The Auckland Council wants to jail Occupy Auckland protesters for 21 days.
Last week, a judge ordered members of the Occupy Auckland movement to leave Aotea Square, where many had been living for 10 weeks.
Most moved on to other parks but a few have stayed in the square.
Today the Auckland Council is asking the District Court to imprison the remaining protesters for breaching last week's order.
The anti-capitalist protesters have vowed to fight the application.
Occupy Auckland member Chris Glen says the threat hasn't fazed some of the protesters, who vowed last night to remain in the square.
He says they're simply standing up for their rights to freedom of expression and peaceful assembly.
Council lawyer Ross Burns told Newstalk ZB a 21-day jail stint would be severe, so he said the anti-capitalist protesters could be given until New Year's Eve to pack up and leave.
However, defence lawyer Ron Mansfield says the council can't prove that the people camping in the square are the same people ordered to leave last week.
He says nobody is named on the arrest warrant, making it impossible for police.
