The legislation was passed in Parliament this month, amending the Education Act 1989, and now gives appropriate school staff the power to search pupils and their bags, and seize property.
Paul Roth has gone through the new legislation with a fine-toothed comb and he expressed concern at what he calls ''weasel words'', such as 'reasonable grounds', 'detriment to the learning environment', 'reasonable period', 'as appropriate', and 'items that are reasonably believed to pose an immediate threat to a person's emotional safety', all of which could be used by lawyers to argue their cases.
''In legislation of this type, it seems inevitable that this sort of language would be used to cover the variety of circumstances that could arise.
''To confer the legislation's intrusive discretionary powers on all school staff, however, seems somewhat risky and could result in unfairness if there is a disparity in the treatment of pupils by different staff members.
''I would prefer the concentration of such powers among a small number of senior staff,'' Prof Roth said.
However, on the positive side, the legislation gave schools more protection from potential lawsuits in relation to search and seizure, which previously were not spelled out.
Previously, schools either had to take the risk they might be acting in breach of the New Zealand Bill of Rights' provision on search and seizure, or call in the police, who had more experience with such matters.
''From a student's perspective, it may be preferable to be dealt with by the school than by the police - though there is still the option for the school to call in the police.''
As long as the actions of schools were reasonable and proportionate to the actual or potential harm or threat to other pupils, school staff and the overall learning environment, schools would be protected from breaches of human rights legislation, he said.
''The alleged 'bad' students have human rights to reasonable treatment and due process, but they are not the only ones who have rights in the situation.
''The other students have a right to enjoy an effective educational environment, and both students and staff have a right to be kept safe from harm.''
He said pupils had no choice whether or not to attend school, so it was the responsibility of schools to keep them safe, as well as ensure they were not deprived of their property while at school.
''Therefore, as long as schools exercise the powers under the legislation in a responsible and accountable manner, I see no problem from a human rights perspective,'' he said.
