AAP reports that the incident was described as a “drunken punch-up”.
The All Blacks beat the Wallabies 33-13 on Saturday night at Sky Stadium. Dixon St is in central Wellington and is home to some of the city’s popular bars and clubs.
The spokeswoman said police would be seeking a “waiver of diplomatic immunity in order to lay charges”. A waiver could be granted by a diplomat’s home country.
In a statement, Australia’s Department of Foreign Affairs and Trade confirmed it was aware of the incident.
“Posted officials and their dependants are expected to respect the law of the countries to which they are posted.”
The statement did not address whether it would allow the person’s immunity to be waived, saying it wouldn’t comment further due to “privacy obligations”.
It was understood the offices of the Prime Minister, Foreign Minister and Police Minister were all made aware of the incident earlier this week.
PM Christopher Luxon, who attended the rugby on Saturday, refused to comment. A spokesman for Foreign Minister Winston Peters said he would not be commenting on the incident.
A statement from the Ministry of Foreign Affairs and Trade said it was aware of the incident but said it was a matter for police.
“The Ministry has been in contact with the Australian High Commission, as appropriate,” the statement read.
“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 statement said the ministry would not comment further “out of respect for the privacy of those involved”.
A spokeswoman from the Australian High Commission referred the Herald’s request for comment to the Australian Government.
Defence Minister Judith Collins is this week hosting the South Pacific Defence Ministers’ meeting in Auckland, which involves defence representatives from Australia, Fiji, France (through New Caledonia), Tonga, Chile and Papua New Guinea
It was understood Australia’s Defence Minister and Deputy Prime Minister Richard Marles would be attending the meeting today.
A spokeswoman for Collins’ office did not comment but it was understood Collins had been told about the incident.
What is diplomatic immunity and how can it be waived?
“Immunity” can be granted to diplomats and their families under international law – the Vienna Convention on Diplomatic Relations 1961.
It’s a long-standing principle designed to ensure diplomats and foreign representatives can perform their duties with freedom, independence and security, as the Ministry of Foreign Affairs and Trade (Mfat) explains.
Former British High Commissioner Vicki Treadell told the Herald previously this was particularly useful in countries with poor human rights.
Diplomatic immunity means a person cannot be arrested or detained, prosecuted or subpoenaed as a witness. They can, however, be issued a traffic infringement notice.
MFAT documents set out how the New Zealand Government expects the sending state – the country the diplomat is representing – to waive immunity of a foreign representative or accredited family member where a serious crime is alleged to allow for legal proceedings against the individual.
The definition of a “serious crime” here is one with a penalty of imprisonment of 12 months or more.
“Serious crimes therefore include offences against persons such as murder, manslaughter, sexual offences, and common assault; certain driving offences such as dangerous driving causing injury; and certain property offences including theft of more than $500,” Mfat documentation says.
An individual who is immune from local jurisdiction cannot waive their own immunity.
Immunity belongs to the sending state, not to the individual, and must be waived by the sending state, MFAT says.
In 2020, then Prime Minister Jacinda Ardern said she had spoken with South Korea’s President over disappointment that diplomatic immunity was not waived during the police investigations facing a South Korean diplomat.
In late August, the South Korean diplomat was given a suspended jail sentence after he was convicted of sexually assaulting a New Zealand staffer at a Wellington embassy.
In 2018, a landlord was left fuming at Mfat who protected a foreign diplomat who owed $20,000 in rent and damage to the property.
The Tenancy Tribunal had ruled in favour of the Wellington landlords – but Mfat intervened, saying the proceeding should never have taken place because the person had diplomatic immunity.
Adam Pearse is a political reporter in the NZ Herald Press Gallery team, based at Parliament. He has worked for NZME since 2018, covering sport and health for the Northern Advocate in Whangārei before moving to the NZ Herald in Auckland, covering Covid-19 and crime.
