VIDEO: Evicted Auckland occupiers argue freedom of expression

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Mon, 23 Jan 2012 11:26a.m.

Police restrain an Occupy protestor

Police restrain an Occupy protestor

By James Murray

There were objections and struggles today as Occupy Auckland protestors were evicted by the council from four sites.

A protestor at Aotea Square, named on the Occupy Auckland Facebook page as Malcolm, disputed the rights of council workers to evict him.

He said his tent was a vital symbol to his protest and asked council workers what gave them the right to enter his abode.

When told by council workers that they were mandated by Council Bylaw number 20 and Section 164 of the Local Government Act, he argued he had a right to freedom of expression according to the Bill of Rights. Council workers backed off when the protestor attempted to take paperwork relating to today's eviction.

He then read parts of the Human Rights Act to gathered media.

However, under the legislation quoted council workers had the power to seize and impound property if it was not removed.

Later on the same protestor struggled with council workers as they tried to confiscate his tent. Supporters shouted at council workers and police saying they should not use force and claiming he was being assaulted.

One man shouted: "How does it feel to be a class traitor. You're being streamed live on the internet right now to the whole world. How does it feel to be a violent thug."

A woman, named on the Facebook page as Sue, joined the initial protestor in the van and said: "You need to leave this property alone. You are thieves."

The pair remonstrated with the police saying they were not doing "a very good job, these people are stealing our property".

A scuffle then ensued and the protestors ended up in the back of the van council workers were using to hold confiscated tents.

Police eventually dragged the pair from the van and appeared to arrest; during the arrest police formed a wall between news cameras and the incident.

Once the initial protestor was removed from the van police held him to the floor and restrained him with black plastic hand ties. The protestor complained that he had not yet been arrested and supporters shouted: "Stop brutalising him" and "what's the charge?"

Three policemen grabbed the protestor by the limbs and carried him away as people continued to ask what he was being charged with. The woman involved was also led away by police in handcuff.

"We have an appeal in the High Court," shouted onlookers. Supporters took the numbers of the policemen involved.

According to Occupy Auckland's Facebook page Sue has now been released without charge.

The admin of the page left the following message at noon:

Lyn released WITHOUT charge - Inspector Danny Meade goes ON RECORD: he & his unit were NOT informed about the simultaneous evictions today - he heard about it on the radio!!! Despite having been officer in charge, successfully dealing with us for the last 3 months. Thanks to him, we were pumping out positive press about the NZ Police force, who we were truly being convinced were here for the people, not the corporations. Now thanks to George Wood - the Chairman of the "Community Safety Board" - who has been calling for violence against peaceful protesters on our Facebook page for months (along with his self-admitted personal friend "Bob Murphy").

A protestor from Spain, who goes by the name Goge, said proceedings had been peaceful in comparison to events overseas.

"It is unfair that these people have been fired after more than 100 days," he said.

"But it is quite peaceful - not like the rest of the world.

"In the rest of the World, the police use violence always. In Spain... they are removed so violently, just always hitting us with the sticks and [using cans of] gas."

Occupy protestor James Heramaia said the eviction was not legal.

"We have instructions from our lawyer and have spoken to council - who made an assurance that we have a court case pending," he said.

"What's happened here is the council has breached an agreement made in court. A judgement was to be made this month."

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Comments

26 Jan 2012 02:28p.m.

David 2 wrote:

What this unruly mob really is is a bunch of anti-democratic socialists who wish to replace their delusions of an oppressive system with a real one.

23 Jan 2012 10:13p.m.

Bryan wrote:

Seriously... They made thier point and now it's time to go. What I am really annoyed about (and as it seems so are a lot of other people) is the damage to the grounds they have left behind... Do any of these people have a job so we can bill them and so they can be made to pay for repairs? My rates should not be going towards fixing it. And like so many have said... Do any of them actually KNOW what they are protesting about? The are the 99%. 99% don't know what they are protesting about. 99% don't have jobs and 99% of everyone else does not care and wants them gone!

23 Jan 2012 09:33p.m.

K1W1 wrote:

Bang on David. NZ just had a democratic election at the end of 2011, National is the Govt again, the majority have spoken. This lot of nut-cases do not represent the 99%, they repreent the 1%. The Police were rather tame here, those calling for assualt etc are pushing crap up a river. If you dont abide by their demands, when you are in someone elses vehicle, then you deserve a good arm twisting. I think the true 99% should take back our public spaces, and out occupy the occupy time wasters. Looks like the dude that got arrested along with his supporters could do with a shower, shave and a tooth brush - ironic how they all had flash phones and cameras huh? Much flasher than what I have!!

23 Jan 2012 08:22p.m.

David wrote:

I'm sorry I respect their right to protest, but what a big bunch of children. The amount of name calling, racist comments, and just a lack of respect to well, everyone who doesn't share their view explains it all really. To be honest the main guy getting arrested didn't even seem to know what he was protesting about when the media interviewed him. The only RoL principal these people appear to know is their own way or the highway.I would also argue that these protesters would not respect any legitimate govt voted in by the will of the majority, unless it was in their favour. Erm I'm with you.

23 Jan 2012 03:38p.m.

Alan Preston wrote:

A society that refuses to look critically at its imperfections is doomed to endure them. The right to protest is fundamental to democracy- no matter how inconvenient it may seem.

23 Jan 2012 03:29p.m.

George wrote:

There is no legal grounds to arrest protesters in a public space. So the usual tactics are were seen today was direct intimidation, using hired help in the way of security guards to agitate, and even agent provocateurs to try to instigate a reaction which would then manufacture for the police the grounds to arrest all present as obstructors. Fortunately the protesters were aware of these old tactics and so far have not fallen for them. In the end the state will have to show its true colours and take back the space for the corporate elites to have their lunch in irregardless of the legality of the arrests.

23 Jan 2012 02:54p.m.

Gina B wrote:

of the course the police would not attack the public here in New Zealand - New Zealanders wouldnt stand for it, our media wouldn't stand for it - there would be a public outcry - our youth are more savvy than in other parts of the world when it comes to human rights. Red Badge are disgraceful - despicable human beings who would crush the rights of others to line their pockets. I do not pay my taxes so the general public can be dragged off public property - tis a sickening display.

23 Jan 2012 02:44p.m.

Ray Calver wrote:

Are you serious Erm? The Auckland Council had 3 written letters in total complaining about the Occupiers in Aotea Square. Exactly who's freedoms do you think the Occupiers were restricting?

23 Jan 2012 02:44p.m.

Jama wrote:

Police state!!!!!!!!!!

23 Jan 2012 02:25p.m.

sam wrote:

Whose freedoms are the protesters trampling on Erm , im sure they are prepared to share the park with any events . It seems the police illegally arressted these two , but thats nothing new.