Shearer David: Questions for Oral Answer — Questions to MinistersText is incorporated into the Bound VolumeShearer David: Questions for Oral Answer — Questions to Ministers[Sitting date: 02 July 2014. Volume:700;Page:19123. Text is incorporated into the Bound Volume.]6.DAVID SHEARER (Labour—Mt Albert)to the Minister of Foreign Affairs: When did he first become aware of allegations that led to a Malaysian diplomat being charged with assault with the intent to commit rape and burglary and what actions did he take?Hon MURRAY McCULLY (Minister of Foreign Affairs):On Saturday 10 May I was advised that on 9 May a Malaysian diplomat had been arrested in relation to alleged serious offences and that the ministry had formally requested that diplomatic immunity be waived in order for charges to be proceeded with. This advice was provided to me because of the prospect of media inquiries. No steps were called for from me. The prosecution was a matter for the police and the immunity issues were dealt with by the protocol division of the Ministry of Foreign Affairs.David Shearer: Is the Malaysian Foreign Minister correct in asserting that Malaysia was willing to waive diplomatic immunity to allow the diplomat to face trial in New Zealand and enable a young New Zealand woman to receive justice; if so why did he not take him up on that offer?Hon MURRAY McCULLY: I have both seen the reported remarks of the Malaysian Foreign Minister and spoken to him last night and it is his position that his Government would be prepared to consider providing immunity. I have indicated to him that that was a matter for the New Zealand—Hon Members: Waiver.Hon MURRAY McCULLY: Sorry?Hon Members: Waiver.Hon MURRAY McCULLY: Oh sorry—a waiver. That is a matter for the New Zealand Police to consider. I want to make it also very clear that having been provided with advice on 10 May I was not aware that the immunity that was sought had not been waived until Friday of last week.David Shearer: Does he feel that his contradiction of the Malaysian Foreign Minister’s account of offering to waive immunity in front of the world’s media and then his blaming his officials for his lapse have damaged New Zealand’s excellent relationship with Malaysia?Hon MURRAY McCULLY: No. I can report that New Zealand’s relationship with Malaysia remains robust and strong. Until I saw Minister Anifah’s remarks yesterday I had no reason to believe that the information provided by officials to both me and the Prime Minister was incorrect. It was only when I saw Minister Anifah’s comments that I decided to undertake further inquiry to see how he had been under the impression that the outcome that occurred here was acceptable to the New Zealand Government.David Shearer: Given that the diplomat charged had been home in Malaysia for over 6 weeks when the story broke is it not true that if this issue had not been raised by the media he would have quietly swept it under the carpet and never mentioned it?Hon MURRAY McCULLY: If the member is suggesting that it would have been very desirable indeed for the ministry to have told me that the waiver of immunity sought had not been granted then I very strongly agree with him. I did not know until last Friday. I should have been informed.David Shearer: Given according to the Prime Minister today that he did not formally advise the Prime Minister earlier than last Saturday about the alleged assault by the Malaysian diplomat does he not think that he has failed in his duties as a Minister of Foreign Affairs and to the young woman concerned?Hon MURRAY McCULLY: I have made clear to the media today that I think there are two respects in which this matter is unsatisfactory. Firstly what should have been a clear and unambiguous communication of New Zealand’s desire to see the immunity waived seems to have been clouded by some informal communications which I saw for the first time last night and I have asked the chief executive to look into those matters in an appropriate way. With regard to the advice to the Prime Minister and to me it was incomplete. The advice that we had given to the news media and the New Zealand public was incomplete for that reason and I have taken that matter up separately as well.