Australian deputy PM quiet on Aussie who claimed diplomatic immunity

Thursday, 3 October 2024

The incident took place on Wellington’s Dixon St in the early hours of Sunday.

Australian Deputy Prime Minister Richard Marles has declined to confirm whether diplomatic immunity will be waived for the partner of an Australian diplomat facing charges, after an early morning brawl in Wellington.

Marles, who was in Auckland on Thursday for a meeting of South Pacific defence ministers, said his government expected its diplomats and their families to abide by the laws of New Zealand, however he was “limited” in what he could say about the matter.

An Australian diplomat’s partner was arrested about 3:30am on Dixon St on Sunday morning, hours after the Bledisloe Cup rugby match, after police responded to a three-person fight. The Australian claimed diplomatic immunity and was released, however police have asked for this to be waived so charges could be laid.

The Australian High Commission and Department of Foreign Affairs and Trade have so far refused to answer questions about whether a waiver will be granted.

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“This matter is being handled by the New Zealand police, and in Australia is being handled by the Australian High Commission and Department of Foreign Affairs, and they'll work out those mechanisms,” Marles said.

“But I would want to make completely clear that our expectation as a government is that our diplomats and our families are bound by the laws of the countries in which they live.”

Asked if the diplomat’s partner remained in New Zealand, Marles said: “I’m not going to, nor am I in a position to, go into the specifics of that.”

Ell Barrio owner Greig Wilson, who had two businesses on Dixon St open at the time of the fight, said he had spoken to his staff and security who saw police headed to the incident.

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The staff reported they had seen “three police officers flying down Dixon St”.

“They were running really fast, followed by a [police] wagon, so it must have been quite serious.”

A spokesperson for police said on Thursday morning they were still waiting to hear back about whether immunity would waived, a process that sat with Mfat.

The Ministry of Foreign Affairs and Trade (Mfat) said it had spoken to the Australian High Commission.

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

A Mfat spokesperson yesterday said, “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.”

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.