Occupy Auckland has launched a petition in response to a court order giving them 48-hours to leave Aotea Square.



The group has been camped in the central city since October 15, in a protest against wealth inequality and corporate influence on government.



However, this afternoon Judge David Wilson released a decision saying the group was breaching an Auckland Council bylaw governing the use of public places and had caused damage.

Protesters have lodged an appeal with the courts and will meet with the judge again tomorrow afternoon.

Occupy Auckland spokesman Chris Glenn said many in the camp were resolved to stay there through Christmas despite the eviction order, he said.



"As far as we're concerned it's business as usual. We're continuing to protest against corporate greed and gross inequality in our society."



The petition was to show support for the movement.



"As Occupy Auckland are intending on appealing the court's decision, a petition with as many signatures as possible would help in the occupier's case," it said.

LAWRENCE SMITH/Fairfax NZ TO COURT: An Occupy protester joins the march from the camp at Aotea Square to court.

"In addition to signing the petition, you might like to show support for the occupiers by going to the occupation site/sites and offering moral support. Donations of food and helpful items are always welcomed gifts."



Glenn said the occupy protesters had always expected to face legal obstacles. They were expecting to win their appeal.



"It's important we don't limit the rights of people to protest."



Justice Wilson, in his ruling, said the group 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.



Occupy Auckland was of the view that it was exercising its rights to freedom of expression, peaceful assembly and association.



Claims of damage to the square sparked a battle with Auckland Council and chief executive Doug McKay welcomed the judge's decision.



"We encourage the protesters to go home and enjoy Christmas with their families. There has been a lot of support for some of their issues ... but after 10 weeks it is time to return Aotea Square to the people of Auckland."



Among the group of tents, estimated at between 35 and 70 tents at any given time, there was a media tent, kitchen marquees and areas for entertainment, group discussion and peaceful assembly. Many of the tents were empty overnight.



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 council applied for an injunction to stop the group from breaching the provisions of an Auckland Council bylaw governing the use of public places.



The council expressed concern about ongoing damage to grass, trees and the Civic Car Park roof membrane.



The group replied that if the council was really concerned it would have done something much earlier.



McKay said councillors would speak about the next steps regarding Aotea Square at the governing body meeting to be held in Auckland tomorrow.



He could not comment on what moves would be made to fix any damage to the square.