An Auckland man accused of infecting another man with HIV has had charges against him thrown out.

The defendant, in his 40s, was due to go to trial at Auckland District Court this week on one count of causing grievous bodily harm with reckless disregard and one of committing a criminal nuisance by doing an unlawful act.

If found guilty, he could have faced up to seven years in prison.

But a recent application to have the charges dismissed by his lawyer Lincoln Burns was granted by the court after the Crown could not come up with the documentary evidence needed to support its case.


At a hearing last year there were discussions regarding prosecutors' problems in trying to obtain waivers so seven other parties' medical files could be disclosed to the defence.

It is understood those men had also been in a physical relationship with the complainant around the same time.

It had been alleged that between December 2014 and January 2015, the defendant "failed to take reasonable precaution of a dangerous thing, namely HIV, knowing such an act would endanger the life of [the complainant]".

The defendant, complainant and all other related parties were given permanent name suppression.

Mikio Filitonga, 36, faces identical charges and, though completely unrelated to this case, was charged just weeks later at Auckland District Court.

He will go to jury trial in June.

In 2005, the first case of its type came before the court when Lower Hutt man Justin Dalley was charged with two counts of criminal nuisance.

But they were dismissed because he used a condom during intercourse.

In 2009, Glenn Richard Albert Mills was facing 28 charges against 14 complainants when he was found dead while on remand in custody.