2011-11-29 - NEWSTALK ZB - JUDGE RESERVES DECISION OVER OCCUPY PROTEST
Applause, hissing, a yoga practice and even an illegal web stream have disrupted court proceedings against the Occupy Auckland movement.
At least 50 Occupy Auckland protestors have moved from Aotea Square into the city's District Court today.
This comes as the Auckland Council seeks an injunction to stop breaches to local bylaws.
After at least 45 days occupying the central city square, the council has also issued the group with a trespass notice in response to public feedback asking for them to be removed.
The notice was issued yesterday afternoon and was effective immediately.
Auckland Council believes the group has cost ratepayers at least $46,000 in security bills, $8,000 for damage to the square's edge and a further $80,000 in damage to the grass and irrigation system below their tents.
Occupy Auckland's representative, Penny Bright, says they're being unlawfully discriminated against.
She says the group, made up of white middle class students, the homeless and even some former prisoners, are forming the embryo of an exciting and new society.
The judge has reserved his decision.
Meanwhile if the Auckland Council wants to move protestors on from Aotea Square it will have to prove they're doing more than just annoying people.
Otago University law professor Andrew Geddis says police can't enforce the trespass notice until they get a court order saying the orders have been properly given.
He says that has to be balanced with the Bill of Rights.
In order to overcome those rights, it has to be shown the protesters are doing something more than simply just annoying or irritating people, they actually have to be having a negative impact on the use of the public space, he told Newstalk ZB's Mike Hosking.
Mr Geddis says the court has to look at the council's reasons for forcing the protestors out.
Mayor Len Brown says they've been incredibly fair in allowing members of the group to exercise their freedom of speech.
But he says the tents can't stay there forever and Aotea Square needs to be returned for all Aucklanders to use.
The mayor and council staff have met with the protesters on a regular and ongoing basis.
But the movement has constantly declined to declare a departure date and are refusing to move despite the notice.
Chris Glen, one of the members says as far as they're concerned, it's still a lawful, peaceful protest and they have no intention of moving on.
There are still many problems in our society that haven't been solved overnight, that haven't changed since the general election and we will continue fighting and standing up for people that are disenfranchised and have been disadvantaged by our society.
Mr Glen says the group always welcomes discussions with councils and other community organisations.
Our last meeting with the New Zealand Police, we met with Auckland Area Commander Andrew Coster last Friday and he was of the opinion that this is still a lawful protest action and that no immediate action will be taken by the New Zealand Police.
He says the group was in the process of forming a response to a request from the Mayoral Office to vacate the square when they received the trespass notice.
Protesters in other parts of the country are keeping a close eye on their counterparts in Auckland.
The Dunedin City Council has already made similar moves against protestors there.
Protestors remain in the capital, and have posted their concern about what's happening online.
One supporter says if Auckland goes, that's it for the rest of the country
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