waived when there were serious concerns, as the local judicial system was recognised as “open, fair and responsible”.

It said the waiver request would have been sent to the Head of Mission, in this case Australian High Commissioner Harinder Sidhu.

The guideline said a “serious crime” was an offence which carried a maximum sentence of a year or more in prison. That could include common assaults, theft, and dangerous driving.

Diplomats were guaranteed immunity from being detained, charged and convicted in the countries where they were posted, under the Vienna Convention.