Wellington, Jan 20 NZPA - A judge erred in his assessment of the likely punishment for a repeat Christchurch offender under the new "three strikes" policy, the police minister's office said today.

The 29-year-old man was in Christchurch District Court today on a charge of entering a dog pound with intent to commit a crime.

Defence counsel Michael Knowles said the man's dog had been impounded and he had tried to negotiate its return and offered a deposit on the fees. The pound insisted on full payment.

"He may have attempted to take a more direct approach," Mr Knowles said. "Whether that's burglary or not, I am in some doubt."

Police said the man had 65 previous convictions including burglary, robbery, armed robbery and wounding, but bail was granted by Judge David Saunders, despite police arguing against it.

Judge Saunders said if the case were to be proved, it would highlight flaws in the ACT Party's new three strikes legislation which is about to be implemented. "He might likely face 10 years' jail for going into a dog shelter."

"At $100,000 a year to keep someone in prison, one can imagine the huge cost to the country for something that is relatively minor. A judge might not be allowed to grant parole," he said.

But a spokesman for Police Minister Judith Collins said the judge's conclusion was wrong.

"Burglary is not one of the 36 serious violence and sexual offences that would be captured by the legislation," he said.

While aggravated burglary did qualify under the new legislation, it would almost certainly not apply to the case in question.