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Government & legal system

Organising a protest: Some rules you might need to comply with

Overview

Protesting in public places and the streets

Whether you need permission for your protest and who you need to ask depends on where you intend to protest, including what part of the country you’re in. It also depends on things like the method of protest, the number of people likely to be involved, and the time it will be happening.

WCC Consolidated Bylaw 2008, Part 6, clause 6

Local council bylaws may require you to give notice of your march, protest or other event. For example, Wellington City Council’s bylaws say you’ll need to get council permission if your event will affect vehicle or pedestrian traffic.

How long it takes for the Council to process your application will vary depending on the factors involved, so make sure you apply as early as you can. They may also require further information or planning, like health and safety or traffic and pedestrian management plans.

Protesting at Parliament

If you want to hold a protest on Parliament grounds you need to get permission from the Speaker of the House of Representatives:

University protests

Different universities regulate protests in different ways. To find out your university’s approach, start by checking the university policies published on its website.

VUW Student Protests Policy

Victoria University in Wellington, for example, has a specific protest policy – this says, among other things, that there are some places like labs and individual staff offices that students can’t occupy under any circumstances, but also that “University management will normally endeavour to resolve protests without involving the Police and/or other relevant external parties” (go to wgtn.ac.nz and search for “Student protests policy”).

University Campus and Premises Regulations 2014; Traffic and Parking Regulations 2019

Otago, by contrast, has relevant rules in different University regulations – for instance its University Campus and Premises Regulations say that “the posting of notices and writing slogans and messages” can only be done in places and ways set by the University, while its Traffic and Parking Regulations confirm that the University is a public place and so New Zealand’s traffic laws and regulations will apply there.

Student Charter (Otago)

Student Charters may also include relevant rights and responsibilities when organising a protest. For example the Otago student charter says students are expected to “promote an environment which is safe and free from harassment and discrimination”, and to “respect both University and private property”.

Organising legal observers for your protest

Legal observers are trained volunteers who support activists on protests by doing things like:

  • handing out “bust cards” to protestors – these are cards that have basic information about legal rights, the police’s search and arrest powers, and phone numbers for suitable lawyers
  • keeping notes about how the police behaved on the protest, and
  • monitoring arrests, including helping the arrested protestors at the police station to connect with lawyers and other support, and finding witnesses to the events.

Training for your legal observers

Some organisations in Aotearoa provide training and guidance for legal observers – for example, Community Law Wellington & Hutt Valley

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Activism

Where to go for more support

Community Law

www.communitylaw.org.nz

Your local Community Law Centre can provide free initial legal advice and information.

Treaty of Waitangi

www.nzhistory.govt.nz/politics/treaty-of-waitangi

This NZ History webpage has information about the Treaty of Waitangi and events and issues surrounding it. The website is run by the Ministry for Culture and Heritage.

Waitangi Tribunal

www.waitangitribunal.govt.nz

This website has information about the Waitangi Tribunal.

To start the Tribunal process of submitting a claim, you can either: call the Tribunal office for queries on (04) 914 3000, or email them at WT.Registrar@justice.govt.nz

Matike Mai Report

www.nwo.org.nz/resources/report-of-matike-mai-aotearoa-the-independent-working-group-on-constitutional-transformation/

Matike Mai Aotearoa is an Independent Working Group dedicated to Constitutional Transformation based on tikanga and kawa in Aotearoa/New Zealand. This report outlines their vision, research and findings.

Human Rights Commission

www.hrc.co.nz

The Human Rights Commission was set up in 1977 and works under the Human Rights Act 1993. Their purpose is to promote and protect the human rights of all people in Aotearoa New Zealand.

UN Declaration of the Rights of Indigenous Peoples

www.hrc.co.nz/our-work/indigenous-rights/our-work/undrip-and-treaty/

The UN Declaration of the Rights of Indigenous Peoples (UNDRIP) was set up in 2010 for the purpose of increasing the UN’s commitment to promoting and protecting the rights of indigenous peoples worldwide.

Privacy Commissioner

www.privacy.org.nz

The Privacy Commissioner has a wide range of functions, including investigating complaints about breaches of privacy, running education programmes, and examining proposed legislation and how it may affect individual privacy.

Advocacy organisations and support services

Rainbow Youth

www.ry.org.nz

RainbowYOUTH provide a number of services, including advocacy for queer, gender diverse, takatāpui & intersex youth, their friends, whānau and wider communities.

Disabled Persons Assembly NZ

www.dpa.org.nz

Disabled Persons Assembly NZ provides direct support and advocacy, and work in collaboration with others to achieve inclusion for all New Zealanders.

Mental Health Foundation

www.mentalhealth.org.nz

The Mental Health Foundation has useful links and resources for people dealing with mental health issues.

Helplines

www.health.govt.nz/your-health/services-and-support/health-care-services/mental-health-services

Police Brutality & Activist Trauma Support and Recovery

medium.com/@jessieden/a-resource-for-activists-working-through-trauma-82a9807712be

The Police Brutality & Activist Trauma Support and Recovery resource is a booklet made by activists for activists, with accessible information on what trauma is, how it affects people, and ideas for supporting yourself and others through it.

Also available as a book

The Community Law Manual

The Manual contains over 1000 pages of easy-to-read legal info and comprehensive answers to common legal questions. From ACC to family law, health & disability, jobs, benefits & flats, Tāonga Māori, immigration and refugee law and much more, the Manual covers just about every area of community and personal life. It’s for people living in Aotearoa New Zealand (and their advocates) to help themselves.

Buy The Community Law Manual

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