The Silent Auditor

What happens when you stress test the system?

At first blush, the notion of a Silent Auditor sounds creepy.

Neither the word Silent nor the word Auditor inspires confidence. Placed together and the combination has a decidedly sinister ring.

But the truth is the aim of a Silent Auditor is entirely benign. A Silent Auditor is the name given to an individual who attends and records protests silently. Why? Because the reaction of others can be telling. A silent “audit” is undertaken primarily to stress test the right to record in public.

The Silent Auditor (pictured above) tested the limits in Auckland last week and, as a result, found himself in court the following week. He was attempting to film the Block The Ban (BTB) rally on Sunday 7 December when he was arrested and charged with common assault at the Auckland District Court the following Friday. Even though he was the person blocked from filming a public event by BTB supporters who obscured his view with a large banner and a keffiyeh, it was the Silent Auditor (SA) who was arrested.

The SA is known online as @AucklandCitizen. Block the Ban is the name of the rally organised to protest the government’s intention to ban puberty blockers for gender dysphoric young people as of December 19.

His footage of his attempt to film the event can be viewed here. It shows two police officers watching closely before verbally warning him that they will take action if they have to. They were not heard issuing the same warning to the BTB supporters.

Caption: police warning the SA

He is not always greeted with such hostility. Watch the footage of his presence at J Day, a cannabis festival, in Auckland the week before and see him greeted with cheers and friendly comments.

But it’s not the first time he has been singled out. In fact, posters of his face were plastered all over his neighbourhood the week before the BTB event. The image above shows him holding a fragment of that poster.

The Free Speech Union and civil liberties advocacy group PILLAR (Protecting Individual Life, Liberty And Rights) were quick to recognise the significance of his case and offer their assistance. Nathan Seiuli of PILLAR was in court for his first appearance. In his view, the footage revealed a serious failure by police.

“Watching this footage, it is impossible not to be appalled. A man is harassed for 40 minutes while police stand right there. Instead of protecting him they arrest him. That is not policing. That is abandonment of responsibility.

“If filming in public can get you tackled and handcuffed while those who mob you walk away untouched, we have a real problem. This is not about one officer having a bad day. This looks like a pattern in how certain events are being policed.”

Also in court to support the SA was free speech advocate Georgina Blackmore.

“The police have been picking on this guy for some time. I’ve witnessed him assaulted a few times while police watch on. They don’t seem to try and hide their asymmetrical policing. It’s becoming more and more common for them to pick and choose who they bully.

“Police need to be challenged in court each time. They shouldn’t be allowed to arrest and prosecute individuals doing lawful things - especially when they are assaulted - they are the ones needing police protection.”

The Auckland SA’s first outing was at the infamous Posie Parker event in Albert Park in 2023. His footage and that of Simon Anderson’s were the only records of the violence suffered by women that day. Without this and social media pressure applied by Auckland restaurateur Leo Molloy, it is unlikely any arrest would have been made.

Silent Auditing is a practice that hails from the United States where it is often called the First Amendment Audit. Such audits focus on an individual’s right to film or photograph public officials and spaces without speaking to “audit” the enforcement of constitutional rights.

It is not the first time silent protestors have been targeted by New Zealand police. Two years ago lawyer Lucy Rogers was arrested for peacefully counter-protesting a pro-Palestine rally on Queen Street. Asked to move on “for her own safety”, Lucy stood her ground only to be detained. Her case will be heard in August next year.

The SA pleaded not guilty to the charge of common assault and is scheduled to appear in court again on 12 February 2026.