Brian Tamaki has been released from prison on a 24-hour home curfew after a successful appeal against being remanded in custody for allegedly breaching his bail conditions by attending a Christchurch protest.
It comes after the Destiny Church leader was arrested at his home by police on the morning of January 17.
"The man has been arrested in relation to a breach of bail conditions following an event in Christchurch on 8 January 2022," police said at the time.
He was then ordered to be remanded in custody at Auckland’s Mt Eden Prison until his next hearing on Thursday, January 27.
The decision was made at Auckland District Court where Tamaki appeared via video link.
However, on Wednesday afternoon Justice Paul Davison ordered the original decision overturned, allowing Tamaki to be released on a 24-hour curfew, seven days a week.
The curfew states he has to stay within the boundaries of his home. He is banned from holding gatherings at his house, "for the purpose of organising, attending or encouraging non-compliance with the Covid-19 Public Health Response Act."
The judge's view is that the 24-hour curfew mitigates the risk of Tamaki offending while he’s on bail. The judge also says if Tamaki’s eventually found guilty his penalty isn’t likely to be more severe than a community based sentence or a fine, making it “unjust” to detain him longer.
According to the judgement Tamaki wrote a letter to the court in which he accepts “that if he engages in any similar conduct” to the things that led to his charges, like organising a protest, he’ll be remanded in custody again.
Tamaki supporters camped outside the prison were seen celebrating the news.