The evidence was given in the Auckland District Court as Mikio Filitonga stands charged with causing grievous bodily harm with reckless disregard and with committing a criminal nuisance by doing an unlawful act.
The court heard from Filitonga's then-partner, who has name suppression, that soon after the pair met at Western Springs Park in 2014 the pair started a sexual relation ship during which the accused each advised the other they did not have HIV. The Crown position is that Filitonga had known since 2013 that he had HIV and was fully aware of his obligation to disclose his health status to his sexual partner.
In emotional evidence the partner said he subsequently became ill during an overseas holiday and soon became aware that the illness symptoms were consistent with sero-conversion. His attempts to ask Filitonga if he had HIV were ignored and he tested positive for HIV in December 2014.
The defence says although the partner had tested negative for HIV in late 2013 the Crown will have to prove that he did not have unprotected sex with anyone else who might have had HIV between then and his subsequent positive test.
Under New Zealand law an HIV-positive person does not have to disclose their status to their sex partner if they use a condom for anal sex.
The case continues at the Auckland District Court.