OIA 121293 Layba Response letter.pdf

Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 | F 04 918 8820
[email address] | www.justice.govt.nz
14 May 2025
Layba
[FYI request #30709 email]
Ref: OIA 121293
Tēnā koe Layba
Official Information Act request: Consent law reform
Thank you for your email of 13 April 2025 to the Ministry of Justice (the Ministry) requesting,
under the Official Information Act 1982 (the Act), information about consent law. Specifically,
you requested:
… official information relating to the potential reform of consent laws in New Zealand
between 1 January 2020 and 13 April 2025…
1. Policy and Legal Documents Held by the Ministry of Justice
• Any final policy documents, briefing papers, Cabinet papers, or internal
discussion documents prepared by or for the Ministry of Justice that relate to
the definition of consent in sexual offence legislation, or affirmative consent.
• Any legal advice received by the Ministry regarding the viability or implications
of law reform relating to consent, including any review of international legal
models (e.g. affirmative consent frameworks). Scope limitation: I do not
require duplicate copies, nor drafts unless final versions are unavailable.
2. Correspondence Related to the Justice Select Committee’s Recommendation
• Correspondence (including emails, letters or memos) between the Ministry of
Justice and the Justice Select Committee in relation to their recommendation
that consent laws be re-examined. Any internal responses, summaries, or
notes created by the Ministry in response to or discussing that
recommendation.
3. Ministerial Communications (Limited by Topic and Timeframe) Please provide any
correspondence, briefing notes, or advice provided to or from:
• Minister Paul Goldsmith (Justice)
• Prime Minister Christopher Luxon
• Minister Karen Chhour (Children and Associate Justice)
…that discuss:
i.
Consent law reform
ii. The Select Committee’s recommendation on re-examining consent
iii. Public calls for the inclusion of affirmative consent standards

iv. This includes material dated between October 2023 – April 2025 (i.e. post-
Select Committee recommendation period).
On 28 April 2025, the Ministry asked you to clarify your request. On 1 May 2025, you
confirmed that you were seeking information on general consent law reform, which includes
affirmative consent. For part 3 of your request, you confirmed that you were seeking
correspondence between the Ministry and the individuals named.
Policy and Legal Documents & Correspondence with Justice Select Committee
In response to parts 1 and 2 of your request, please refer to documents 1-9 in the Appendix
below, which details the documents in scope of these parts of your request and my decision
on their release.
Please note that a significant amount of information in these documents has been redacted
as it is outside the scope of your request. Further, some information has been refused under
section 18(d) of the Act, as the information is publicly available.
Ministerial communications
In response to part 3 of your request, please refer to documents 10-11 in the Appendix
below, which details the documents in scope of your request and my decision on their
release. Some information has been withheld as it is outside the scope of your request.
I can advise that the Ministry does not brief Ministers other than the Minister of Justice and
any Associate Minsters of Justice. Therefore, I am refusing the part of your request relating
to Prime Minister Christopher Luxon and Minister Chhour, under section 18(e) of the Act, as
the information does not exist. Minister Chhour is not an Associate Minister of Justice.
In the Appendix, you will note that some information has been withheld under section 9(2)(a)
of the Act to protect the privacy of natural persons. In document 5, I have redacted the name
of the petitioner to protect their privacy as I understand this response will be published
online.
Finally, please note, where entire pages of material have been deemed out of scope, they
have been removed from the attached document pack to avoid providing you with
unnecessary blank pages.
In withholding information under section 9 of the Act, I have considered the public interest
and do not consider that it outweighs withholding the information at this time.
Please note that this response, with your personal details removed, may be published on
the Ministry website at: Official Information Act responses | New Zealand Ministry of Justice

If you are not satisfied with this response, you have the right to make a complaint to the
Ombudsman under section 28 of the Act. The Office of the Ombudsman may be contacted
by email to [email address] or by phone on 0800 802 602.
Nāku noa, nā
Alida Mercuri
General Manager, Criminal Law Policy

Appendix 1: Documents in scope of request

Doc no.
Date
Document type
Document title
Decision on release
Sexual violence in the criminal law – proposed
1
09/12/2021
Briefing
scope and approach to consultation
Further advice on sexual violence in the criminal
2
01/04/2022
Briefing
law
Family violence and sexual violence in the
Some information withheld under s9(2)(a) of
3
31/08/2022
Briefing
criminal law – summary of key issues and
the Act. Some information also redacted as it
forward work
is out of scope.
Further advice on strengthening legal protections
4
12/12/2022
Briefing
for victims of FVSV
Written
Invitation to submit on petition of Layba Zubair:
5
27/01/2023
submission
consent law reform
Regulatory Impact Statement: Strengthening
Refused under s18(d) of the Act - publicly
Regulatory
6
24/03/2023
legal protections for victims of family violence
available at: Regulatory-Impact-Statement-
Impact Statement  and sexual violence
24-March-2023.pdf
Advice to inform drafting to implement Cabinet
Some information withheld under section
decisions on strengthening legal
7
26/05/2023
Briefing
9(2)(a) of the Act. Some information also
protections for victims of family violence and
redacted as it is out of scope.
sexual violence
Refused under s18(d) of the Act - publicly
Proactive release - Better Outcomes for Victims:
available at: Proactive-release-Better-
8
No date
Cabinet paper
Work Programme
Outcomes-for-Victims-Work-
Programme_FINAL.pdf
Proactive release - Better Outcomes for Victims:
Refused under s18(d) of the Act - publicly
approvals for introducing legislation and a
9
11/09/2023
LEG paper
available at: Sexual-Violence-Bill-and-Govt-
Government Response to Petitions Committee
Response_FINAL.pdf
report