New Zealand authorities have taken the rare step of asking Australia to waive the immunity of the partner of a diplomat allegedly involved in an alcohol-fueled brawl following a Bledisloe Cup test.
An altercation between three people in central Wellington around 3.30am on Sunday attracted the attention of local police.
The incident has been privately described by the AAP as a “drunken brawl” involving the partner of an Australian diplomat stationed in the New Zealand capital, who was wearing Wallabies gear.
“Police detained one person who was later released without charge after it was confirmed he had diplomatic immunity,” a New Zealand police spokeswoman said.
Dixon St, the scene of the incident, has popular pubs and two strip clubs.
The man’s identity has not been revealed, but it is understood that the person involved is not the partner of the Australian High Commissioner in Wellington, Harinder Sidhu.
Australia’s Department of Foreign Affairs and Trade has confirmed the matter without providing details and has not provided public comment on the sensitive incident first reported by Sky News.
New Zealand authorities want the partner of an Australian official to lose his diplomatic immunity after he was involved in a post-Bledisloe Cup altercation.
The department lists 18 employees based in Wellington on its website, along with six male partners.
Sky News reported that the man told police he was immune to New Zealand laws while he was being arrested.
Diplomatic immunity is a right granted to representatives based abroad that allows them the freedom to conduct diplomatic business without being arrested or detained.
Diplomat families enjoy the same privilege during their destinations abroad.
Due to the seriousness of the alleged crime, New Zealand police confirmed they have launched an application to remove the man’s immunity.
New Zealand’s Ministry of Foreign Affairs and Trade said it had contacted the Australian High Commission about the incident.
“The New Zealand government expects foreign representatives and their accredited family members to comply with New Zealand laws and regulations,” a ministry spokeswoman said.
The decision on revoking immunity could fall on Australian Foreign Minister, Penny Wong.
The piece of international law that sets out guidelines for diplomats, the 1961 Vienna Convention on Diplomatic Relations, dictates that immunity can only be waived by the sending state, which in this case is Australia.
It is not yet clear whether Australia will do so or to what extent New Zealand is pushing for immunity to be lifted.
Such requests are rarely made and are only granted “exceptionally,” said Donald Rothwell, a professor of international law at the Australian National University.
“It occurs only in rare cases … and only when an exceptionally serious crime has occurred,” he told the AAP.
“The ball is on Australia’s roof in terms of how it responds.”
Another option is for Australia to simply remove the diplomat and partner from their position, which eliminates the legal issue.
That diplomatic spat is likely to play out behind closed doors between officials, with politicians on both sides of Tasmania declining to comment on Wednesday.
The incident occurred hours after another Trans-Tasmania match: the back of the rugby series of the Bledisloe Cup this year.
The All Blacks defeated the 33-13 Wallabies in the Sky Stadium, two kilometers north from where the altercation occurred.
It was the ninth consecutive victory of the All Blacks over the Wallabies, confirming that the Bledisloe Cup will remain in New Zealand for the 22nd consecutive year.
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