Australian diplomat's partner claims diplomatic immunity after Dixon St fight
Wednesday, 2 October 2024
Police want to lay charges against an Australian diplomat’s partner who claimed diplomatic immunity after an early-morning fight on Dixon St.
A police spokesperson on Wednesday confirmed police were seeking a waiver of the immunity so charges could be laid against the diplomat’s partner, understood to be a man, arrested after a three-person fight in the early hours of Sunday morning, after a Bledisloe rugby test in the capital.
Police officers arrested the man after being called to the fight around 3.30am on Dixon St, on Sunday morning. The spokesperson said the man was “was later released without charge after it was confirmed they held diplomatic immunity”.
A waiver of this diplomatic immunity was being sought so charges, not specified, could be laid.
A Ministry of Foreign Affairs and Trade spokesperson said the ministry had spoken with the Australian High Commission as was appropriate.
“It is the expectation of the Government of New Zealand that foreign representatives and their accredited family members will comply with New Zealand laws and regulations.”
The ministry would not comment further “out of respect for the privacy of those involved”.
A spokesperson for the Australian High Commission in Wellington referred queries to the Department of Foreign Affairs and Trade in Canberra, which has not responded to a request for comment.
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.