Graeme Edgeler: electoral law expert and barrister on New Zealand waiving immunity for Australian diplomat's partner

A legal expert sees a reasonable chance New Zealand could waive diplomatic immunity after allegations about an Australian diplomat's partner surfaced.

Sky News has reported the partner was involved in an altercation in central Wellington early on Sunday.

New Zealand Police have confirmed they're seeking to waive diplomatic immunity for an individual, so charges can be laid.

Electoral law expert Graeme Edgeler says such actions tend to be on a step by step basis.

"The friendlier we are with those countries, the more likely it is that they might agree."

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Episode Transcript

Speaker 1 (00:00):
And the New Zealand Police are seeking to waive diplomatic
community for an Australian diplomat's partner after allegations of an
early morning altercation in Wellington just hours after the Bledislow
Cup test. One person was taken into custody but then
later released without charge after confirmation of diplomatic community. Graham
Edgler is an electoral law expert and is with us

(00:21):
on this good evening, Good evening, how does diplomatic community
actually work?

Speaker 2 (00:28):
When another country wants to send someone to New Zealand
as a diplomat or as a family member of a diplomat,
they told New Zealand, these are the people we would
like to send. Will you agree to them having diplomatic community?
If New Zealand says yes, when they enter the country
on a diplomatic passport, we recognize that the Ministry of

(00:50):
Foreign Afairs takes note. There'll be a list. These are
the people who have diplomatic community in New Zealand. And
it's basically a protection from legal process. So the law
still applies to you, but the way we enforce the law,
we just can't right about a community remains okay.

Speaker 1 (01:11):
So so if you if you commit a crime allegedly
and you are arrested, we then can't proceed with with
legal proceedings beyond that, yes.

Speaker 2 (01:22):
And often it would be you shouldn't even be arrested.
Of course, you know, people understand what Sometimes you know,
you're not quite sure who this person is, get drunk
or whatever. You know, they might not have idea on them,
you know, So that sort of thing happens. But yes,
you can't be summons as a witness even but yes,
can't be prosecuted, can't be sued, and you know, sort

(01:45):
of we have the same benefits in other countries, and
benefits in certain countries more than others, you know, countries
where certain behaviors in New Zealand, you know, or another
countries you know, can't be out in public without a
man kind of thing and sort of as les countries
or things like that. And yeah, so it protects them
when they're here, and protects how diplomats.

Speaker 1 (02:06):
Overseas and theoretically, could you theoretically, and no one is
leading this has happened in New Zealand, could you commit murder?
Could you commit any crime?

Speaker 2 (02:17):
Yes? And I mean, well, but can you you know,
it's the one, it's not a crime. Well no, no,
definitely still a crime, right, And so one of the
things that can happen then is if you have diplomatic community,
New Zealand can say no, we're canceling it. You've got
a week to get out of the country or whatever. Right,

(02:39):
and quite common in New Zealand for New Zealand to
seek permission from other countries that diplomatic community be waved
and sort of the friendlier we are with those countries,
the more likely it is that they might agree. It
doesn't always happen, but there have been a few instances
over the last few years where either a relatively minor

(03:01):
or a slightly more serious matter has come up. Sometimes
the other country says no, but we all prosecute it
in our own courts, right, and then our police might
help help with getting evidence over there to enable something
like that to happen. But yes, the basic idea at
you get to sort of the end the other country
can say no, but certainly not unlan for them to

(03:22):
say yes, and for New Zealand to do the same
for you know, family members who might be in places
ever seen.

Speaker 1 (03:29):
So what what do you think is the police's chance
that they are going to get the diplomatic community waived
in this instant.

Speaker 2 (03:36):
From what we understand, I think there'd be a reasonable chance.
Given the country we understand to have been involved. I'm
not aware of you the last time, you know, this
sort of thing happened with that country. But you know,
it's these sort of relative, relatively minor things quite common

(03:57):
for something like this the other country to say, okay,
we're going to wag, but they do tend to do
it sort of at a step by step basis. So
if you know, if you need a search warrant, that'll
be the thing you request first. If you need something else,
you know, we want to charge, you know, you'll do it,
you know, step by step. You know, a simple, relatively
simple metal like this, where you know, maybe you've got
some ctdview footage and you probably don't need to do

(04:18):
a search warrant to get someone's phone or anything like that.
It might just be actually, we need to charge this person.
Do you agree? You know, is the charges we would lay.
Do you agree? And it'll be sort of spelled out
in some level of detail and up to the other
country what they do.

Speaker 1 (04:34):
Yeah, it's really interesting. Graham you're you're, you're very good
at explaining this, so thank you for your time. That
is electoral law expert Graham Edgeler Brian nick Mel's

Speaker 2 (04:43):
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