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 facility 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 street and did a haka for the Destiny Church leader.
After nine days, Tamaki was released from prison on a 24-hour curfew alongside a number of other bail conditions after Justice Paul Davison "quashed" the January 17 decision of a District Court Judge remanding Tamaki in custody.
As people cheered and motorbikes revved 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 a video, posted on The Freedoms & Rights Coalition Facebook page, 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 turnout. 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 against.
In a decision released this afternoon, Justice Davison granted bail under the same conditions imposed by Justice Venning's December 17 judgment, alongside additional conditions, including a 24-hour curfew requiring Tamaki to remain at home.
Tamaki was also not to hold gatherings at his home for the purpose of organising, attending or encouraging noncompliance with the Covid-19 Public Health Response Act 2020.
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.
The decision said the 63-year-old's lawyer Ron Mansfield had noted that every time Tamaki was arrested, he had been fully co-operative and the court could have confidence he would comply with a bail condition imposing a restrictive 24 hours curfew.
However, Crown Prosecutor David Johnstone noted that - given Tamaki's "continued unwillingness to comply with his bail conditions" - the court could have no confidence that he would treat a curfew condition "any less flippantly" than he had previously treated other bail conditions.
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.
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.