Auckland Council says it will issue trespass notices against protesters camping in Aotea Square if they don't leave by a specified date.
The protesters have been in the square since 15 October as part of the global Occupy protest against corporate greed.
The council has asked them to give an exact date for their departure saying, if not, it will begin legal action.
Counsel Wendy Brandon says the protesters have accepted all of the council's requests regarding noise, security and hygiene but are ignoring requests for them to leave.
She says the police in Auckland have confirmed they are taking a nationwide approach to the Occupy protesters and will not enforce trespass orders.