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Campaign to reform Aotearoa’s consent laws reaches the Justice Committee

2 May, 2023

Interview by Jessica Hopkins, adapted by Jacob Maxwell 

After delivering a 12,000-strong petition to parliament last year, Layba Zubair (right) will be making an oral submission to the Justice Committee to introduce a bill to better protect survivors of rape and sexual assault. Photo: Supplied by Layba Zubair.

Listen to the full interview

Founder of Consent Law Reform NZ and Auckland University Students’ Association Women's Rights Officer Layba Zubair is continuing her calls for the government to include a clear definition of consent in the Crimes Act 1961.

Zubair told 95bFM’s The Wire that Aotearoa’s current law does not define consent, only what consent isn't.

She said this is problematic as it discourages people from reporting assault. 

“It’s more than just having a definition of consent. Our laws need to be written in a way that protects survivors. Right now, the only person they are protecting is the assaulter.”

The 2020/21 New Zealand Crimes and Victim Survey found that 92% percent of sexual assaults were not reported to Police.

Rape Prevention Education (RPE) defines consent as a voluntary and conscious agreement between two or more people engaging in a sexual activity, which can be withdrawn at any time. 

RPE states consent is a continuous process and needs to happen every time a sexual act happens and for every type of sexual act. A person should always be genuinely eager to do the sexual activity that they are agreeing to. Anything other than an enthusiastic yes is a no—this includes silence.

New Zealand Law also recognises that consent does not count if someone is too drunk or too high on drugs, if someone is under 16, or if any force, threat, or pressure is involved.

Countries like Australia have recently established laws that Zubair believes are more affirming of consent. 

“The fact they have taken a clear stand to protect survivors is admirable and we hope New Zealand follows.” 

In 2022, Zubair along with Dear Em and HELP Auckland delivered a more than 12,000-strong petition calling for Aotearoa’s consent laws to be reformed. 

Zubair said they received bi-partisan support at the handover of the petition.

“That was something we were shocked to see because that is rare in today’s political climate. We had MPs from every single party, and we hope they stick to their word.”

Supported by HELP Auckland and Dear Em, Zubair will be making an oral submission to the Justice Committee on 4 May. 

“We hope the Justice Committee is willing to put this into a bill to amend our Crimes Act.”