European Union asked to waive immunity for Wellington rental stoush

STUFF

Delegation of the European Union to New Zealand deputy chief of mission Eva Tvarozkova has found herself in a diplomatic rental stoush. (File photo)

The European Union has been asked to waive diplomatic immunity for a diplomat owing Wellington landlords $20,000.

The  issue comes down to a $1500-per-week house Delegation of the European Union deputy chief of mission Eva Tvarozkova rented in the hills above Wellington Harbour but moved out of early with unpaid rent and some damage to the house.

But the Tenancy Tribunal case has become entangled in international law because Tvarozkova has diplomatic immunity, which includes immunity from the Tenancy Tribunal.

Ministry of Foreign Affairs & Trade (Mfat) confirmed it had tried to get the EU to waive immunity for Tvarozkova after she was taken to the Tenancy Tribunal by her former Wellington landlord. The EU was yet to respond to the request.

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A spokeswoman for the Delegation of the European Union in Wellington – where Tvarozkova still works – thanked Stuff for the chance to talk but would not comment on Thursday due to concerns around diplomatic immunity protocol. 

These concerns also mean Tvarozkova cannot tell her side of the story.

Tvarozkova  had rented 61 Pretoria Rd, Karaka Bays off Rebecca Van Den Bos and Matthew Ryan.

A Tenancy Tribunal order shows Tvarozkova  was ordered to pay $14,314 to the landlords in unpaid rent, as well as other incidentals. Her $6000 bond was also to be handed over.

That order showed that the "high quality" rental was charged out at $1500 per week and the fixed term rental ended in September 2018 but Tvarozkova left early. She did not appear at the Tenancy Tribunal hearing.

Ryan, one of the landlords, said it had been a problematic tenancy and complaints from the tenants were "nearly-daily" and sometimes unfounded – ranging from too many spiders to the water pressure being too low.

It culminated when he got a demand to fix one of the heat pumps that day. That conversation ended with Ryan telling the man living with Tvarozkova: "If you guys carry on this way you probably need to move out".

Ryan said he had been up much of the night before with a young baby and apologised but the tenants had used that as an excuse to move out.

But he was mostly upset that they did not turn up to Tenancy Tribunal, then didn't appeal, then waited for Mfat to step in. He believed Tvarozkova and the man living with her – thought to be her partner – were hiding behind immunity.

An Mfat spokesman said New Zealand cannot waive diplomatic immunity for another country and it was a decision left to the European Union.

"Mfat has asked the European Union to consider waiving diplomatic immunity to allow the Tenancy Tribunal case to proceed." 

He confirmed on Thursday that the EU had not "at this point" waived immunity.

Mfat had not been made aware of the Tribunal case before the hearing but, once it found out about it, advised it of the diplomatic immunity issue.

The Tribunal then ordered a formal hearing to consider the effect of the diplomatic immunity, he said.

"[Mfat's] role is to advise New Zealand courts on our international legal obligations. We take no position on the facts of the case.

"Foreign diplomats in New Zealand have automatic immunity from New Zealand court jurisdictions, including the Tenancy Tribunal, in accordance with the Vienna Convention on Diplomatic Relations 1961."

This was a binding legal obligation and upholding diplomatic immunity was not an option for Mfat or the New Zealand government.