The way has been cleared for an Australian diplomat’s partner to face charges over a post-Bledisloe Cup street fight after Australia removed his immunity from prosecution.
In late September, New Zealand police arrested and detained a man in the hours after the Wallabies lost to the All Blacks, only to release him later due to the quirk of law.
Video has since emerged of the incident, published by New Zealand outlet Stuff, where a man being arrested yells, “You f***ing stupid fa***t. I’ve got diplomatic immunity!”
The man’s identity has not been released and police are yet to detail the charges they seek to press.
Diplomatic immunity is a right commonly afforded to overseas-based representatives giving them freedom to conduct diplomatic business without being arrested or detained.
Diplomats’ families are also given the same privilege during overseas postings.
Given the seriousness of the incident, NZ Police initiated a request to have immunity stripped from the man so he could be charged.
On Wednesday, a week after the incident was first reported, a spokesperson from NZ’s Ministry of Foreign Affairs and Trade confirmed Australia had granted the request.
“The Australian government has provided waivers of immunity, enabling next steps to be taken by police,” the spokesperson said.
“The matter is now with NZ Police. MFAT won’t be commenting further.”
NZ Police and Australia’s Department of Foreign Affairs and Trade have been contacted for comment.
Stuff interviewed a 19-year-old who provided the video and was involved in the altercation, which occurred about 3.30am.
The teen said the man approached his group of three people, becoming aggressive.
“He just flipped a switch and he got really aggressive and just started screaming at all of us ‘I’ll take on all three of you’,” the teenager said.
“He screamed at us at the top of his lungs ‘I’m ready to die, I’ll take on all three of you’.
“Once the police arrived they barged him into a wall and he started screaming over and over ‘I’ve got diplomatic immunity’.”
The case is a sensitive one for politicians on both sides of the ditch, who have sought to avoid discussing the matter.
While NZ Police requested the waiver, no Kiwi politician offered public support for the move.
Prime Minister Chris Luxon sidestepped whether he supported the man facing charges, and Foreign Minister Winston Peters has declined to comment throughout.
“That’s an issue for police,” Luxon said when asked by journalists about the matter.
“I’m not going to go into that issue while there’s an investigation going on and ultimately that’s an issue that needs to be worked through properly.”
Australia’s Deputy Prime Minister Richard Marles also avoided specifics when asked about the case while in New Zealand for a regional defence ministers meeting.
“We expect all of our diplomats and our diplomats families abroad to abide by the laws of the countries of which they are in. That is a matter which is well understood by our diplomatic community,” he told Radio NZ.
