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What would a change to New Zealand's consent laws mean?
NZ🏛️ PoliticsCenter7 days ago

What would a change to New Zealand's consent laws mean?

The article discusses potential reforms to New Zealand's consent laws, focusing on shifting from the current legal framework to an 'affirmative consent' model similar to those in Canada and parts of Australia. Under the existing Crimes Act, consent is defined by listing situations where it is not present, rather than explicitly requiring active communication of consent. Professor Anna High, a legal expert and researcher, argues that this approach fails to account for victims who may experience a 'freeze response' during sexual violence or who have been subjected to prolonged coercive control. Affirmative consent would require explicit communication of consent, which could be verbal or non-verbal, but would not complicate the legal process or infringe on personal freedoms. High emphasizes that while this reform would clarify legal definitions and support victims, it is not a complete solution to the broader issue of sexual violence. She also highlights the need for expanded funding for restorative justice programs, including culturally specific approaches for Māori communities.

A third of people summoned for jury service in New Zealand last year failed to appear or respond to their summons, according to data obtained by The Spinoff through an Official Information Act request. This marks the highest non-response rate in the past five years, surpassing the previous record set in 2023, which saw 31.3% of individuals fail to show up. The figure represents a sharp rise compared to pre-pandemic levels, where only 13% of people did not report for jury duty or otherwise responded to summonses. The Ministry of Justice confirmed the figures, noting that the non-response rate reached 31.5% in 2025. Jury service letters typically include a warning that failure to attend or refusing to serve can result in a fine of up to $1,000 under the Juries Act 1981, or even arrest and court appearance. However, in practice, these penalties are rarely enforced. Data from the Ministry indicates that no fines have been collected in the last five years, and only two individuals were fined in the preceding five-year period, both in 2019. Jury service is a critical component of New Zealand's legal system, allowing defendants charged with crimes punishable by more than two years in prison to opt for a trial by jury. Criminal defence barrister Mark Ryan, based in Auckland, frequently advises clients to choose a jury trial. He argues that having a jury composed of local residents ensures greater fairness, as opposed to a judge who may have previously worked as a Crown prosecutor. Participation in jury service demands a commitment of time, often involving exposure to challenging and emotionally taxing cases. Despite this, many remain eager to contribute. Taylor, a shift worker in the lower North Island, was summoned for jury duty three times before finally attending. His initial summons in 2023 was deferred due to employment constraints. After moving jobs, he faced another deferment when he was made redundant. When the deferment date arrived, his new employer offered further deferral, but Taylor opted to serve. He used two weeks of annual leave to participate, earning $310 for his time. Jurors are compensated with $31 per half day, with some expenses such as travel or childcare covered. However, the rates have remained unchanged since 2004. While some employers, particularly in the public sector, continue to pay staff during jury service, this is not common practice. Ruth Money, chief victims adviser to the government, acknowledges that while some businesses support jury service as a civic responsibility, most do not. She explains that the current compensation rate makes it impractical for many workers, especially those earning significantly more than the daily allowance. Money also notes the challenges of maintaining the status quo regarding remuneration. “The government has a limited bucket of pūtea,” she says, highlighting the broader economic context and budgetary constraints. As the demand for jury service continues, so too does the need for a system that supports participation without placing undue burdens on individuals. The issue reflects a complex interplay between legal rights, personal circumstances, and systemic incentives.

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2 reports

The Spinoff logoThe SpinoffIndependentCenterFactual 85Objective 7510 days ago
A third of people called for jury service last year didn’t show up. Is the system broken?

A significant proportion of individuals summoned for jury service in New Zealand failed to appear, with 31.5% of those called in 2025 not showing up or responding to their summons. This represents a sharp rise compared to pre-pandemic levels, where only 13% of people did not report for jury duty. Despite legal provisions allowing for fines of up to $1,000 for non-compliance, no fines have been collected in the past five years, and only two people were fined in 2019. The Ministry of Justice has proposed changes to the jury system to address these issues, including increasing the age for eligibility from 65 to 72. While some individuals face challenges such as employment conflicts or personal circumstances that prevent them from serving, others, like Taylor, a shift worker, make efforts to fulfill their civic duty despite difficulties.

Bias read (Center): The article presents data on jury service non-attendance and discusses potential reforms without overtly favoring any particular political stance. It includes perspectives from both the Ministry of Justice and individual citizens, providing balanced information on the issue.

Why factuality (85): The article references data from the Ministry of Justice regarding non-response rates to jury summons, aligning with the primary source document's emphasis on the importance of responding to summons. It discusses the legal consequences of not attending, which matches the information in the primary s

Why objectivity (75): The article presents the issue of non-response to jury summons as a systemic problem, suggesting potential flaws in the system. While it provides factual statistics, it frames the issue in a critical light, implying that the system may be 'broken,' which introduces a degree of opinion rather than pu

RNZ (Radio New Zealand) logoRNZ (Radio New Zealand)State / PublicCenterFactual 45Objective 907 days ago
What would a change to New Zealand's consent laws mean?

The article discusses potential reforms to New Zealand's consent laws, focusing on shifting from the current legal framework to an 'affirmative consent' model similar to those in Canada and parts of Australia. Under the existing Crimes Act, consent is defined by listing situations where it is not present, rather than explicitly requiring active communication of consent. Professor Anna High, a legal expert and researcher, argues that this approach fails to account for victims who may experience a 'freeze response' during sexual violence or who have been subjected to prolonged coercive control. Affirmative consent would require explicit communication of consent, which could be verbal or non-verbal, but would not complicate the legal process or infringe on personal freedoms. High emphasizes that while this reform would clarify legal definitions and support victims, it is not a complete solution to the broader issue of sexual violence. She also highlights the need for expanded funding for restorative justice programs, including culturally specific approaches for Māori communities.

Bias read (Center): The article presents a balanced discussion of proposed legal reforms, citing academic perspectives and emphasizing the lack of a definitive solution to sexual violence. It does not exhibit overtly biased language, one-sided sourcing, or editorializing favoring one side over another. The focus is on厘

Why factuality (45): The article discusses proposed changes to New Zealand's consent laws, specifically moving toward an 'affirmative consent' model. While it references Professor Anna High and her work with the Helen Clark Foundation, it does not mention the primary source document about jury summons. The content is un

Why objectivity (90): The article presents the views of Professor Anna High in a neutral manner, quoting her directly and explaining the legal implications of affirmative consent. There is no overt bias or emotional language, though the topic itself involves sensitive subject matter. The tone remains professional and inf

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