Former drug dealer successfully challenges Government's treatment of 501 deportees

It's back to the drawing board for the Government in its efforts to keep tabs on 501 deportees.

A former drug dealer has successfully challenged the Government's authority to impose special conditions upon his return to New Zealand. 

David Obeda was not the 501 who went to court and beat the Government but he was a violent gang member who's turned his life around since being deported from Australia five years ago.

"I was suffering when I came back here. You know, depression, anxiety attacks, panic attacks. I was going through all of that when I got back and then having to report in," Obeda said.

When he arrived in Auckland, Obeda was marched through the airport in handcuffs, had to supply fingerprints and DNA then attend weekly probation meetings as he tried to hold down a new job. He coped but said many don't and are driven into the arms of gangs.

Now Obeda's job is making a podcast to help 2800 other 501s.

"In Australia, we've served our time there. A lot of people who are being deported have served their parole periods as well, so if we're looking at it from a legal standpoint we've paid our debt to society, we've done the time for the crimes that we've committed. It should be a fresh start here," Obeda said.

A former drug dealer and 501, known only as G, persuaded a High Court judge that their treatment amounts to double jeopardy.

"New Zealand has been part of the problem with why the criminality rate has increased, with why people aren't reintegrating, it's been our problem. We have put all the blame on the deportees but yet we won't even uphold their human rights," 501 support advocate Filipa Payne said.

However, the Police Association said the majority of 501s re-offended, and many get involved in organised crime. 

"We need to have all the tools in the toolbox, it's just another. When the public are crying out for police to be out there and they will take common sense approaches to the crime we're seeing these sorts of moves from the courts just make that incredibly hard," president Chris Cahill said.

The Government has just announced it will appeal the ruling.

"Top of mind for us is making sure that our community is safe. We need to take away those findings and ensure that the way our system is set up is both meeting our legal obligations but also the expectations of our communities,"  Prime Minister Jacinda Ardern said.

Australia will continue to deport its prisoners but the question remains: how will they conduct their lives when they arrive here - without the heavy hand of the authorities weighing down on them.