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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.
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.
Compensation Guidelines for wrongful conviction and detention February 2023 [PDF, 97 KB]
The Guidelines also apply if you've been convicted and detained under military law – see below for further information.
The information below summarises the main features of the Compensation Guidelines.
You can make an application for compensation if:
A sentence of detention means either:
The payment of compensation is at the discretion of the Government.
Cabinet must be satisfied that:
Pecuniary (financial) and non-pecuniary (non-financial) losses suffered after you’ve been convicted can be compensated.
Compensation includes:
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.
The information below is to help potential applicants understand the process for making an application under the Compensation Guidelines.
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.
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
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
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:
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.
You can find an archived version of the 1998 and 2020 Guidelines below, which were replaced by the current Guidelines in February 2023:
Read an archived version of the previous Guidelines for Wrongful Conviction and Imprisonment - August 2020 [PDF, 732 KB]; December 1998 [PDF, 1.5 MB]
You can find more information about Cabinet's decisions at:
2023: Proactive release: New compensation guidelines for wrongful conviction and detention [PDF, 288 KB]
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