About compensation for wrongful conviction & detention
In some circumstances, a person who has had their conviction quashed or set aside by the court can apply for compensation for the time they've been detained as a result of that wrongful conviction.
There’s no legal right to receive compensation from the Government for wrongful conviction and detention. However, the Government, in its discretion, may decide to compensate someone who’s been wrongly convicted and served a sentence of imprisonment or detention by making an ex gratia (voluntary) payment.
Compensation Guidelines
Cabinet (the Government's central decision-making body of Ministers) has established Compensation Guidelines to aid its consideration of applications for such compensation. The latest version of the Guidelines was issued in 2023.
The Guidelines also apply if you've been convicted and detained under military law – see below for further information.
Main features of the Compensation Guidelines
The information below summarises the main features of the Compensation Guidelines.
Eligibility
You can make an application for compensation if:
you’re living at the time of the application (in other words, people can’t make an application on your behalf after your death)
you’ve been pardoned or had your conviction/s quashed and the criminal proceedings have finished
you’ve served all or part of a sentence of imprisonment or detention for that conviction.
A sentence of detention means either:
home detention, or
the military sentence of detention, when it’s imposed by the Court Martial of New Zealand.
Criteria for compensation
The payment of compensation is at the discretion of the Government.
Cabinet must be satisfied that:
you’re innocent on the balance of probabilities
you’ve suffered losses of a type that can be compensated under the Guidelines
compensation is in the interests of justice.
Types of compensation
Pecuniary (financial) and non-pecuniary (non-financial) losses suffered after you’ve been convicted can be compensated.
Compensation includes:
an annual amount of $150,000 for each year in custody, or $75,000 for each year serving a sentence of detention
an annual amount of up to $100,000 for loss of livelihood (loss of income) during that period
an additional amount of $75,000 a year for time spent on restrictive bail or parole
an amount of up to $50,000 in cases of imprisonment, or up to $25,000 in cases of detention, to help re-adjust to living in the community
an amount for certain costs incurred when challenging the conviction and applying for compensation
an amount for large financial losses between $50,000 and $250,000 in cases of imprisonment, or $25,000 and $250,000 in cases of detention
The compensation payment can be adjusted upwards or downwards by up to $150,000 in cases of imprisonment, or up to $75,000 in cases of detention for aggravating and mitigating features of the case.
The Government can also decide to make a public apology or statement of innocence.
Information for potential applicants
The information below is to help potential applicants understand the process for making an application under the Compensation Guidelines.
Who can apply for compensation?
If you believe you’re eligible to apply for compensation, you can make an application yourself. Alternatively, someone else, such as a lawyer, can apply on your behalf.
A lawyer can advise you on the merits of making an application and, if you go ahead, can also help you collect relevant information and prepare your submissions.
How do I apply?
You’ll need to provide information about your convictions and detention, and how your convictions were quashed or set aside.
At the very least, you’ll need to explain why you’re innocent of the charges and state what evidence you’re relying on to show your innocence. As the applicant, it’s your responsibility, not the Government’s, to establish your innocence on the balance of probabilities.
Send your application, including any supporting documents and submissions, to the Minister of Justice at the following address:
Minister of Justice Parliament Buildings Wellington 6160
Claims for compensation relating to a military conviction
If your application concerns a military conviction, the Minister of Defence will oversee its assessment, in consultation with the Minister of Justice.
In this case, send your application for compensation to the Minister of Defence at:
Minister of Defence Parliament Buildings Wellington 6160
Can I get legal aid?
If a lawyer is helping you with your application, you may be able to apply for legal aid. You can find out more about legal aid on our website at:
The Ministry of Justice initially considers your application and reports to the Minister of Justice.
If the Minister agrees to further assessment of your application, that will focus on:
whether you’re innocent on the balance of probabilities
whether it’s in the interests of justice to pay compensation; and
if so, how much compensation should be paid.
The Minister decides on a suitable assessment procedure for each application. The Minister may (but isn’t obliged to) seek independent legal advice on any aspect of your application.
If your application concerns a military offence, the Minister of Defence will oversee its assessment, in consultation with the Minister of Justice.
Cabinet must make any decision to pay compensation under the Compensation Guidelines.
Previous Guidelines
You can find an archived version of the 1998 and 2020 Guidelines below, which were replaced by the current Guidelines in February 2023: