Council to consider action against protestors
Friday 16 March
2012 Council to consider action against
protestors Christchurch City Council will next week
consider whether to take action to remove Occupy
Christchurch protestors from South Hagley Park. A report
from staff will be considered at next Thursday's (22 March
2012) Council meeting, recommending a means for the Council
to stop people from camping illegally in South Hagley Park.
Christchurch Mayor Bob Parker says the protestors have
been illegally occupying a public space since October 2011
and the Council must consider the rights of all residents
when deciding what action to take. "We have received
complaints about the protestors from other members of the
public and there have been issues raised by the neighbouring
Canterbury District Health Board. "I understand that
citizens have a right to protest, but in this case they are
illegally occupying a site in breach of a bylaw. "Council
staff spoke with the protestors late last year to explain
the situation and ask them to leave. They told us they would
not be moving. We must now consider further action - in
light of issues raised by other residents, perhaps it's time
to say enough is enough. "I had been planning to meet with
protestors early next week to discuss the issues, however
events have overtaken this meeting and it is no longer
appropriate ahead of the Council discussions. I have
informed the protest organisers that the Council will
consider the issue next week and explained their right to
make a deputation to that meeting."
South Hagley Park is
vested in the Council as a recreation reserve for the
purpose of recreation activities for the enjoyment of the
public. The Council's Parks and Reserves Bylaw 2008
provides that no person may, without the prior written
permission of an authorised Council officer: * Place a
sign in a reserve (clause 6(1)(d)); or * Camp in a reserve
unless in an area set aside by the Council for camping
(clause 10); or * Put up a tent or structure of any kind in
a reserve (clause 10). "As the protestors have not been
authorised to camp there, they are committing an offence and
this is what the Council will consider next week," Mr Parker
says. "Similar protest movements have been addressed by
local councils in Auckland, Wellington and Dunedin, and our
staff have been monitoring the outcomes of these situations
before recommending a course of action in
Christchurch. "We were particularly interested in the
legal outcome of the Auckland Council's application to the
High Court to stop the campers from breaching a bylaw. The
High Court decision was that the bylaw did not breach the
Bill of Rights; it found that there was no fundamental human
right to camp in a public place without a permit. This
satisfied us that we would not be in breach of the Bill of
Rights by removing the protestors. "Some people have
contacted me and asked why the Council has not already taken
action; I think that a measured approach has been taken in
this situation and good process has been followed. We have
also had many busy months addressing the city's earthquake
recovery needs, which must remain the number one priority
for this
Council."
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