NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
    • Cooking the Books
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

David Bain must prove innocence to get payout

Vaimoana Tapaleao
By Vaimoana Tapaleao, Jarrod Booker and Vaimoana Tapaleao
Pasifika Editor·NZ Herald·
25 Mar, 2010 03:00 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

David Bain is now penniless, says his lawyer. Photo / Janna Dixon

David Bain is now penniless, says his lawyer. Photo / Janna Dixon

David Bain - who spent 13 years in prison for the murder of five family members before being acquitted in a retrial - has lodged a compensation claim that could cost taxpayers more than $1 million.

Justice Minister Simon Power received notification from Mr Bain's lawyers yesterday afternoon of a
claim for "wrongful conviction and imprisonment".

Mr Bain's lawyer, Michael Reed, QC, last night told the Herald his legal team was "inviting dialogue with the minister" on a case he called "probably the worst miscarriage of justice in New Zealand history".

Asked how confident he was of success, Mr Reed said: "We wouldn't be putting it forward unless we thought it was deserved."

There was "no magic" in the timing of the claim ... "We have just got around to dealing with it."

Mr Reed would not discuss how much compensation was being sought or Mr Bain's current circumstances. He said Mr Bain was "penniless".

Long-time Bain supporter Joe Karam last night also refused to talk about the compensation claim or discuss where Mr Bain was.

The Ministry of Justice puts the base rate for wrongful-conviction compensation payments at $100,000 for each year spent in prison.

The Ministry is still considering how it will deal with the bid, however according to its compensation guidelines to the Cabinet, Bain does not appear to be eligible.

Cabinet guidelines require claimants seeking compensation to "have received a free pardon or have had their convictions quashed on appeal without order of retrial".

Last June, Mr Bain was acquitted at a retrial of murdering his parents Robin and Margaret Bain and his three siblings, Laniet, Arawa and Stephen, in their Dunedin home in 1994.

Because Bain does not appear to meet the cabinet guidelines, the Ministry of Justice must assess whether there are "extraordinary circumstances" to allow the bid to continue.

If extraordinary circumstances are found, the Ministry can recommend an amount of compensation to the minister of Justice. The Minister than takes the application to Cabinet to make a decision on whether or not compensation should be paid.

Bain's legal team has previously raised the prospect of trying to claim the inheritance from his family that went to other relatives.

Mr Reed said last night: "We are very disappointed the family has not seen fit to refund the money that properly should have gone to David."

Asked if legal action to try to recover this money was being considered, he said: "Indeed it is."

One of David Bain's uncles, John Boyd, said last night that the compensation bid seemed a matter between the Crown and his nephew's lawyers and it was not for him to comment.

However, he added: "David has never denied to any of us aunts or uncles that he committed the crime."

A leading lawyer, who would not be named, said last night that Mr Bain had "no chance" of succeeding in his claim for compensation.

And Stuart Grieve, QC, who played an independent role in one wrongful-conviction case, played down Mr Bain's chances of success.

He said Mr Bain faced "a considerable uphill battle".

"He's got to prove on the balance of probabilities that he is innocent - that is, that he did not do it. And that is a very different thing from being found not guilty."

Mr Grieve was involved in determining compensation for David Dougherty, who in 2001 was awarded almost $900,000 after being wrongfully imprisoned for the abduction and rape of an 11-year-old girl.

Last night, a University of Otago criminal law professor said Mr Bain's fight for compensation would involve proving that his father Robin Bain murdered his family.

Professor Kevin Dawkins thought Mr Bain could receive between $2 million and $3 million, "but, crucially, he has to pass the first hurdle".

Discover more

New Zealand|crime

David Bain files claim with Govt for compensation

25 Mar 06:37 AM
Opinion

Should David Bain get compensation?

25 Mar 07:28 PM
Opinion

<i>Editorial:</i> Bain facing a tough but fair challenge

26 Mar 02:59 PM
New Zealand|crime

Bain may seek legal aid for compo bid

26 Mar 03:00 PM
Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.
Save

    Share this article

Latest from New Zealand

New ZealandUpdated

Tornado strikes Hamilton, thunderstorms buffet upper North Island

29 May 10:05 AM
New Zealand

'Painfully relevant': Debate over flag artwork prompts its removal by gallery

29 May 09:14 AM
New Zealand

Two seriously injured in alleged Auckland grievous assault

29 May 08:32 AM

Gold demand soars amid global turmoil

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Tornado strikes Hamilton, thunderstorms buffet upper North Island

Tornado strikes Hamilton, thunderstorms buffet upper North Island

29 May 10:05 AM

Thunderstorms are expected to be accompanied by damaging wind gusts.

'Painfully relevant': Debate over flag artwork prompts its removal by gallery

'Painfully relevant': Debate over flag artwork prompts its removal by gallery

29 May 09:14 AM
Two seriously injured in alleged Auckland grievous assault

Two seriously injured in alleged Auckland grievous assault

29 May 08:32 AM
Family adds to calls for action after teen dies in run it straight tackle game

Family adds to calls for action after teen dies in run it straight tackle game

29 May 08:01 AM
Explore the hidden gems of NSW
sponsored

Explore the hidden gems of NSW

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP