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Brian Tamaki walks free: Destiny Church leader wins appeal

Author
Katie Harris, NZ Herald,
Publish Date
Wed, 26 Jan 2022, 1:30PM

Brian Tamaki walks free: Destiny Church leader wins appeal

Author
Katie Harris, NZ Herald,
Publish Date
Wed, 26 Jan 2022, 1:30PM

Destiny Church leader Brian Tamaki has left Auckland's Mt Eden Corrections Facility after winning his appeal against being remanded in custody. 

He exited the prison about 5.30pm today and got into a waiting car. He left without speaking to supporters. 

As Tamaki was driven away from the facility, people who had gathered outside the facility filled the streets and did a haka for the Destiny Church leader. 

A car carrying Brian Tamaki is surrounded by supporters as he leaves Mt Eden prison this afternoon. 

As people cheered and motorbikes reeved their engines, the white car carrying Tamaki slowly made its way through the crowd. 

Supporters surrounded the car and walked with it as it drove away. 

In the video, a woman speaking to the camera says "surrounded by a crowd of ecstatic people, Brian Tamaki is a free man tonight". 

"Everybody's celebrating. What a beautiful haka, what a beautiful turn out. I can't help but be overjoyed." 

Judge Evangelos Thomas had last week remanded the high-profile church leader in custody until a court appearance tomorrow, a decision Tamaki immediately appealed. 

In today's decision, Justice Paul Davison said Tamaki's appeal was allowed and the January 17 decision of the District Court Judge remanding Tamaki in custody was quashed. 

Instead, Tamaki was granted bail under the same conditions imposed by Justice Venning in a December 17 judgement, along with a 24-hour curfew that required Tamaki to remain at home. 

The church leader was also barred from holding gatherings at his home for the purpose of organising, attending or encouraging noncompliance with the Covid-19 Public Health Response Act 2020. 

Supporters celebrate Brian Tamaki's release. 

Tamaki's bail conditions include: 

  • Not to organise, attend, support or speak at any protest gathering in breach of current Covid-19 Level requirements.
  • Not to access or use the internet for the purpose of organising or encouraging non-compliance with the Covid-19 Public Health Response Act 2020, or any orders made pursuant to the Act.
  • Not to attend at, enter or remain at the Auckland Domain on any day that a protest against the Covid-19 Public Health Response Act 2020 or Orders under it, is advertised or a gathering in breach of the Covid19 Public Health Response Act 2020 or Orders under it is taking place.
  • To reside at his home in Auckland, subject to a 24-hour, seven days a week, curfew
  • Not to arrange or attend any meetings or gatherings of people to take place at his home for the purpose of organising or encouraging non-compliance with the Covid-19 Public Health Response Act 2020, or any orders made pursuant to that Act.

The bail conditions would remain in place until Tamaki's charges were 
determined by the District Court or unless varied by further order of the court. 

Tamaki has been in Mt Eden Prison since being arrested at his Auckland home on Monday last week for allegedly breaching his bail conditions by speaking at a January anti-vaccine rally in Christchurch attended by more than 100 people - more than allowed under the Covid-19 traffic light system. 

Through his lawyers, Tamaki, who is facing five charges relating to allegedly breaching Covid-19 lockdown restrictions by attending Auckland Domain lockdown protests and for breaching bail, said last Monday he'd "defend what is alleged when permitted". 

Tamaki has already pleaded not guilty to all charges. 

Between 200 and 300 supporters have been gathering outside the prison since Tamaki was imprisoned last Monday. 

Supporters gather outside the Mt Eden prison where Destiny Church leader Brian Tamaki is being held. Photo / Alex Burton 

A Facebook Live video was posted on Destiny Church-aligned The Freedoms & Rights Coalition Facebook page this afternoon. 

In it, supporters, who are gathered outside Auckland's Mt Eden Corrections Facility, said church leader Brian Tamaki would be released from the facility "very shortly". 

The song Celebration played as people lined the street. 

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