A deal that could allow Occupy Dunedin protesters to remain in the Octagon indefinitely aims to avoid a costly court battle or a violent confrontation, Dunedin Mayor Dave Cull says.
A letter from Mr Cull proposing a compromise was delivered to anti-greed protesters camping in the Octagon yesterday afternoon.
The deal would entail most of the encampment's tents being removed, but allow one symbolic tent and an information kiosk to remain in the Octagon - along with any protesters who wished to stay - on a "long-term" basis.
Protesters spoken to by the Otago Daily Times soon after the letter was received said nobody on site could speak for the group.
The offer was discussed at last night's "general assembly" at the camp, but protester Kieren Trass said afterwards more discussions would be needed over the next few nights before any decision could be made.
"There's a lot of people that aren't here tonight," he said.
Mr Cull said he remained confident the council's legal position was strong, but wanted to avoid spending time and money litigating the matter through the courts.
He also wanted to avoid the sort of violent clashes between police and protesters seen in Australia and the United States in recent days, as other occupations associated with the global movement were broken up.
"I don't know what it would come to, but I wouldn't like to be responsible for putting it there ... I want to take all measures possible to find a solution before going to that extent," he said.
The move came two days after council staff issued protesters with trespass notices, warning they were in breach of council bylaws and setting an 8pm deadline to quit their encampment.
The protesters ignored the demand and have refused to budge, while police are still considering their legal position before deciding whether to act.
Protesters argued the Bill of Rights allowed them to occupy the Octagon in a peaceful protest, while the council argued it provided only for "lawful" protests, not ones breaking council bylaws.
Mr Cull said the council was interested only in maintaining the integrity of its bylaws, which prevented camping in the area, and retaining access to the Octagon for the whole community.
If the deal was accepted, the location of the tent and information kiosk would be negotiated.
Allowing one tent to remain was a symbolic gesture to the protesters' occupation, which he hoped would "satisfy their need for profile and publicity".
Both the tent and kiosk could continue to be manned by "quite a few people" each day, but it "would be better" if the protesters didn't camp overnight, although that was negotiable.
The tent and kiosk could both "potentially" remain in the location of the existing encampment, and the length of stay could be "ongoing", he said.
"I'm not going to be definitive about that, because I don't think in good faith you can go into a negotiation on a compromise with a fixed view ..."
No deadline for a response had been set, but it was hoped a deal would allow the upper Octagon to be used for Remembrance Day events on November 11, he said.
His move came as heavy rain yesterday helped transform part of the encampment into a bog, although protesters roped off the damaged area and placed pallets on the ground to try to protect the grass.
Protester Simon Hale said he was encouraged by the council's offer, after the "heavy-handed" trespass notices, although he could not speak for the group.
"Personally, I feel it's a step in the right direction ... it's a step back in the direction of dialogue," he said.
Mr Cull said it was "very difficult" to judge public support for the protest, with "a lot" of feedback received by the council - some calling for action and some supporting the occupation.
He could not judge whether the compromise would be accepted by Dunedin people, but said it was not his intention to set a precedent for future occupations.
The wider issue of whether the Bill of Rights overrides council bylaws would eventually be tested in the courts, and it remained possible police would decide to remove the encampment, he said.
