National Party Pledges Positive Consent Law if Re-elected

The National Party has pledged to modernize New Zealand's sexual consent laws if it is re-elected to government. Justice spokesperson Paul Goldsmith stated the reform would shift the legal framework to require active, positive consent—meaning a 'yes' communicated through words or actions—rather than the current standard based on the absence of a 'no'.

Goldsmith clarified that the changes would align law with social education, specifying that silence does not constitute consent and that consent given once is not permanent. He emphasized that these modifications would not shift the burden of proof in sexual cases, as prosecutors must still prove the absence of consent beyond a reasonable doubt. This proposal is part of a broader law-and-order strategy that includes criminalizing stalking and banning good character discounts for sexual offending.

Opposition from the Labour and Green parties has centered on the timing of the proposal. Both parties argue that National is creating a false election issue by abandoning a bipartisan member's bill that already defines consent. Green Party Co-leader Marama Davidson and Labour's Camilla Belich criticized National for walking away from cross-party discussions to pursue its own legislative timeline.

Meanwhile, the Conservative Party of New Zealand has urged caution, arguing that an affirmative consent model could create legal uncertainty and complicate police investigations. Citing a 1987 Australian case where a man committed suicide after a false accusation, the party warned that such reforms could unintentionally criminalize behavior in healthy relationships.