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The Right to Peacefully Protest is Under Attack

 

Lucy Stood on a Footpath. The Police Arrested Her.

In November 2023, Auckland criminal defence lawyer Lucy Rogers stepped out of her office, wrote a “SELECTIVE CONDEMNATION OF GENOCIDE IS EVILon a piece of paper, and stood quietly on Queen Street holding it above her head in counter protest to a pro-Palestine rally. 

She wasn't shouting. She wasn't blocking anyone. She wasn't breaking any law.

Within minutes, police approached her, tore up her sign, handcuffed her, and put her in a van. Her request to speak to a lawyer was denied and was later released without being charged, on the condition she leave the area. 

What the Independent Watchdog Found

The Independent Police Conduct Authority investigated the arrest and was unambiguous in its findings:

  • The use of force against Lucy was unjustified
  • Removing her sign was unjustified and made the situation worse
  • Her arrest for breach of the peace was unlawful - there was, in the IPCA's words, a very low probability that her safety was ever at risk

The IPCA also found that the officers' own accounts did not match the evidence - and that a second video had to be brought to the attention of the internal police complaints body before it would reconsider its conclusions.

Despite all of this, the Police publicly defended the officers' actions

Now Lucy Is Taking Them to Court

With the support of the Free Speech Union, Lucy has filed a claim in the High Court against Police under the New Zealand Bill of Rights Act for unlawful arrest and detention. A hearing is set for August this year.

She didn't set out to become a test case. But she knows what's at stake - not just for her, but for anyone who wants to stand on a footpath and hold a sign.

 

Why This Case Matters

The police chose to unlawfully arrest a lone individual for protesting on Auckland CBD’s main road. The complaint was internally investigated the incident without ever speaking to Lucy. And when Police responded publicly, they have consistently denied any wrongdoing, even after the release of the IPCA’s report. 

If that can happen to a criminal defence lawyer who knows her rights and pushed back - it can happen to anyone.

This case is vital to protecting New Zealanders’ right to peaceful protest. But taking on the state isn't cheap. 

Police have institutional resources and taxpayer-funded legal teams. 

Lucy has us.

How You Can Help

Your donation goes towards Lucy's legal fees, court filing fees and other costs associated with preparing and attending the trialAny surplus will be used to support the FSU’s other work in defending Kiwis’ right to free speech, including peaceful protest.  

Every contribution keeps this case alive.

Donations can be made by credit card on this page, or by direct bank transfer (no fees deducted):

Free Speech Union (NZ) Incorporated ANZ 06-0323-0706649-00 Please use your mobile number or email address as reference.

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