The Bangkok Post reports the officer’s gun was discharged during the incident, but it did not hit anyone.
Waikato University international law expert Alexander Gillespie told The Front Page podcast that Kiwis tend to assume the same rules apply when they go overseas.
“It’s partly a false sense of security and it’s also partly a degree of naivety on some Kiwi travelers that they assume the Kiwi charm will carry them through some very difficult situations,” Gillespie said.
“You go into other countries and you can be facing everything from the death penalty to very long periods of incarceration.”
When it comes to the Day brothers, Gillespie says it’s a tricky example.
“The difficulty that these men have is that nothing galvanises a country like an assault on a police officer by foreigners. And so there’ll be a large push to make sure they face the consequences.”
There’s also an assumption among Kiwi travellers that if they get into trouble, the Ministry of Foreign Affairs and Trade (MFAT) will send in the cavalry.
“Mostly what MFAT will do is it will make sure you have the ability to phone home so you can talk to your family and friends. It will probably provide you with a list of local lawyers that you can utilise. But it won’t pay your legal aid bill and it won’t actually get in there and advocate on your behalf.”
On the flipside, if the New Zealand embassy or foreign affairs staff do get involved, there is a risk the situation can go from bad to worse.
“Because sometimes - if it becomes a political issue - countries get their back up and they refuse to back down. And we saw that with Australia and the Bali Nine, which led to the executions,” Gillespie says.
Last year, 135 New Zealand citizens contacted MFAT for assistance overseas involving law infringements.
They mainly came from Australia (38) and China (17), along with the US (9), UK (8), United Arab Emirates (8) and Thailand (7).
It’s up from the 93 New Zealand citizens who sought help in 2022 - and MFAT’s consular case breakdowns from 2020/21 show 78 people got in touch.
These only refer to instances the ministry has been made aware of - so the number of Kiwis in legal trouble worldwide may be more.
Listen to the full episode to hear more about what rights New Zealanders have if they get in trouble overseas.
The Front Page is a daily news podcast from the New Zealand Herald, available to listen to every weekday from 5am. The podcast is presented by Chelsea Daniels, an Auckland-based journalist with a background in world news and crime/justice reporting who joined NZME in 2016.
You can follow the podcast at iHeartRadio, Apple Podcasts, Spotify, or wherever you get your podcasts.
