The legal framework
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
- Report to the police at any station; you do not have to decide immediately whether to pursue a prosecution.
- A forensic medical examination can usually be carried out and stored before any decision to report.
- Specialist support services can attend with you and explain each step.
- Ask for written confirmation of any examination and of the report reference.
- 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.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations