Australia waives immunity for diplomat’s partner after late night brawl

Wednesday, 9 October 2024

GRAPHIC WARNING: Stuff understands this video shows an incident police are investigating involving a diplomat’s partner. Please note that the man's voice has also been edited.

The Australian Government has waived immunity for the partner of a diplomat after a late night brawl in central Wellington.

The matter will now be passed back to police, who will consider pressing charges.

Police were called to a drunken brawl on Dixon St that involved three people early in the morning of September 30.

When they took the Australian man back to the Wellington police station, he claimed diplomatic immunity and was subsequently released.

But more than a week later, a spokesperson for the Ministry of Foreign Affairs and Trade has confirmed that the Australian Government has provided waivers of immunity, enabling next steps to be taken by police.

“The matter is now with NZ Police. Mfat won’t be commenting further,” the spokesperson said.

Footage of the incident provided to Stuff shows what is understood to the stoush in question. Among expletives and a homophobic slur, a man is captured shouting: “I’ve got diplomatic immunity.”

The Post asked police whether charges have now been laid.

“Police are in communication with the Australian High Commission as we continue to investigate this incident,” a spokesperson said.

“We are unable to comment further while those enquiries are ongoing.”

A still from the video that appears to show a foreign diplomat's partner being arrested after a drunken brawl in central Wellington last month.

There are about 18 Australian diplomatic staff in Wellington, according to Mfat information, and six male partners of these diplomats.

Under diplomatic immunity provisions in New Zealand law, diplomats and their recognised family members may not be arrested or detained, be called as witnesses in court proceedings or be prosecuted.

However, a waiver of this immunity can be sought in cases where “serious crimes” with the potential of a sentence of 12 or more months imprisonment have been committed. This includes murder, sexual offences, assault, and some driving and property offences.

If the country refuses to waive the immunity, the Ministry of Foreign Affairs and Trade would then request the person be removed from New Zealand.

A request may be made for the person to be charged in their home country, or police may continue an investigation and lay charges in case the person returns to New Zealand. Extradition can also be sought.