New Zealand: Climate protesters found guilty for train blockade while arrests reported in other protests

The state of civic space in New Zealand is rated as ‘open’ by the CIVICUS Monitor. Civil society groups are able to form and operate without restrictions, freedom of expression is respected and protected and there are rarely restrictions on protests. However, there have been some incidents of arrest and prosecution of protesters.

In June 2024, peaceful protests were documented calling for an end to the human rights crisis in Gaza as well as against the Fast-track Approvals Bill that will see three ministers in charge of deciding on whether major infrastructure or development projects should go ahead. On 30th September 2024, the UN Human Rights Council adopted the outcome of the 4th Universal Periodic Review of New Zealand.

In recent months, six climate protesters were found guilty for a 2021 coal train blockade. Other protesters have been arrested for their activism against military exercises, a mining company and around a party conference.

Peaceful Assembly

Climate protesters found guilty over train blockade

Six climate protesters from Extinction Rebellion who blocked a coal train in 2021 were found guilty on 23 September 2024 and may need to pay reparations.

Fay Brorens, Timothy Musson, Joanne Sutherland, Abigail Liddy, Bruce Mahalski and Anne Smith were charged with trespass and obstructing a rail employee following the 2021 incident. Brorens and Musson pleaded guilty to the obstruction charge during the judge-alone trial before Judge David Robinson in the Dunedin District Court on 31st July 2024.

The court heard a charge of obstruction was proven against Smith, while the others on the same charge were dismissed. The amended charges of trespass were proven against each defendant.

Judge Robinson did not enter convictions against the defendants, inviting counsel to file submissions on potential discharge without conviction at sentencing.

The court heard that reparation of NZD $60,000 (USD 36,441) was being sought over the incident, but that was being assessed. The group was remanded on bail for sentencing on 17th December 2024.

The protesters blocked freight operations on 14th December 2021 that included 12 wagons of coal, sourced from the Bathurst coal mine in Nightcaps, and destined to a Fonterra plant at Clandeboye, in South Canterbury. There was also a service operated by Dunedin Railways, which on that day was operating an excursion trip to Oamaru. Those services were held up by the protesters, some of whom were on the tracks while others later climbed on top of wagons, with the excursion cancelled.

Mahalski, in his brief of evidence, said the group of environmental protesters decided to disrupt coal transporting services, with two main objectives: to raise public attention to what it was that Bathhurst, Kiwirail and Fonterra were doing in order to increase their corporate profits, and to try and stop that coal from being transported.

A report by Climate Rights International published in early September 2024 highlighted how democratic governments including New Zealand are using increasingly harsh, overly broad, and vague criminal laws against climate protesters and activists. The report demonstrates how, in cracking down on climate activists, governments are violating their legal commitments to protect basic rights to freedom of expression, assembly, and association.

Expression

Two activists arrested during protest against military exercises

Activists staged a protest inside Defence House in Wellington on 26th June 2024, in opposition to the deployment of New Zealand Defence Force (NZDF) troops to the Rim of the Pacific (RIMPAC) military exercises.

Ten activists staged a ‘die-in’ at the security entry points to the offices of the NZDF, the Department of the Prime Minister and Cabinet, and the Ministry of Defence. Fake blood was also splattered inside the building.

Additional peace activists gathered at the building’s entrances with banners and signs demanding an end to New Zealand’s participation in RIMPAC due to the involvement of the Israeli military. Two protesters were arrested.

Valerie Morse, member of Peace Action Wellington and one of the participants in the die-in said: “We are horrified that the NZDF will be training alongside the Israeli Defence Force, which is responsible for the ongoing genocide in Gaza.”

She added: “Alongside Israel, the RIMPAC guest list also includes Indonesia and France. Both of those countries are engaged in brutal military occupations, of West Papua and Kanaky respectively, further cementing the reasons why the NZDF should not be involved in RIMPAC.”

Five arrested after protesters scale mining group office

Five people were arrested on 24th September 2024 after a Greenpeace protest outside the Wellington office of mining lobby group Straterra.

Three activists, including programme director Niamh O'Flynn, locked themselves inside the building, and two more climbed onto an awning at the front of the building to deploy a large 'No Seabed Mining' banner.

The activists were protesting Straterra's plans to fast-track a seabed mining project for one of its clients, Trans-Tasman Resources, in the South Taranaki Bight.

In a statement, Greenpeace said it was "a demonstration of the resistance promised" in a recent open letter to companies considering using the fast-track process, which aims to speed up infrastructure consenting. More than 7500 people had co-signed the letter, Greenpeace said.

Campaigner Juressa Lee told RNZ the disruption was justified: "This is a peaceful protest, and peaceful protest is an important and legitimate part of civil society. I'm very concerned. We're in the midst of a climate crisis."

Two arrested after Palestine protest interrupts party leader’s speech

New Zealand First leader and Foreign Minister Winston Peters' keynote speech at the party conference in Hamilton was disrupted by Palestine protesters, with two people arrested.

On 13th October 2024, NZ First leader Winston Peters was delivering his final address to almost 900 attendees when he was interrupted by pro-Palestinian protesters. The protestors continued to shout "free, free Palestine" before being escorted out of the convention.

After the speech, protesters followed Peters from the room, calling out about the death toll. Several people could be seen attempting to stop protesters from getting closer to Peters. A scuffle reportedly broke out in the conference hallway and the police were called, arresting two people.

The populist NZ First party is part of the ruling coalition and has campaigned against “woke extremism”, which includes getting rid of Māori names on government institutions and removing gender education from the curriculum. It is also campaigning against mechanisms that would give Māori more opportunity to have a say in their affairs.