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Home / New Zealand

Covid 19 Delta outbreak: Destiny Church's Brian Tamaki faces fresh charges over lockdown protest

By Craig Kapitan & Amy Wiggins
NZ Herald·
20 Oct, 2021 04:47 AM9 mins to read

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Watch: Destiny Church founder Brian Tamaki appeared in court for the second time in just over a week. Video / NZ Herald

Supporters of Brian Tamaki gathered outside Henderson Police station in West Auckland this afternoon as the Destiny Church leader faced a judge over video link inside.

Footage of the protest shows hundreds of people outside the police station, with several wearing Freedom NZ face masks and clothing.

An eyewitness said Tamaki had just been released in chaotic scenes with a Newshub TV crew and a photographer being assaulted by supporters. People spilled on to the street and narrowly avoided being clipped by Tamaki's entourage as it left at high speed.

Meanwhile Tamaki himself has claimed his arrest "cannot be justified" and that he's been charged due to "political and media pressure".

The police station protest comes as one of four people charged over lockdown protests has been confirmed to be Destiny Church leader Brian Tamaki, 63.

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He has been charged with failing to comply with an order under the Covid-19 Public Health Response Act and Alert Level 3 Order - and will also appear before the court for breaching bail conditions.

"It's been a long day; one that has frankly involved an unnecessary waste of police resources," Tamaki said in a statement this evening.

"Further, and in complying with the police requests, I stood against a greater risk of infection than I would in my ordinary life or at the event on Saturday. While I have been lawful and complied with the police requests, I believe that my arrest cannot be justified.

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"It happened simply as a result of political and media pressure for such action. This can be seen by the many ill-informed public statements by people who were not even there."

Tamaki's wife Hannah broadcast footage of the protesters chanting "free Tamaki" to Facebook live.

"I hope my hunny comes home tonight," Hannah Tamaki said to camera in one of the many videos she has posted to her Facebook page on the Henderson protest.

Tamaki was taken into custody this morning and appeared in court today via audio visual link.

Auckland District Court Judge Josephine Bouchier addressed Tamaki via an audio-video feed while he sat in a holding cell. She allowed him to be released again under the same bail conditions as last time but issued a strict warning that he follow the rules.

Tamaki said in his statement that he had "no intention of breaching a Court order" and "had no intention of inciting others to do so".

The Destiny Church leader was in attendance at a protest at Auckland Domain on Saturday that drew around 2000 people.

"I was entitled to attend any lawful 'gathering' as is any member of the public," Tamaki said in his statement.

"I did not mingle with others outside my 'picnic bubble'. I remained socially distanced from any others present who were outside that bubble. I knew others were eager to silence me, so I worked with security to ensure I remained socially distanced.

"I also wore a mask throughout, other than when speaking, as did anyone else with who I engaged with. This included those helping me be compliant.

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"Further, I am not anti-vaccination. I am simply protective of peoples right to choose for
themselves and without inappropriate enticement or threats. I do not agree with good hardworking people being forced out of work because they choose differently from what the Government wants them to."

Brian Tamaki released on bail after stern warning from judge

Destiny Church founder Brian Tamaki appeared in court on Wednesday for the second time in just over a week - this time in police custody and facing a fresh charge of violating a Covid-19 lockdown order by attending another lockdown protest.

But after a stern warning from the judge, he was ordered released again on the same bail conditions he is also accused of having violated.

Auckland District Court Judge Josephine Bouchier addressed Tamaki via an audio-video feed while he sat in a holding cell. Through his lawyer, he pleaded not guilty to the new charge.

Around the same time, a crowd that included wife Hannah Tamaki gathered outside the police station where he was being held, chanting, "Free Tamaki".

During his court appearance last week, for attending and helping organise an October 2 protest at Auckland Domain, Tamaki was allowed to remain free on bail on several conditions.

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One condition was that he not "organise or attend any protests in breach of any Covid-19 level requirement", while another was that he not "use the internet for the purpose of organising, attending or encouraging non-compliance with the Covid-19 Public Health Response Act 2020".

Tamaki and lawyer Ron Mansfield QC agreed to the conditions.

But just hours later Tamaki issued a public statement promoting a follow-up protest at Auckland Domain on October 16 - coinciding with the Government's "Super Saturday" vaccination push. He didn't plan to organise that protest but would attend a picnic with his family at the same location, he said.

Tamaki, 63, spoke at the Saturday protest but maintains he wasn't an organiser.

He is pro-choice, not anti-vax, he has also repeatedly said, contending that he was careful to stay socially distanced from those outside his bubble at both gatherings. In a social media post yesterday, Tamaki said he knew it could mean "prison time" if he wasn't stringent about social distancing.

If convicted of either of the protest charges, Tamaki could face up to six months' jail and a $4000 fine.

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Earlier this morning, Tamaki and wife Hannah Tamaki posted a video on social media explaining that they were headed to a police station so that police could "have another bite of the cherry".

He also said he was standing for "what we believe is our democracy".

Wife Hannah said this could be their last big battle for the Lord. "Somebody has got to be prepared to be a voice and an option for freedom to choose."

Brian Tamaki's legal dramas

Videos this afternoon show hundreds of people, including children, most of whom were wearing masks chanting "let Tamaki go" and "free Tamaki" outside the Henderson police station. A number of motorbikes can be seen riding past and revving in support.

Posting to Facebook live from the protest, Hannah Tamaki told the people who didn't like what they were doing to stop following them and "go and do your own thing".

"This is for those people who want and need to be heard. All of us together are making a stand for freedoms and rights," she said.

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"There are people in this group today who are vaccinated and they are still standing for the rights of other people to choose."

She appealed for people to be more gracious and be the "beautiful loving country we once were".

"Let's kick back against the people that are taking our freedoms and our rights and our liberties away."

She said they weren't going to go away because they had a right to protest and described the vaccine mandates as "disgusting" and "appalling".

She said they were going to make a documentary on what they had been doing.

Police said they were monitoring the situation at this stage.

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The charges follow Tamaki's boast on social media yesterday that he would not be charged over Saturday's lockdown protest.

Police said the event - held on Super Saturday, when the public was urged to get vaccinated - was in breach of the rules and they did not rule out further enforcement action.

Bishop Brian Tamaki at the Lockdown and vaccination protest at Auckland Domain on Saturday. Photo / Brett Phibbs
Bishop Brian Tamaki at the Lockdown and vaccination protest at Auckland Domain on Saturday. Photo / Brett Phibbs

This morning, Brian and Hannah Tamaki filmed themselves driving on an Auckland motorway, saying they were headed to a central police station for what Brian Tamaki described as "round two".

The last Facebook live video, captured by Hannah Tamaki, explained that they were now at a different Auckland police station for questioning.

Brian Tamaki earlier said he expected it was going to be "a bit more intensive" than yesterday's visit.

"It is the second round now. They want me to come into the central police station again and they are going to have another bite of the cherry, " he told followers on Facebook.

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He was turned away from the police station yesterday morning despite expecting to be charged for breaching bail conditions.

The church leader denied he has breached the strict bail conditions imposed on him two weeks ago after he pleaded not guilty to charges relating to illegally attending and organising the first Freedom and Rights Coalition protest at the beginning of the month.

Tamaki is defending the original charges, but his bail conditions prevent him from organising or attending any protests in breach of any Covid-19 level requirement.

In this morning's post, he said he was standing for "what we believe is our democracy".

Wife Hannah said this could be their last big battle for the Lord. "Somebody has got to be prepared to be a voice and an option for freedom to choose."

Bishop Brian Tamaki at the lockdown and vaccination protest at the Auckland Domain on Super Saturday. Photo / Brett Phibbs
Bishop Brian Tamaki at the lockdown and vaccination protest at the Auckland Domain on Super Saturday. Photo / Brett Phibbs

She said they had started from scratch and had nothing "lots of times" and it never affected them. "This could be about the sixth time.

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"Do I have to sell my house? Maybe. Am I going to cry about it? No, because God is no man's debtor."

She said she had already been doing an AP to her lawyer after seeking advice after being dumped from Dancing with the Stars.

The couple claims they are not anti-vax, but pro-choice.

Meanwhile, two Waikato men have been summoned to appear in the Hamilton District Court after a mass gathering at Claudelands Park on October 16.

A 46-year-old man has been charged with failing to comply and is due to appear on November 17.

A 56-year-old man has been charged with organising a mass gathering and failing to comply and is due to appear on November 16.

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In Northland District, a 47-year-old man has been summoned to appear in the Whangārei District Court on 25 October in relation to organising a mass gathering at Mander Park.

The Northland region was under alert level 3 when the gathering took place.

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