Police have confirmed they have taken enforcement action against two people after a gathering was held on Saturday in breach of Auckland's alert level restrictions.
A 63-year-old man had been charged with Failing to Comply with Order (Covid-19) under the Covid-19 Public Health Response Act and would also be appearing for breach of his bail conditions.
A 60-year-old woman had also been charged with two counts of Failing to Comply with Order (Covid-19).
The police statement does not identify the Tamakis but the couple were told to attend Auckland Central police station today. Brian Tamaki is 63 years old.
Both people charged are due to appear before the Auckland District Court later today via video link.
Acting Auckland City district commander Superintendent Shanan Gray said police could not rule out further arrests being made in relation to this event.
'I have done nothing wrong' Tamaki tells supporters
The couple had claimed they had not broken the law, saying they are innocent of any wrongdoing attending a mass anti-lockdown protest at the weekend.
The couple were met with rapturous applause after they were told to report to the Auckland Central Police Station today.
"I am basically innocent. I have done nothing wrong," Tamaki said before entering the complex this morning.
He maintained he did not incite anyone to break the law at the rally on Saturday, keeping all the Covid requirements.
Tamaki told the crowd of up to 100 supporters he had the right to protest and had stuck to his bubble.
Most people at the gathering at Auckland's Domain were complying with the Covid restrictions, he said, and had gone out of their way to stick to restrictions. He remained puzzled over why he has been targeted by police.
"I think this is a National issue today…it's a very important issue to all New Zealanders, the right to gather," he said.
He said the Government's new Covid-19 framework, the traffic light system, was the beginning of segregation and was going to discriminate against those who made a choice.
Tamaki predicted 2023 was going to be very dark days for this country and the freedom to protest and the freedom of speech was under assault right now.
"It's cost everything we have to stand for the freedom and rights of all New Zealanders. I believe that this is a great example about whether we're going to go forward and fight for our freedoms or roll over for a Government that does not care for its people," Tamaki said.
He said people had misunderstood "why we're doing this".
He said he was not a criminal and his arrests were a waste of taxpayer's money.
Earlier, Hannah Tamaki confirmed she has been called into speak with police along with her husband Brian.
On a livestream video this morning, she issued a message of thanks to supporters including those people of faith who are praying for them.
Around 100 supporters of Destiny Church leaders gathered outside the police station ahead of the controversial leader's arrival.
Some held placards saying "Free to speak" near the entrance of the building, but most stood on the curbside waiting for the Tamakis. SOme where chanting, with one man leading the crowd through a megaphone, with shouts of "freedom" ringing out.
About half the crowd were wearing masks at today's gathering, with a range of attendees from young children to the elderly.
A small group of masked police officers were positioned at the entrance of the central Auckland building while other officers wander through the crowd.
In a post to social media ahead of their apopintment, the couple had been told by their lawyer that the police wanted to speak to both of them and they were on their way to Auckland Central police station.
"I don't know why they want me to go with him, but we are both going," she said.
"Have an awesome day, enjoy the freedom that you presently have because that's important."
She finished off reminding Facebook followers that they were standing for the rights of all New Zealanders.
Up to 2000 people turned out to the Auckland Domain on Saturday in protest against the current Covid lockdown measures.
Brian Tamaki took to the stage at one point, saying he was standing on the right to protest.
He referred to New Zealand as "Jacindaland" before denouncing Covid restrictions and vaccine mandates.
"I am not a citizen of Jacinda's New Zealand. I refuse to be a part of the New Zealand she is creating.
"I don't really want to be in the news. I'm tired of it after 30 years ... I hate it," he said.
Tamaki has already appeared in court twice since early October. The first appearance was on charges for organising a rally on October 2, allegedly in breach of Covid restrictions - he has pleaded not guilty.
He was ordered to stay away from future protests but was in court again on October 20 for fronting up at the second Domain protest on October 16, allegedly breaching bail.
He was allowed to remain free on bail on several conditions.
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".
'I'd rather live in dangerous freedom' - Brian Tamaki
Before announcing Tamaki to the stage, his wife Hannah said with a laugh they have been in contact with their lawyer Ron Mansfield QC every day concerning their legal issues stemming from the Domain protests.
Mansfield told the Weekend Herald he expected Tamaki was compliant with his bail conditions around the Covid-19 Public Health Act.
"The conditions are not intended to prevent him taking part in a lawful protest. Whether others agree with the protest or not - a protest is not an unlawful activity," he said.
"The conditions are to prevent him from being or encouraging non-compliance with Covid requirements. I need to say he has denied ever doing that."
Mansfield conceded "obviously I am not there", but said Tamaki had instructed him that he had not sought to be: "defiant as some have claimed or to breach the law, let alone his bail conditions".
"He [Tamaki] has just sought to express his views on government policy, like many have, whether they are for or against [them]."
After the protest, Hannah Tamaki told Facebook fans she had encouraged her husband to speak at the protest.
"I will and have always encouraged him to do things for people. All people matter, whether they share our faith or not," she said.
"As Brian keeps quoting: 'I'd rather live in dangerous freedom than live in peaceful slavery'."