Covid 19 Delta outbreak: Destiny's Brian Tamaki appeals bail restrictions

Brian Tamaki appears via audio-video link at Auckland District Court after his 23 November arrest. Photo / NZME

A lawyer for controversial Destiny Church leader Brian Tamaki - charged three times over his attendance at Auckland Domain lockdown protests - has returned to court, seeking to alter his client's bail restrictions.

This time, defence counsel Ron Mansfield QC advocated for his client at the High Court at Auckland, appealing restrictions that had been put in place last month at Tamaki's most recent Auckland District Court appearance.

The Bail Act restricts reporting of what was argued during the hearing. Justice Geoffrey Venning, who heard the case on Friday, has not yet issued his decision.

During Tamaki's last District Court appearance on November 23, Judge Steve Bonnar showed frustration that the church leader had been charged for the third time in less than two months. Tamaki has pleaded not guilty to all of the lockdown violation charges, as well as allegations he violated the conditions of his bail.

"You have been skating on very thin ice today," Judge Bonnar said. "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".

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-video link.

Brian Tamaki has taken his bail conditions appeal to the High Court at Auckland. Photo / NZME

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.