Full Breakdown
National Party Pushes for “Active” Consent Definition Ahead of Election
7/19/2026, 4:10:20 AM
Core Proposal and Legislative Change
The National Party announced a policy to amend New Zealand’s sexual-consent law so that consent must be “actively given” and communicated through “words or actions.” The proposal would replace the current reliance on a non-exhaustive list of what consent is not with a positive-consent standard, stating that “silence is not consent” and that consent given once “is not consent forever.” National MP Simon Goldsmith emphasized that the change would not alter the burden of proof; prosecutors would still need to prove beyond reasonable doubt that consent was not given and that the defendant did not have reasonable grounds to believe it was.
Background of Existing Law
Under the Crimes Act, consent is defined by what it is not, leaving many situations ambiguous. The National policy seeks to make the law “clear, modern and fit for purpose” by codifying an affirmative-consent requirement.
Official Positions
Goldsmith framed the amendment as a reset of “social expectations,” arguing that it aligns with long-standing public-education messages about positive consent. He also noted that Labour’s six-year government had not addressed the issue. Labour MP Camilla Belich countered that a bipartisan bill, drafted in her name for the Commonwealth Women Parliamentarians committee, already contained similar reforms. She urged National to act immediately rather than postpone the change for electoral advantage.
Criticism and Political Dispute
Belich criticised National for “walking away from those bipartisan discussions” and for using the reform as a campaign issue. She argued that the bill had been developed with support from MPs across Parliament and that New Zealanders deserve clear consent laws now. Goldsmith responded that the matter is “serious” and that a full policy process involving justice officials is essential.
Verbatim Quotes
- “That means silence is not consent. A person who doesn’t say no has not said yes. And consent given once is not consent forever.” — Simon Goldsmith, National MP
- “The prosecution will still need to prove beyond reasonable doubt that consent wasn’t given, and that the defendant didn’t believe on reasonable grounds that it was.” — Simon Goldsmith, National MP
- “This is a serious matter and of course Labour had six years in government and they didn’t get around to dealing with this.” — Simon Goldsmith, National MP
- “This reform is ready to go, National can choose to act now or continue to delay,” — Camilla Belich, Labour MP
- “It’s deeply disappointing National walked away from those bipartisan discussions. If they are serious on reform, why wait?” — Camilla Belich, Labour MP
