Consent and age of consent
The Crimes Act sets the age of consent at 16 and specifies circumstances in which there is no consent, including force, threat, unconsciousness, and mistake as to identity or the nature of the act. It states expressly that a person does not consent merely because they do not protest or resist.
Key points
| Age of consent | 16 |
|---|---|
| No protest | Expressly not equivalent to consent |
| Incapacity | Alcohol or drug affecting capacity vitiates consent |
| Marital rape | Criminal since 1985 |
| Position of dependency | Separate offences apply |
| Limitation | None |
| Court process | The Sexual Violence Legislation Act 2021 improved complainant protections and evidence rules |
| No consent by default | The Crimes Act lists circumstances where consent is absent |
| Sexual violence legislation | The 2021 Act improved complainant protections in court |
| No limitation | Historic offences can be prosecuted |
| Restorative justice | Available in some cases, at the complainant's initiative |
In practice
- Contact a specialist sexual assault service for medical care and forensic options.
- Ask about communication assistance and pre-recorded evidence in court.
Recent changes
The 2021 reforms restricted questioning about sexual experience, allowed pre-recorded evidence, and introduced directions to address misconceptions.
Where to go
- Safe to Talk — 0800 044 334, free 24/7 sexual harm helpline, also by text.
- HELP and other regional sexual assault support services.
- ACC-funded sensitive claims counselling, available without a police report.
Worth knowing
ACC funds counselling for sexual harm without any requirement to report to police — one of the more accessible support systems anywhere. The 2021 Act allows evidence to be given in alternative ways and restricts questioning about sexual history — ask for these protections explicitly.
The general article: Consent and age of consent · Compare with another country
Domestic violence
The Family Violence Act 2018 consolidated the law, defining family violence to include physical, sexual and psychological abuse, dowry-related abuse and economic abuse, and recognising patterns of behaviour. Police can issue on-the-spot Police Safety Orders, and the Family Court makes protection orders.
Key points
| Police Safety Order | Issued by police without the victim's consent, requiring the person to leave for up to ten days |
|---|---|
| Protection order | From the Family Court, standard conditions include non-contact and non-violence; breach is criminal |
| Definition | Includes psychological, economic and dowry-related abuse, and patterns of behaviour |
| Programmes | Respondents must attend non-violence programmes; victims can access safety programmes |
| Property orders | Occupation and tenancy orders for the family home |
| Children | Automatically protected under a parent's order |
| Information sharing | Agencies may share information to keep victims safe |
| Family Violence Act 2018 | Consolidated the law and widened the definition |
| Police safety orders | Issued on the spot for up to ten days without a court |
| Protection orders | Automatically include children; programmes are directed for the respondent |
| Family violence leave | Ten days of paid leave and flexible working entitlements |
In practice
- A police safety order buys time: use those days to apply for a protection order.
- Ask your employer for family violence leave; you do not have to give details.
Cost and coverage
Applications are free for protection orders; legal aid is available, and without-notice applications can be heard the same day.
Recent changes
The 2018 Act's explicit inclusion of economic abuse and of patterns of behaviour brought New Zealand into line with the best international practice.
Where to go
- Women's Refuge crisis line 0800 REFUGE (0800 733 843), 24/7.
- Shine helpline 0508 744 633; Are You OK 0800 456 450.
- 1737 for free counselling support, call or text.
Worth knowing
A Police Safety Order can be issued without your agreement and without a court application — it buys up to ten days to arrange a protection order. A protection order automatically covers the children in your care. You do not need to apply separately for them.
The general article: Domestic violence · Compare with another country
Female genital mutilation
FGM became a specific offence in 1996, covering both performing it and arranging for a child to be taken out of New Zealand for the purpose. Prosecutions have been rare; the main national instrument is a long-running education programme that works with affected communities, health professionals and schools, and supports women needing care.
New Zealand criminalised the practice in 1996 and, unusually, made education rather than prosecution the centrepiece of its response: a national programme works with affected communities, trains health professionals and supports women who arrived with the consequences of a childhood procedure. There have been almost no prosecutions, which the programme treats as a sign that the approach is working rather than a failure.
Key points
| Statute | Crimes Act provisions introduced in 1996 |
|---|---|
| Removal | Arranging for a child to be taken abroad for FGM is an offence |
| Consent | Not a defence |
| National programme | A dedicated education and support programme works with affected communities |
| Care | Deinfibulation and obstetric care through the public system |
| Reporting | Concerns are reported to Oranga Tamariki |
| Affected population | Mainly women from the Horn of Africa and their daughters |
In practice
- Contact the national FGM education programme: it supports both women and health professionals.
- Deinfibulation is available through maternity and gynaecology services.
- Report concerns about a child to Oranga Tamariki.
- Interpreters and bicultural workers can be requested for any appointment.
Cost and coverage
Care through the public health system is free for eligible residents.
Where to go
- National FGM Education Programme.
- Oranga Tamariki, the child protection agency.
- Public maternity and gynaecology services.
Worth knowing
The New Zealand approach relies on community education rather than prosecution. That does not change the law: the offence carries a substantial sentence.
Frequently asked questions
Why are there so few prosecutions in New Zealand?
Because the national strategy is built around community education and health support rather than criminal enforcement. Prosecution remains available, and removing a child from New Zealand for the purpose is an offence, but the working assumption is that prevention comes from within communities.
Is help available for women already affected?
Yes. The national programme provides health information, referral for deinfibulation and counselling, with interpreters and community health workers. It is free and does not depend on when or where the procedure took place.
The general article: Female genital mutilation · Compare with another country
Sexual offences committed abroad
Extraterritorial jurisdiction over child sexual offences, with reporting through the police and the child exploitation team.
New Zealand law provides for prosecution of citizens and residents for sexual offences against children committed outside the country, without a dual criminality requirement. The child protection register imposes reporting obligations, and a specialist police team handles online and cross-border child exploitation.
New Zealand's Crimes Act provides extraterritorial jurisdiction over sexual offences against children committed overseas by New Zealand citizens and residents, and also criminalises organising or promoting such travel. Convictions lead to registration on the child sex offender register, with obligations that include notifying intended travel — the mechanism that allows destination countries to be warned.
Key points
| Basis | Crimes Act provisions on offences against children outside New Zealand |
|---|---|
| Who is covered | Citizens and residents |
| Dual criminality | Not required |
| Register | Child protection register with reporting obligations |
| Reporting | Police and the specialist child exploitation team |
| Cooperation | Active participation in regional networks |
| Time limits | No limitation period for serious sexual offences |
In practice
- Report to the police on return — there is no deadline.
- The specialist team handles reports about conduct overseas.
- A witness does not need proof or a full identification to report.
- Keep dates, locations and any images: these are what start an inquiry.
Where to go
- New Zealand Police, 105 for non-emergencies.
- Police child exploitation team.
- New Zealand embassy or high commission.
- Netsafe, for online material.
Frequently asked questions
Is arranging the travel itself an offence?
Yes. Organising, promoting or facilitating travel for the purpose of sexual conduct with a child is a separate offence, which allows prosecution of intermediaries — travel arrangers, recruiters — even where the principal offender is beyond reach.
The general article: Sexual offences committed abroad · Compare with another country
General sources
- govt.nz — official government information
- New Zealand Legislation — acts and regulations