A leading advocate for ending sexual violence says New Zealand should move immediately to strengthen its sexual consent laws, arguing that delaying reform until after the election risks prolonging uncertainty for survivors and disproportionately affects Māori.
Russell Smith, of Te Ohaakii ā Hine – National Network Ending Sexual Violence Together (TOAH-NNEST), says the introduction of affirmative consent laws is long overdue and should be enacted by the current Parliament rather than becoming an election promise.
The call follows National’s announcement that, if re-elected, it would amend the Crimes Act to make it explicit that consent must be actively given through words or actions, rather than inferred from the absence of a refusal. Under the proposal, silence would not constitute consent, and consent given previously would not automatically apply to future sexual activity. The changes would not alter the burden of proof in criminal trials, which would remain with the prosecution.
Smith says TOAH-NNEST supports affirmative consent reform but believes there is no reason to postpone it until after voters head to the polls.
He argues there is already broad support across Parliament for modernising consent laws and that survivors should not have to wait for protections that many other comparable countries have already introduced.
The proposed reforms would provide, for the first time, a clear legal definition of consent in New Zealand law. Currently, the Crimes Act sets out circumstances where consent is not present but does not define what affirmative consent actually is. Advocates say that gap can create confusion both in legal proceedings and in public understanding of healthy sexual relationships.
For Māori, the issue carries particular significance.
Sexual violence continues to have a disproportionate impact on Māori communities, with Māori women, children and whānau experiencing higher rates of family violence and sexual harm than the wider population. Organisations working in prevention and survivor support have long argued that legal reform must sit alongside culturally grounded prevention, education and healing initiatives led by Māori.
Smith says strengthening consent laws is one important part of a broader response that must include investment in prevention, early intervention and support services designed by and for Māori communities.
The debate has also become increasingly political.
Labour says Parliament could pass an existing cross-party member’s bill now, arguing there is sufficient support across several parties to introduce an affirmative consent model without waiting for the election. The party has criticised the Government for turning the issue into a campaign commitment rather than progressing legislation immediately.
National, meanwhile, says its proposal forms part of a wider package of reforms aimed at improving protections for victims of sexual offending. The party says its approach would modernise the law while preserving the long-standing legal principle that the prosecution must prove beyond reasonable doubt that consent was not given and that the accused did not reasonably believe consent existed.
The debate comes amid broader changes to New Zealand’s justice system. Earlier this year, new legislation strengthened protections for victims of sexual violence by extending automatic name suppression for complainants and giving victims a greater say over permanent name suppression for convicted offenders.
With Parliament entering the final stages before the election campaign intensifies, advocates say the question is no longer whether New Zealand should adopt affirmative consent laws, but whether lawmakers are prepared to act now or ask survivors to wait.
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