New Zealand Prime Minister Chris Luxon has sidestepped questions about whether Australia should lift diplomatic immunity for a diplomat's partner involved in a street fight in Wellington.
In the early hours of Sunday morning, a man was involved in a fight on the streets of Wellington, New Zealand.
The man, who is the partner of an Australian diplomat, was reportedly wearing clothes that supported Australia’s rugby team. This happened after Australia lost the Bledisloe Cup rugby match to New Zealand.
Police were called to Dixon Street, where the fight took place, and they arrested the man. However, they released him because he has diplomatic immunity. This means he cannot be charged or punished unless Australia agrees to remove that protection.
Neither the man nor his diplomat partner has been named. New Zealand police want to charge him and have officially asked Australia to lift his immunity. But it’s not up to the police to decide – that choice is in Australia’s hands, and the final decision may be made by Australia’s Foreign Minister, Penny Wong.
So far, police haven’t said exactly what charges they want to file. They are waiting to see if the immunity is removed before moving forward.
When New Zealand Prime Minister Chris Luxon was asked about the case, he didn’t take a clear side. He said he wasn’t fully aware of all the details but made it clear the police were handling it.
"I'm not going to comment while there's an investigation happening," Luxon said. "It needs to be worked through properly."
This situation is tough for the Prime Minister because he became the leader in 2023 with a strong message about being tough on crime. But unless the immunity is waived, the man might never face any charges.
It’s not clear how hard New Zealand and Australia are working behind the scenes. Both countries’ governments have kept their public statements brief.
New Zealand’s Ministry of Foreign Affairs and Trade (MFAT) confirmed that they officially asked for the immunity to be lifted. Australia’s Department of Foreign Affairs and Trade (DFAT) has said very little, only acknowledging they are aware of the case.
Australia’s Deputy Prime Minister Richard Marles was in New Zealand for a meeting when the story broke. He didn’t say much about it either.
"We expect all of our diplomats and their families to follow the laws of the countries they are in," Marles told a New Zealand radio station.
Wellington lawyer Graeme Edgeler, who knows about diplomatic immunity cases, believes Australia might agree to New Zealand’s request. He explained that these kinds of cases usually involve quiet talks between the countries.
“If the countries are friendly, they might agree,” Edgeler said. He also mentioned that both sides will likely discuss the charges before any decision is made.
Diplomatic immunity sometimes means that people can avoid charges, but countries can request for it to be lifted. New Zealand has both waived immunity for its diplomats and asked other countries to do the same in the past.
For example, in 2016, New Zealand let South Korea charge one of its diplomats after a dispute with police. In another case, a Malaysian diplomat was sent back to New Zealand to face charges for attempted rape. He ended up with home detention in 2015.
In 2019, a New Zealand military officer stationed in the United States was brought back to face charges after being caught trying to secretly record someone in a bathroom.
It’s unclear if the Australian diplomat’s partner involved in this recent street fight will face charges. Both Australia and New Zealand are dealing with the case, but the next steps depend on whether the man’s diplomatic immunity is lifted.