The Australian Deputy Prime Minister has been unable to confirm whether his government will waive the diplomatic immunity of an Australian accused of being involved in a “drunken” altercation in Wellington.

New Zealand police on Wednesday confirmed an individual – understood to be the male partner of an Australian diplomat - was taken into custody after an altercation on Wellington’s Dixon St on Sunday morning.

He was released without charge after it was confirmed the man held diplomatic immunity, but police were seeking a “waive of diplomatic immunity”, which can be granted by a diplomat’s home country.

Police on Thursday afternoon said they were still waiting to hear if a waiver would be granted, while the New Zealand Ministry of Foreign Affairs (Mfat) said any decision rests with the Australian Government.

Richard Marles, the Australian Deputy Prime Minister and Defence Minister, is in New Zealand for the South Pacific Defence Ministers’ meeting. During a press conference to wrap up the event on Thursday, he was asked whether Australia would grant the waiver.

“I am limited in what I can say here,” Marles said. “It is the absolute expectation of Australia that our diplomats and the families of our diplomats abide by the laws of the countries in which they are guest, and that very much applies here in New Zealand.”

Australian Deputy Prime Minister Richard Marles. Photo / Tim Hunter

He said the situation was being dealt with by New Zealand police, the Australian High Commission and the Australian Department of Foreign Affairs and Trade (Dfat), and they would “work out those mechanisms”.

Marles couldn’t confirm whether the diplomat’s partner remained in New Zealand or if they had left.

“I am not going to, nor am I in a position to, go through the specifics of that.”

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Prime Minister Christopher Luxon wouldn’t comment at a media standup on Thursday afternoon, saying he wasn’t “fully up to speed with all details”.

A statement from Mfat on Thursday said waivers were a matter for the country sending diplomats.

“Therefore the decision rests with the Australian Government should a request for waiver be made to the High Commission. MFAT won’t be commenting further on the matter at this stage.”

The incident, reported by AAP as being described as a “drunken punch-up”, came just hours after the All Blacks’ victory over the Wallabies at the capital city’s Sky Stadium. Dixon St in central Wellington is home to many of the city’s most popular bars and clubs.

AAP reported that it was understood the man was wearing Wallabies supporters gear during the time of the incident.

Diplomatic immunity is granted to foreign representatives to ensure they can perform their duties with freedom, independence and security.

Electoral law expert Graeme Edgeler told Newstalk ZB’s Jack Tame on Wednesday that he thought there would be a “reasonable chance” police would get the diplomatic immunity waived in this instance, because Australia was the country involved.

“I’m not aware of the last time this sort of thing happened with that country, but [with] these sort of relatively minor things, [it’s] quite common for something like this for the other country to say, ‘Okay, we’re going to waive it’,” he said.

Edgeler said diplomatic immunity was “basically a protection” from legal process. He said the law still applied to the person who had diplomatic immunity, but it couldn’t be enforced.