A second person has been arrested for obstruction during a pro-Palestine protest in Auckland over the weekend, according to reports, despite claims the person was standing peacefully nearby the action. 

Yesterday, it was reported a criminal barrister was handcuffed and taken into police custody after holding a sign during the protest reading "Selective Condemnation of Genocide is Evil". 

The actions of Auckland police were slammed by Free Speech Union, which claimed the arrest was a sign the nation's right to freedom of expression, "remains under threat by the establishment".  

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

According to the union, a second protester named Daniel has gotten in touch with the organisation and reported he was also taken into custody and was charged with obstruction. 

According to Jonathan Ayling, chief executive of Free Speech Union, Daniel was in central Auckland prior to the protest and asked police if he was allowed to hold an Israeli flag. 

He was advised against it, Ayling said, but informed that it was allowed. 

"When he later brought his flag along he was told to leave, and warned that if he returned with the flag he would be arrested." said Ayling.

"He returned without the flag and was arrested and charged with obstruction. He will appear in court on Thursday."

Ayling claimed "frivolous" charges such as disruption of the peace and obstruction have become commonplace in other countries, like the United Kingdom, "as ways to constrain and suppress legitimate speech rights". 

"We must not allow that to become the case here."

Ayling confirmed the union has assigned a barrister to the case who will provide pro bono representation for Daniel in his court appearance, the union is also considering whether it makes another complaint to the Independent Police Conduct Authority.

"New Zealander's basic rights are to be protected by police, not defied. There must be accountability for police who fail to respect these fundamental freedoms."

Acting Superintendent Jacqui Whittaker, Relieving Auckland City District Commander told ZB Plus following the first arrest, “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.”