Adam Currie, of climate advocacy group 350 Aotearoa, was held in custody overnight following his arrest for apparently breaching bail at a peaceful protest in central Dunedin, on Wednesday.
In April, Mr Currie and 10 others were charged with wilful trespass after about 70 protesters camped on the West Coast’s Denniston Plateau for five days in opposition to mining company Bathurst Resources seeking fast-track approval to expand its operation.
He and five other protesters climbed into cable cars used to transport coal at Stockton Mine.
Mr Currie said it had been a "real shock" to be arrested on Wednesday and it was the first time he had been held by police overnight.
"It was meant to say ‘you will not engage in unlawful protest’, but then there was a typo by the registrar, and so it said ‘you will not engage in lawful protest’."
The judge found "clearly that bail condition was unlawful", Mr Currie said.
"The Dunedin District Court judge confirmed that banning me from lawful protest was inconsistent with the Bill of Rights.
"But the judge said he would not take further action against the registrar who set this condition due to judicial immunity."
Mr Currie said he would much rather be talking about Bathurst Resources’ fast-track application and the damage it posed to the climate, nature and human health than his arrest.
"But, yes, absolutely, the police should not be arresting me for lawful protest, and absolutely, I do not enjoy being in a jail overnight."
Mr Currie said climate activists had been protesting for years and noticed an "increasing crackdown on public protest".
He said those arrested in April planned to contest the c charges "due to it being public land".
Following the protest on Wednesday, a police spokeswoman said a 25-year-old man was taken into custody for breaching bail and would appear in court on Thursday.
There were no other issues at the protest, she said.
