Protesters in Aotea Square, Auckland, say they will stay there despite a court order which states they must leave by Friday afternoon.
On Thurrsday, the group failed in a bid to stay the order and have been asked to leave the park by 2.30pm.
However the protesters say they won't leave willingly and are considering setting up another camp at Victoria or Albert Park if they are forced to go.
Auckland Council member George Woods says the council will take further court action if they move to another location.
The Occupy group set up camp in Aotea Square on 15 October.