High-speed diplomats can expect fines chase

By Keith Perry

Foreign delegates attending this year's Apec conference may have diplomatic immunity from prosecution - but they will be pursued for parking tickets or traffic fines, the Ministry of Foreign Affairs and Trade confirmed last night.

Diplomatic protection will not apply to acts involving firearms. This means foreign diplomatic protection officers could be arrested for firearms breaches, despite being granted police permission to carry guns in New Zealand during Apec.

Ministry sources said New Zealand was keen to avoid the confusion that arose in 1995 about the diplomatic immunity of Indonesian Minister for Tourism Joop Ave. He fled the country aboard a private jet before police had a chance to question him about allegations of sexually assault on a male hotel employee.

The minister did not have immunity while attending the Auckland tourism conference, where the alleged assault took place.

Immunity given to accredited foreign representatives is in line with the Vienna Convention on Diplomatic Relations. It is written into our law, and means protection from all criminal prosecutions, including murder.

However, diplomats are unlikely to escape completely.

Foreign Affairs said diplomatic immunity this year for around 3500 delegates would operate on the same lines as the Commonwealth Heads of Government meeting in Auckland in 1995, at which 900 delegates and staff were given immunity.

The ministry's chief of protocol, Tony Browne, said: "The fundamental principle of the convention is that you are expected to obey the laws of the country to which you are posted. That doesn't give you carte blanche to break the law.

"If anyone decides to step outside that, while we may not be able to pursue them through the courts, there are various sanctions that are available, such as putting political pressure on their home country for them to be dealt with.

"If they get a speeding ticket they won't be able to throw it in the bin. The matter will be pursued."

Mr Browne said that if a foreign diplomat committed a more serious offence, such as sexual assault, there would be no question of police backing off if a diplomatic card was presented.

The matter would be investigated and a report sent to the relevant country.

An Auckland police spokeswoman, Robyn Orchard, said: "Police working with the overseas VIPs have received extensive briefings on the different customs as well as the law relating to diplomatic immunity. [The officers] will be well-equipped to deal with any problems that arise."

And while diplomats can technically avoid having their luggage searched at Auckland International Airport, customs officials can open visitors' bags if there is a strong suspicion that agricultural or quarantine laws are breached.