A leading legal academic says New Zealand has an opportunity to modernise its sexual consent laws immediately, questioning why the Government is waiting until after the election when there appears to be enough parliamentary support for the reforms to pass now.
Associate Professor Carrie Leonetti from the University of Auckland Law School says there is broad political consensus around introducing an affirmative consent model, making the timing of the proposed changes a matter of political choice rather than legislative necessity.
The comments come as sexual consent has become a significant issue in the lead-up to the 2026 General Election, with major parties agreeing that the law should be strengthened but differing on when those changes should be enacted.
National has pledged that, if re-elected, it will amend the Crimes Act to include a positive definition of consent, making it explicit that consent must be actively communicated through words or actions. The party says the reforms would clarify the law while maintaining the existing burden of proof in criminal prosecutions.
Labour and the Green Party have welcomed the move toward affirmative consent but argue there is no need to wait until after the election. Labour says a Member’s Bill has already been drafted and could be progressed through Parliament immediately with cross-party support.
Current Law Focuses on What Consent Is Not
New Zealand’s sexual consent laws are governed by the Crimes Act 1961, with the legal age of consent set at 16 years.
At present, the law does not provide a positive definition of consent. Instead, Section 128A outlines circumstances where consent is not legally valid.
Under current legislation, consent is not established simply because someone fails to protest or physically resist. The law also states there is no legal consent where a person submits because of force, threats or intimidation, is unconscious or asleep, is so affected by alcohol or drugs that they cannot freely choose, or lacks the mental or physical capacity to make an informed decision.
Children under the age of 16 are also legally unable to consent to sexual activity.
Supporters of reform argue that while these provisions are important, the law does not clearly define what affirmative consent looks like, leaving room for misunderstanding about how consent should be communicated.
Moving Towards a Positive Definition
The proposed reforms would introduce an affirmative consent model into the Crimes Act, making it clear that consent must be positively expressed rather than assumed.
Legal experts say this reflects a growing international trend towards recognising that consent should be an active and ongoing agreement between participants.
Importantly, advocates emphasise the reforms would not reverse the burden of proof in criminal cases.
The prosecution would still be required to prove beyond reasonable doubt that consent was absent and that the accused did not have reasonable grounds to believe consent had been given. The proposed amendments are intended to clarify the legal framework rather than lower the threshold for conviction.
A Question of Timing
Associate Professor Leonetti says the real issue is no longer whether affirmative consent should become law, but why Parliament is delaying action.
With Labour, the Greens and National all indicating support for strengthening consent laws in principle, she argues there appears to be sufficient backing for legislation to be considered before voters head to the polls.
The debate follows similar calls from sexual violence prevention organisations, including Te Ohaakii ā Hine – National Network Ending Sexual Violence Together (TOAH-NNEST), which has argued survivors should not have to wait until after the election for reforms that enjoy widespread public and political support.
A Significant Issue for Māori
The debate carries particular significance for Māori communities, who continue to experience disproportionately high rates of sexual violence and family harm.
Advocates say legal reform is only one part of the response, alongside greater investment in prevention, education, culturally grounded support services and survivor-led healing initiatives.
Many organisations argue that improving the clarity of consent laws can help shape community understanding of respectful relationships while supporting broader efforts to reduce sexual violence.
As Parliament enters the final weeks before the election campaign intensifies, the question remains whether lawmakers will attempt to pass affirmative consent legislation now or leave the issue for whichever government forms after the election.
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