By Dave Goosselink
Police are refusing to evict protesters from Dunedin’s Octagon, despite claims from the City Council that the campers are there illegally.
Police say they are balancing the rights and freedoms of all involved, but the Mayor believes they are under pressure from higher up.
But they are refusing to enforce a trespass notice issued by the city council – a decision Mayor Dave Cull says raises serious legal concerns.
“All councils have bylaws and if we’re now in a position where we don’t know which ones the police will enforce, that has implications right across the country,” he says.
In a letter sent to the mayor, police admit:
“It does appear that Occupy Dunedin may be contravening bylaws…”
But, “to date, police have not been made aware of any activity by the protesters that would justify police intervention”.
The only person arrested by police since the occupation began is a man who objected to the group taking over the Octagon.
But the police stance has the backing of Otago University law professor Andrew Geddis.
“The police have looked at the grounds on which the council is attempting to issue the trespass notice and the police just don’t believe there are good grounds in law for that notice to be given,” he says.
Mr Cull believes there is pressure from head office not to act just yet, but a police spokesman in Wellington insists that while they’re keeping an eye on the Dunedin situation, there is no national standpoint.
The protesters have shifted their tents to one half of the upper Octagon to allow grass to regrow and say they are having regular meetings with police.
“We have no disregard for the law. We believe we’re entitled to be here for the purpose that we’re here for, so nothing has really changed from our perspective,” says Occupy Dunedin spokesman Kieren Trass.
But Mr Cull says the community wants to see the campsite gone from the central city.
“They’re telling us that these guys have had a fair go, they’ve been there long enough – we want our Octagon back.”
The council is now considering its legal options, including hiring private security or getting an injunction from the courts to evict the group.
Meanwhile the city councils in Auckland and Wellington say whatever happens in Dunedin won’t affect the way they deal with Occupy protesters in their cities.
Protesters are based in the Civic Square in Wellington and Aotea Square in Auckland.
Both councils say they are in discussion with the protesters on a daily basis and would like them to move on.
But they say whatever action is taken will be in line with their own bylaws.
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