Authorities in New Zealand have taken the rare step of asking Australia to lift immunity for the partner of a diplomat allegedly involved in a drinks brawl after 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 to AAP as a “drunken punch” involving the male partner of an Australian diplomat stationed in the Kiwi capital, who was wearing Wallabies gear.
“Police took one person into custody, who was later released without charge after it was confirmed he had diplomatic immunity,” a New Zealand Police spokeswoman said.
Dixon St, the location of the incident, has popular pubs and two strip clubs.
The man’s identity has not been released, but it is understood the person involved is not the partner of the Australian High Commissioner in Wellington, Harinder Sidhu.
Australia’s Department of Foreign Affairs and Trade confirmed the matter without providing further details and made no 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 an altercation following the Bledisloe Cup.
The department lists 18 Wellington employees on its website, along with six male partners.
Sky News reported that the man told police he was immune from New Zealand laws when he was arrested.
Diplomatic immunity is a right granted to representatives based abroad, allowing them the freedom to conduct diplomatic business without being arrested or detained.
Families of diplomats are given the same privilege during their overseas postings.
Due to the seriousness of the alleged crime, New Zealand Police confirmed they had applied to strip the man of immunity.
New Zealand’s Ministry of Foreign Affairs and Trade said it has contacted the Australian High Commission about the incident.
“It is the New Zealand government’s expectation that foreign representatives and their recognized family members will comply with New Zealand laws and regulations,” a ministry spokeswoman said.
A decision on whether to withdraw immunity could fall to Australian Foreign Minister Penny Wong.
The piece of international law that sets guidelines for diplomats, the 1961 Vienna Convention on Diplomatic Relations, stipulates that immunity can only be waived by the sending state, in this case Australia.
It is not yet clear whether Australia will do so, or how strongly New Zealand will insist on lifting immunity.
Such requests are rarely made and only “exceptionally” granted, says Donald Rothwell, professor of international law at the Australian National University.
“It only occurs in rare cases… and only when there is an exceptionally serious crime,” he told AAP.
“The ball is in Australia’s court in terms of how it responds.”
Another option is for Australia to simply withdraw the diplomat and partner from their posts, removing the legal issue.
That diplomatic wrangling is likely to play out behind closed doors between officials, with politicians on both sides of the Tasman declining to comment on Wednesday.
The incident came hours after another trans-Tasman match – the second leg of this year’s Bledisloe Cup rugby union series.
The All Blacks defeated the Wallabies 33-13 at Sky Stadium, two kilometers north of where the altercation took place.
It was the All Blacks’ ninth straight win over the Wallabies, confirming the Bledisloe Cup will remain in New Zealand for the 22nd year running.