Tribunal rules in favour of diplomat
A foreign diplomat has got away with skipping out on paying $20,000 to her former landlord after using diplomatic immunity to dodge the cost.
Eva Tvarozkova, deputy chief of mission for the European Union (EU) Delegation to New Zealand, found herself before the Wellington Tenancy Tribunal for $14,314 in unpaid rent and incidentals, plus $6000 bond for her former house at Karaka Bays above Wellington harbour.
The Tenancy Tribunal originally ordered that the landlord, Matthew Ryan, was entitled to that money.
The Ministry of Foreign Affairs and Trade (MFAT) did not know about the hearing until later when it advised the tribunal about the diplomatic immunity issue and asked for the rehearing.
MFAT confirmed it had tried to get the EU to waive Tvarozkova’s immunity, but lawyer Peter Cullen, acting for Tvarozkova and the European Delegation, confirmed it was not waived.
Tvarozkova did not attend the Tenancy Tribunal hearing in June, when Cullen successfully argued that the tribunal had no jurisdiction over the diplomat, and the proceedings should be dismissed or stayed.
Diplomatic immunity would not apply only if the tenancy had been commercial activity outside the daily life of the diplomat, Cullen said. The private residential tenancy was not commercial.
A diplomat’s residence was used to host guests and maintain relationships that were part of their work, he said.
Ryan confirmed that he had received the Tenancy Tribunal’s decision on Monday afternoon. It ruled in favour of Tvarozkova by allowing her to use diplomatic immunity, which meant she was exempt from paying.
As well as not having to pay the $14,314 in unpaid rent and incidentals, the tribunal ordered that her $6000 bond be returned.
‘‘When the Geneva Convention was first created . . . I don’t think the intention was ever to protect diplomats from paying rent,’’ said Ryan.
He had planned to donate any money he won from the tribunal to charity – likely one helping homeless or disadvantaged people.
Acting Prime Minister Winston Peters said that in a similar situation New Zealand would pay up.
Diplomatic immunity was ‘‘really important’’ and had a ‘‘massive upside’’, he told Newstalk ZB.
‘‘Now and again you get a downside like this one, where somebody has taken on a tenancy, is not paying up, and the rules that apply to every other landlord-tenant relationship don’t apply to them,’’ Peters said.
When it was suggested the EU should be guaranteeing the rent of its diplomats, Peters said that was a ‘‘marvellous line of thought’’.
‘‘I wish it applied, it’s not happened so far,’’ he said.
New Zealand also did not have the right or capacity to dispatch the diplomat.