Auckland Council is likely to begin issuing trespass notices as early as today after protesters rejected an order to leave the publicly owned park area of Aotea Square.
The council warned on Monday of legal action if the protestors did not leave immediately.
About 100 people gathered in Aotea Square on Wednesday night to formalise plans to stay at the site, even if trespass notices are issued.
They say they intend to fight the matter in court.
Auckland Council earlier signalled it was also keen for the matter to end up in court, as it is fed up with the nusiance and high cost of the protest.
Councillors will meet on Thursday to disuss their next step and council lawyers could be given the power to issue trespass notices.
Similar demonstrations, inspired by the Occupy Wall Street protests in New York, are taking places in other cities around New Zealand.
Otago University Law Professor Andrew Geddis believes councils in those areas will wait until the Auckland Council takes the matter to court for a precedent to be set.
However, he is suggesting the councils be cautious.
"You'd have to be a bit careful to apply the reasons for shutting down one protest to another city because each of these protests is in some ways different," he says.
Professor Geddis says the protests around the country are different sizes and are having different impacts.
"So yes, it may be enough that Auckland gets this order, but on the other hand it may be that when that order comes to be applied in different cities, different circumstances will apply."
Wellington group seeks public support
Occupy Wellington protesters also met on Wednesday night, discussing whether to meet Wellington City Council's request that they set a date to leave their camp near Civic Square.
They decided not to set a date.
Instead, they want people to send letters of support for them to the council.
A member of the group Ben Knight says it believes very few complaints have been made about the protest.
"There's lots of evidence to suggest that there's a lot of support for the 'occupy' movement, worldwide and in Wellington.
Mr Knight says the occupiers have had lots of positive experiences, sharing the space during the Rugby World Cup and Halloween events in Civic Square.
