Auckland Council has issued trespass notices to protesters camped out in Aotea Square and is seeking a court order against further breaches of council by-laws.
Occupy Auckland protesters have been in the central city site for the past 45 days as part of the world-wide movement against corporate greed.
The council says the protesters have put it in a difficult position and it has no choice but to issue trespass notices on Monday.
Risk and assurance manager Natalie Verdouw says the group has breached a number of by-laws and ratepayers now have to pay for costs incurred due to the protest.
Ms Verdouw says the council has tried to work with the protesters but says, ultimately, they refused to leave the area.
A spokesperson from Occupy Auckland says the action is wholly inappropriate and contradicts promises made by mayor Len Brown that no immediate action would be taken against the group.
A hearing will take place at the Auckland District Court on Tuesday morning.