According to latest reports, England and Wales Cricket Board in an issued statement has agreed on Ben Stokes' availability for the upcoming tour against New Zealand. 

Given the CPS decision to charge him and two others with affray, confirmation of his intention to contest the charge and the potential length of time to trial, the Board agreed that it would not be fair, reasonable or proportionate for Ben Stokes to remain unavailable for a further indeterminate period.

To date, Stokes has been unavailable for selection throughout the Police and CPS process around the incident in Bristol in September, a period which has included One-Day Internationals against West Indies, the Ashes tour and the start of the ODI series against Australia.

ECB fully respects the legal process and the player’s intention to defend himself against the charge.

England Selectors, management and players have been informed and Ben Stokes is expected to join the squad in New Zealand for February’s T20 matches.

This is what ECB quoted in an official statement on Stokes' case. 

“ECB is aware that Ben Stokes has been charged with affray in relation to an incident in Bristol in September.The Board will now convene within 48 hours to decide on Ben Stokes’ availability to represent England at this stage.A further announcement will be made in due course.”