Occupy Auckland protesters say they would rather fight eviction notices in court than leave Aotea Square.
Auckland Council says it will issue trespass notices if the square is not vacated by a specified date.
It says the protesters, who are part of a wider global movement highlighting corporate greed, have become a nuisance and it wants them to give an exact date for their departure.
They have been in the square since the middle of October.
The council says the protesters are costing money through damage to the square and the cancellation of events.
The police can not enforce a council-issued tresspass notice, so a court order would be needed to get the protesters to leave.
The occupiers and the council both say they do not mind if the matter goes to court because they are confident of winning.
