KEY POINTS:
A new bill allowing police to ban convicted criminals from certain areas could divide New Zealand into two classes, the Howard League for Penal Reform has said.
The proposed bill would allow police to issue community protection orders against people convicted of a range of mainly property-related offences.
Rotorua District Council has been pushing it as a way to bar criminals from its central business district.
Howard League president Peter Williams QC told nzherald.co.nz pushing convicted criminals out into the suburbs would not help rehabilitate them into society.
"It's a sad indictment on society that we have to segregate people in this manner," Mr Williams said.
"From a human rights point of view, it's a curtailment on the freedom of the individual and these are all principles of our democratic society."
Politicians have previously rejected the proposed measures over concerns they did not comply with the Bill of Rights.
However, Rotorua District Council believes it has found safeguards which resolve that issue.
One of the safeguards is that people served with an order would be able to go to court to appeal against it.
Mr Williams said getting around the Bill of Rights by allowing people to appeal the orders would not be a fair process as the people on the receiving end of such laws often did not have access to the justice system.
He said rather than passing new laws, preventative measures like getting young people into employment and sport were needed.
"Are we getting to the underlying causes and are we seeking to remedy the underlying causes?"
Rotorua District Council is set to discuss the proposal with Justice Minister Annette King and Rotorua MP Steve Chadwick within a fortnight.
Ms Chadwick has said she will introduce the measures to Parliament as a local bill once the Bill of Rights issues are settled.
Other councils will be watching closely to see if the bill is passed, and the scheme works.
Britain introduced ASBOS - Anti Social Behaviour orders - in 1998. While figures indicate they have reduced anti-social behaviour, research shows many people are likely to breach the terms of an order.
About half the ASBOs issued are served on children and young people, and nearly half the young people in UK prisons are there for ASBO breaches.
Ms Chadwick said the proposed legislation for New Zealand would be different.
"We feel our approach fits the community interest aspect for New Zealand," she said.
"It wasn't good to get something the UK does and just dump it in New Zealand and think it will work for us.
"We go about community safety aspects a little bit differently and so we wanted our bill to reflect that."
The Government has a guarded view on ASBOs.
In a recent Cabinet paper, Annette King rejected them as a way of tackling organised crime.
She said the orders were designed to counter social problems peculiar to Britain. They had an economic and social cost, and their benefits for the criminal justice system were unclear.
But Ms King - who studied the orders during a trip to Britain - believed an ASBO-style scheme might help control street-level disorder, and thought Ms Chadwick's bill would give Parliament an opportunity to consider ASBOs in more detail.
National law and order spokesman Simon Power said that with crime statistics rising, Labour could not afford to dismiss any way of tackling offenders.
WHAT IS AN ASBO?
* Britain's Anti-Social Behaviour Order is a court order banning an offender from continuing unwanted behaviour, associating with certain people, or visiting certain areas. It is intended to protect the public rather than punish someone.
* The order lasts a minimum of two years, and is a civil order rather than a criminal penalty, unless it is breached. Breaches can be punished by a fine or a jail term of up to five years.
* Local authorities, police, registered landlords and housing trusts can apply for ASBOs. The community is encouraged to collect evidence for issuing an ASBO and help enforce breaches.
- With NZHERALD STAFF
