In updating NZ's sexual violence laws, 'affirmative consent' is simpler than critics suggest

PremiumOpinionOpinion byAnna HighNZ Herald·12 Aug, 2026 05:00 PM5 mins to readAnna High is Professor of Law at the University of Otago and researcher for the Helen Clark Foundation’s 2025 report Addressing Sexual Violence in New Zealand.New Zealand law still allows consent to be assumed or inferred despite a person not doing or saying anything to communicate their free and voluntary agreement.Anoushka Bloem’s recent Herald column asks important questions about affirmative consent reform. We agree on a number of things: sexual violence must be taken seriously. Consent is crucial to the law on sexual violence.

And reform should be based on careful legal analysis rather