New Zealand Police are seeking to waive diplomatic immunity so charges can be laid against a partner of an Australian diplomat understood to have been involved in an “altercation” in Wellington early on Sunday morning. 

In a statement, a police spokeswoman confirmed one person was taken into custody following an “altercation” between three people on Dixon St in Wellington about 3.30am on Sunday - just hours after the All Blacks played the Wallabies in the Bledisloe Cup in the capital city. 

However, as first reported by Sky News Australia, the person was released without charge after it was confirmed they held diplomatic immunity. 

It is understood the person was the male partner of an Australian diplomat stationed in the city. 

Sky News Australia has reported the person was wearing rugby-themed attire. 

AAP reports that the incident was described to them 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”. 

It was understood the offices of the Prime Minister, Foreign Minister and Police Minister were all made aware of the incident earlier this week. 

The Herald has requested comment from PM Christopher Luxon, who attended the rugby on Saturday. 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?

Diplomats and their families are granted “immunity” under the Vienna Convention on Diplomatic Relations 1961.

Diplomatic immunity means a person cannot be arrested or detained. They cannot be prosecuted or subpoenaed as a witness. They can, however, be issued a traffic infringement notice.

According to the Ministry of Foreign Affairs and Trade (Mfat), 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 have been committed to allow for legal proceedings against the individual.

The definition of a “serious crime” here is one which the penalty is a term 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 can not waive their own immunity. Immunity belongs to the sending State, not to the individual, and must be waived by the sending State, Mfat says.

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.