The Government relies on the Maori Party for support for some of its legislation, but they are rivals on the three strikes policy, which has been pushed by another support party, ACT.
Prime Minister John Key said yesterday National and ACT had reached agreement over the policy, which will see repeat violent criminals getting a maximum sentence with no parole for their third conviction.
Maori Party co-leaders Pita Sharples and Tariana Turia said they wanted to reduce violent offending, but said "punitive, populist policy" would not bring about the long-term change needed.
"The Government's narrow focus on crime and punishment leaves justice right out of the picture. These proposals will create huge disparities in sentencing, and punishment that is completely out of proportion to the crime," they said.
"They attack the foundations of justice, where judges make decisions based on the facts of the case. Judicial discretion is overruled by political dogma."
Kim Workman, from lobby group Rethinking Crime and Punishment, agreed, saying the policy effectively transferred discretion from the judiciary to the police.
"Under the proposed legislation, the police could for example, lay a charge of assault of aggravated injury against an offender, which is a three strikes offence. They could then plea bargain with the offender, and reduce the charge to aggravated assault, which is not eligible, on condition that the offender pleaded guilty to the lesser charge.
"Police 'overcharging' is a major issue in New Zealand, with around 10 percent of all charges laid by the police being subsequently withdrawn.
"Judges on the other hand, can only decline to sentence under the three strikes legislation, when it would be 'manifestly unjust' to do so. All the discretion lies with the police."
However, he said the new version of the proposed legislation was an improvement on the original bill in that it avoided a life sentence of 25 years on the third strike.
That was ACT's proposal, but the "third strike" will now earn a violent offender the maximum sentence for the particular charge with no parole.
The policy will be incorporated into the Sentencing and Parole Reform Bill, currently being considered by the law and order select committee. The public can submit views before it's due back in Parliament at the end of March.
If passed into law, someone committing a major violent or sexual offence would receive a standard sentence and warning for the first offence, and a jail term (in most cases) with no parole and a further warning for a second offence. On conviction for a third offence, the person would receive the maximum penalty in prison for that offence with no parole.
The list of qualifying offences comprises all the major violence and sexual offences that have a maximum penalty of seven years' prison or more.
Mr Key said it was being aimed at those who consistently posed a very real threat to the safety and security of other New Zealanders.
"Some people will say this bill is harsh, but it's only harsh on the very worst and most dangerous and repeat offenders."
