Landmark Case Won by Brian Tamaki
- Brian Tamaki
- Nov 21, 2024
- 6 min read
The Inside Story
Thursday 21st November 2024
Brian Tamaki
NZ Police vs Brian Tamaki + Co...and I won!
Three years later, in the middle of a three-week court case, they have finally dropped all police charges against us for organising and attending COVID protests.
Here’s my Punch Points:
This case is a win for the NZ Bill of Rights. Our rights matter!
This case upholds our Right to Protest, even during a state of emergency.
This case highlighted this was a political prosecution against me, as they attempted to silence and shut me down for challenging the government’s decisions.
At the time, I was consistently challenging PM Jacinda Ardern on these points:
Kiwis had been locked down for over 7 weeks, and Sir Ashley Bloomfield said we may never return to life as normal with no alert levels. These lockdowns were causing significant harm to the mental health, social needs, spiritual needs and finances of Kiwis.
Kiwis were being mandated out of work if they did not get vaccinated
Kiwis were being segregated from society if they did not have a vaccine pass
This case proves that I was wrongfully imprisoned for 10 days in Mt Eden prison, and wrongfully held on home detention for a further 67 days. A judge confirmed I never breached my bail, therefore the arrests for breach of bail were unlawful.
This case proves that Free Speech has finally won at the end of the day, as they attempted to censor me with my charges and conditions of bail, but I refused to be silenced. They attempted to prohibit me from using the internet to communicate messages, or to speak publicly at protests. Freedom of Speech Reigns!
This case enforces the importance of citizens standing up to protest when governments are making wrong decisions. Over the time we protested, the voice of the people won, and politicians had to relent in their lockdowns, their mandates, and their segregation. People power won over political power!
This case exposed our very own domestic terrorists – the NZ media – they continue to peddle disinformation and control the masses through the selective propaganda they report. They have done more damage than anyone gives recognition to, and pressured politicians and police to take action against me.
I know my courage to stand up to the government gave many others the courage to also stand. I knew it was my duty as a community leader to stand up for the Kiwis who were suffering under the extended lockdowns, with suicides, depression, family harm, and youth offending all skyrocketing over this time.
Which politicians were involved in Political Interference?
Here’s a quick overview...
PM Jacinda Ardern: She sent Cabinet Minister Willie Jackson to pressure me on multiple occasions to adhere to her COVID restrictions, including a visit he paid to my home, and an online meeting.
The Department of Prime Minister and Cabinet (DPMC) engaged in correspondence with the NZ Police in the week following the first protest, discussing whether I should be charged:
The Principal Advisor to Police Commissioner, Renee Perkins, also forwarded an email on 5 October 2021 to DPMC and Politicians with the online petition ‘Change.org’ calling for ‘Police Commissioner to charge Brian Tamaki’
PM Jacinda Ardern was very vocal in Press Conferences about her condemnation of our protest action.
Cabinet Minister Willie Jackson: He demanded an urgent meeting with Deputy Police Commissioner Wally Haumaha and myself on the 1 Oct 2021 ahead of the first protest, attempting to interfere in the Police handling of this protest.
Minister of Police Poto Williams: She demanded regular updates from NZ Police on how they were dealing with me. We revealed in our court case multiple emails and texts between the Minister of Police and NZ Police regarding my arrest.
On the Monday, 5th October, following our first protest, Williams received ‘factual updates’ from a Police Private Secretary regarding Brian Tamaki, which they have fought not to disclose under OIA to ‘protect the confidentiality of advice and maintain legal professional privilege.’ Which raises the question, of why was the Police Commissioner’s office seeking advice and legal information from Parliament. I was then charged later that day by NZ Police.
The Minister of Police wanted to also see Police press releases regarding me before they were released to the public, as revealed in multiple emails shared.
Cabinet Minister, Kelvin Davis: He was very vocal in his condemnation of me prior to the Police charging me.
MP Judith Collins: She was also vocal in saying that I would not have been able to protest if she was in charge. Again, this is prior to the Police charging me.
MP David Seymour: He was vocal to the media saying it’s not fair if I get off scot-free.
Auckland Mayor Phil Goff: He called me an idiot for protesting the COVID lockdowns.
MP Simeon Brown: He attempted to pressure in Parliament the Minister of Police, Poto William on 18 October 2021, following the second protest asking “Has Brian Tamaki been charged for breaking COVID-19 gathering restriction rules during the weekend of the 16th of October, if so, what charges have been laid?”
Minister of Transport, Michael Wood: In Parliament, he attempted to call me out for “illegal gatherings” – how wrong was he!
MP Mark Mitchell: He attempted to pressure the Minister of Police, Poto Williams on 15 December, to take action against me, and questioned the content of texts between Wally Haumaha and myself on September 28 2021.
Government in General:
The government (including Internal Affairs) also had access to Facebook’s portal with takedown powers to remove posts that they did not approve of. I had multiple Facebook posts removed during this time, which is why I now use X (formerly Twitter).
Sidenote: If you don’t already follow me on X, do so now, @briantamakinz, as I continue to hold politicians to account and provide insight into societal issues.
Multiple emails regarding the charging and arrests of Brian Tamaki were sent to DPMC, Ministry of Health, COVID-19 Response team, and Members of Parliament.
How did the Prosecution Case unravel in the courtroom?
Over the entire first week, the prosecutor called a long list of Police Officers to give evidence against me and the team. They had spent hours and hours putting together hundreds of photos and videos of our protest action.
As the Prosecution concluded their evidence last week, our lawyer Ron Mansfield, presented a submission arguing the finer technicality of “attending a gathering”, to which the judge deliberated and issued a reserved decision in our favour. So on Tuesday the Crown Prosecutors decided to drop all charges for Hannah and Kaleb, and reduced my charges to 1 x attending, and 1 x organising. Jenny was also reduced to 2 x organising.
With this fresh win under our belts, on Tuesday afternoon Jenny & I began to give evidence of the measures we took to comply with the COVID-19 restrictions, while still upholding the right to protest.
As we began to unfold our evidence, the prosecution’s case against us quickly began to diminish. Our intention to comply with the COVID-19 restrictions was clear.
The nail in the prosecution’s coffin came, though, when we played over Tuesday and Wednesday our recording of the Zoom meeting held in September 2021 between me, Police Commissioner Andy Coster, and Deputy Commissioner Wally Haumaha. It was plain for everyone to see that the NZ Police upheld our right to protest and were working with me to ensure the protest remained peaceful and didn’t become violent like the Melbourne protests at the time, and they weren’t too concerned about social distancing but encouraged mask-wearing. This meeting with the Top Cops was jovial and affirming and created expectations for me as I proceeded with the protests.
For three years, I have kept the recording of this meeting confidential, but during the court case, this was the opportune time to bring it to light.
The NZ Police had no intention to charge us initially, but after significant political interference and media pressure, they relented.
As we appeared in court on Wednesday morning, the prosecution presented yet another offer, that they would drop all organising charges, if I would plead guilty to attending the protest on 2 October 2021, and they would consider a discharge without conviction.
We had come too far now, for me to plead out, and there was no way I would accept any admission of guilt, so we continued to present our strong case.
The prosecutor’s demeanour in the courtroom said everything, as their heads dropped and they slumped back in their chairs. It was evident they had no case against us. They had lost all the wind in their sails.
As we broke for the morning tea break, we knew a win was imminent.
Sure enough, the prosecutor approached Ron Mansfield in the break to advise they were dropping all charges in the matter of public interest.
After three years, after my wrongful imprisonment, after all the stress they have inflicted on us, the defendants and our families, after the significant cost to the taxpayer, they finally admitted it was not in the best public interest to pursue this case any further.
Our team will now take time to refresh, reflect and celebrate.
At the end of the day...the people have spoken. The people have won!
This win our team have gained, is a win for every single person who attended one of our protests over the past three years.
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