A Slovakian diplomat has escaped punishment despite refusing to pay the $20,314 she owes in damage to property and unpaid rent to a Wellington landlord.
The Tenancy Tribunal ruled that Matthew Ryan and Rebecca Den Bos, whose Karaka townhouse Eva Tvarozkova stayed in at an expense of $1500 a week, could not expect to be paid due to her automatic diplomatic immunity in New Zealand.
Tvarozkova was told she had to pay the sum in April, but that ruling was reversed when lawyers representing the Ministry of Foreign Affairs and Trade (MFAT) and the EU delegation argued her immunity hadn't been considered.
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Those lawyers restated that position in the rehearing, citing the Vienna Convention on Diplomatic Relations 1961, which states that "a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State", as well as "civil and administrative jurisdiction".
The landlords' lawyers argued that Ms Tvarozkova's lease of the property fell outside of her official function as a diplomat. They also pointed to variation internationally as to how the relevant Vienna Convention article was interpreted.
However, they were ultimately unsuccessful in their bid to make Tvarozkova pay the sum - with the tribunal concluding that the Convention did apply in this case.
It also ruled that Tvarozkova could request to get the $6000 bond she paid for the property back.
Mr Ryan told Newstalk ZB the tribunal's decision proves "landlords have no rights", and "sends a message to diplomats that they can behave appallingly".
"I think the entire decision is a travesty," he said.
In May, MFAT was placed in a tricky position when it was forced to advise the tribunal it should never have proceeded with the ruling because Ms Tvarzkova was entitled to automatic diplomatic immunity.
MFAT had asked the EU delegation to waive immunity in late March, and also advised the tribunal of what it deemed to be a miscarriage of justice in accordance with its legal obligations.
Newshub.
