Police seeking to waive diplomatic immunity following Wellington altercation

Police are seeking to waive diplomatic immunity in order to charge the partner of a diplomat, following an altercation in Wellington.

Police responded to an altercation between three people on Dixon Street, at around 3.30am on Sunday.

One person was taken into custody, but was released after it was confirmed they held diplomatic immunity.

"Police will be seeking a waiver of diplomatic immunity in order to lay charges," a police spokesperson said.

Sky News is reporting the person is the partner of an Australian diplomat.

The Ministry of Foreign Affairs and Trade said it was aware of the incident and has been in contact with the Australian High Commission.

"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," a spokesperson said.

The Australian High Commission referred RNZ on to the Australian Department of Foreign Affairs and Trade in Canberra.

DFAT said it was aware of the matter, but was unable to provide further comment due to privacy obligations.

The offices of foreign affairs minister Winston Peters and Prime Minister Christopher Luxon did not have any comment.

According to MFAT, under the Vienna Convention on Diplomatic Relations 1961, diplomatic staff and their families were granted immunity from arrest or prosecution, and cannot be detained or subpoenaed as a witness.

This can be waived if the New Zealand government believes a serious crime (an offence for which the penalty is a term of imprisonment of 12 months or more) is alleged to have been committed, and it is in the public interest to prosecute.