Covid 19 Delta outbreak: Destiny Church leader Brian Tamaki gets bail conditions tweaked

Controversial Destiny Church leader Brian Tamaki is now allowed to set foot on Auckland Domain again, but not if it is during an anti-lockdown or anti-vaccination protest.

High Court Justice Geoffrey Venning has agreed to the slight tweak to the Covid-19 activist's bail conditions after his lawyer appealed against the restrictions at a hearing on Friday.

The Bail Act restricts reporting of what was argued during the hearing and much of Justice Venning's ruling, which was published on Tuesday.

Tamaki, 63, has been charged three times over his attendance at Auckland Domain lockdown protests. He has pleaded not guilty to all of the charges, including allegations he violated the conditions of his bail.

"You have been skating on very thin ice today," Auckland District Court Judge Steve Bonnar said after Tamaki's most recent arrest on November 23, as the judge put in place more explicit bail restrictions. "I have seriously considered whether you should be remanded in custody."

Tamaki was first called to the district court on October 12, accused of helping to organise and promote an October 2 lockdown protest. He was granted bail by Judge Brooke Gibson, but under the conditions he not "organise or attend any protests in breach of any Covid-19 level requirement" and not "use the internet for the purpose of organising, attending or encouraging non-compliance with the Covid-19 Public Health Response Act 2020".

Brian Tamaki appears in court via an audio-visual feed from the Henderson Police Station during his October 20 Auckland District Court hearing. Photo / NZME

However, he issued a statement just hours later promoting a follow-up protest at the same spot the next weekend. He returned to court about one week later, after attending the October 16 protest.

At that appearance, before Judge Josephine Bouchier, Tamaki was charged with breaching bail conditions and with an additional count of violating a Covid-19 lockdown order. Judge Bouchier issued a stern warning but allowed Tamaki to be released on bail again.

After taking the stage again alongside wife Hannah Tamaki at a November 20 protest, both were charged with lockdown violations. Hannah Tamaki is still awaiting her first appearance in court, but her husband was arrested and appeared the same day via audio-visual link.

At that hearing, Judge Bonnar agreed to alter Brian Tamaki's bail conditions further to explicitly bar him from Auckland Domain. The judge also altered an existing condition to make it clear Tamaki is barred from speaking at gatherings deemed unlawful.

"I want to make it abundantly clear that to you, Mr Tamaki, if we have this situation arise again it is entirely possible you will be remanded in custody until these matters are determined," he said.

The High Court decision means Tamaki can now visit Auckland Domain for recreation or to visit Auckland Museum.

But he cannot be at the domain on any day that a protest against the Covid-19 Public Health Response Act is advertised or taking place, Venning determined.

Brian Tamaki's next court appearance is scheduled for January 11 at Auckland District Court. Hannah Tamaki is set to make her first court appearance two days later.