In the judgement released this afternoon Judge David Wilson gave the Occupy Auckland protesters 48 hours to leave their campsite.
Wilson said the group was breaching an Auckland Council bylaw governing the use of public places and had caused damage.
"I have found that damage financial and intangible which has been progressively caused since the occupation commenced on October 15, 2011. It is clear... that the loss and damage will only end when the occupation is over and repair work and restoration can take place.''
Wilson said the group also did not ''practice what they preached''.
"While Occupy Auckland proclaims its adherence to participatory democracy the evidence reveals that they do not practise what they preach. They did not do so when they decided to occupy Aotea Square. They did not ask those who live and work around Aotea Square... what they would think if Aotea Square... turned into a tent city.''
Wilson said although Aotea Square is used for protests, Occupy Auckland gave the council no notice of their intention to camp in the square. They began putting up their tents at 7pm on October 15, after an earlier march up Queen St.
Judge David Wilson has not pulled any punches in his decision, and that is commendable. Doubtless the likes of Penny Bright and her ilk will just see this as another attack on the 99% by the establishment.
But he also shows how untrustworthy the protesters have been; read on (our emphasis added):
The police have regarded the occupiers as a peaceful group, the judgement said.
Auckland Council recognised the group's right to protest and tried to talk to the group about ending the occupation.
The group initially said the occupation would last six weeks, then said they would depart after the Rugby World Cup final on October 23, and then after the general election on November 26.
The protesters have now been in-situ for over two months. They have three times indicated that they will move on, and yet they are still there. They quite simply cannot be trusted.
Roll on midday Friday. The Auckland Council now has legal justification to evict the protesters, and we look forward to them excercising the right that the District Court has given them.