Auckland police have been criticised after a bystander at a pro-Palestinian march on Auckland’s Queen St was arrested for breaching the peace.   

Senior sources within the Police have expressed their concern telling ZB Plus that the arrest appeared to be unjustified and unlawful. 

Protester, criminal barrister Lucy Rogers, was holding a sign reading "Selective Condemnation of Genocide is Evil" when she was arrested on Saturday and posted on Kiwiblog that she was released on the condition she agreed to leave the protest immediately. She said she agreed only because she had a work meeting scheduled.  

"This shows that they didn't care whether they had any chance of successfully prosecuting me or not," Rogers wrote.  

Rogers’ arrest, which was captured on camera, has been called "appalling" by the Free Speech Union, which has lodged several complaints on Rogers' behalf.  

According to Rogers, she was on Queen St about 5pm on Saturday when the protest broke out. She bought an A2 piece of paper from a nearby store on which she wrote her sign.  

The barrister then stood on the side of the footpath holding the sign above her head. She said her actions were "silent and peaceful" and she was several metres away from the nearest protesters.  

"Immediately I was accosted by a group of nearby police officers who grabbed my sign off me and tore it up," Rogers wrote in her blog post.  

"They physically manhandled me and attempted to push me away from where I was standing." 

Rogers said she was not given her sign back and was threatened with arrest for breach of peace, as well as failing to comply with the lawful order of a police officer if she didn't move on.  

"As a criminal defence lawyer, I was unfazed by this because I knew that I wasn't breaking any law," said Rogers.  

"I was not carrying an Israeli flag or any other indication of being pro-Israel and because they had taken my sign there was no indication at this point what my views even were. I was just another person on the street." 

Officers then arrested Rogers, handcuffing her and locking her in a police van.  

Kiwiblog writer David Farrar wrote on social media that Rogers’ arrest was a sign the nation's right to freedom of expression, "remains under threat by the establishment".  

“This is an appalling story, that NZ Police arrested someone for peacefully holding up a sign, on the basis that it might upset the protesters. This is a sign that our right to freedom of expression remains under threat by the establishment. It is also difficult not to conclude that if roles of counter-protester and protest cause had been reversed, the Police would have never ever acted the way they did,” he wrote. 

Jonathan Ayling of the Free Speech Union said the FSU will be lodging a complaint with the Independent Police Conduct Authority and contacting the Auckland District Commander for an explanation of the officers' actions.  

"Lucy responded exactly in the right way when she heard speech she disagreed with - she used counter-speech. And for that, she was arrested. Is this New Zealand now?" wrote Ayling.

"Police Commissioner Andrew Coster must ensure this behaviour is swiftly stamped out and that the Police affirm their role in protecting peaceful protest and counter-protest, not preventing it themselves.  

"The Free Speech Union is writing to the Commissioner and Auckland District Police Commander and laying a complaint with the IPCA on Lucy’s behalf. We are also exploring legal avenues for redress following Lucy for her unlawful arrest and breach of her right to free expression." 

Acting Superintendent Jacqui Whittaker, Relieving Auckland City District Commander told ZB Plus, “In this instance, Police were required to engage with a female whose behaviour gave rise for concern. Her attempts to antagonise people rallying along Queen Street was deemed to meet a threshold where a serious disturbance or violence between parties could eventuate. 

"Police applied a graduated response to dealing with the situation, which saw the female arrested for breach of the peace but was subsequently released and received a warning a short time later, once the safety risk to all parties had been mitigated. 

"Our role in any protest action is to uphold the law. Police recognise the right to peaceful protest as well as the public’s right to go about their lawful business. 

"During this, and other previous planned gatherings, Police have taken an approach appropriate to the circumstances and this has included engagement and monitoring as well as enforcement action in response to unlawful behaviour.”