PORT MORESBY (Radio Australia / Pacific Media Watch): It comes as Australia's Parliament is debating amended legislation which would clear the way for a return to offshore processing on Manus Island and in Nauru.
National Capital District Governor Powes Parkop, a member of Prime Minister Peter O'Neill's coalition government, said detaining people who have not been charged would constitute a breach of the country's constitution.
"There's no law in PNG that allows people to be detained without being charged," he told Radio Australia's Asia Pacific.
"That is not legal here (in PNG) because it's against our constitution, which safeguards and protects our people, if they're taken in by police, or other authorities, they're supposed to be charged as soon as possible for a particular offence."
Mr Parkop said he would take the issue to the courts to ensure any assistance provided to Australia was in compliance with PNG's constitution.
"We'll be finding our Supreme Court reference, to question whether the opening up of such a centre is constitutional and legal in our country.
"I have the mandate of our people to speak as I see fit, to defend our constitution and defend the values that we hold dear."
Mr Parkop said Papua New Guinea had a different approach to asylum seekers.
"It's not the culture or practice here in Papua New Guinea for us to detain asylum-seekers. When the West Papuans come to PNG, we put them in refugee camps, where they're free to go fishing and gardening and fend for themselves, while we process them."
"You know, not only is Australia trying to get us to break our own Constitutional law, but it's trying to get us to adopt that particular culture that is alien to us."
Financial boost
Australian Immigration Minister Chris Bowen said the so-called Pacific Solution will cost $AU2 billion over four years for Nauru and $900 million for Papua New Guinea.
The newly-sworn in Governor of Manus Island, Charlie Benjamin, learned of the proposed reopening of the processing centre on Tuesday morning, and said he supports the idea.
"What will Manus gain? Maybe more along the line of infrastructure development that the Australian Government can help the people of Manus," Mr Benjamin said.
Crucial vote
Offshore processing was previously scrapped by the current Labor Government which described it as "costly, unsustainable, and wrong". It is being reintroduced after a government-appointed expert panel recommended a number of changes to the current policy, including an eventual increase in the number of refugees accepted by Australia.
Immigration Minister Chris Bowen said while the laws were necessary to stop boats, the government needed to work hard to make sure the system is managed humanely.
Prime Minister Julia Gillard said the report's call for lengthy detention was a challenging recommendation.
"It is to ensure people do not get an advantage from having risked their lives at sea," she said, adding that the government will work out what an appropriate time is with advice from the United Nations High Commissioner for Refugees (UNHCR).
In order for the amendments to be implemented the government will need the support of the opposition Coalition.
The minority Greens Party has already said it will oppose the plans.
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