Outer Space and High-altitude Activities Act 2017

1: Title
This Act is the Outer Space and High-altitude Activities Act 2017.
2: Commencement
This Act comes into force on 21 December 2017.
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: facilitate the development of a space industry and provide for its safe and secure operation:
b: implement certain international obligations of New Zealand relating to space activities and space technology:
c: without limiting paragraph (b), implement the obligations in the Outer Space Treaty not to—
i: place in orbit around the Earth any objects carrying nuclear weapons or weapons of mass destruction, install such weapons on celestial bodies, or station such weapons in outer space in any other manner:
ii: establish military bases, installations, or fortifications on celestial bodies:
iii: test any type of weapons or conduct manoeuvres on celestial bodies:
d: manage any potential or actual liability that may arise from the space industry:
e: establish a system for the regulation of space activities and certain high-altitude activities:
f: preserve New Zealand’s national security and national interests.
4: Interpretation
In this Act, unless the context otherwise requires,— accident aircraft section 2 chief executive Director of Civil Aviation section 72I enforcement officer section 57 facility licence subpart 5 flight level Civil Aviation Act 1990 ground station section 88(1)﻿(12)
a: a launch vehicle or payload that is licensed under this Act; or
b: a high-altitude vehicle that is licensed under this Act; or
c: a high-altitude payload that is carried by a high-altitude vehicle that is licensed under this Act high altitude
a: flight level 600; and
b: the highest upper limit of controlled airspace under the Civil Aviation Act 1990 high-altitude licence subpart 6 high-altitude payload section 88(1)﻿(13)
a: means an object that is carried or placed, or is intended to be carried or placed, at high altitude; and
b: includes components of a high-altitude vehicle that are specifically designed or adapted for the object (but does not otherwise include a high-altitude vehicle or any of its component parts); and
c: includes a load to be carried for testing purposes or otherwise on a non-profit basis high-altitude vehicle section 88(1)﻿(13) intelligence and security agency
a: the New Zealand Security Intelligence Service:
b: the Government Communications Security Bureau launch
a: means—
i: causing to take off or depart; or
ii: releasing; and
b: includes an attempted launch launch facility section 88(1)﻿(12)
a: means a facility (whether fixed or mobile) or place from which it is intended to launch a launch vehicle; and
b: includes all other facilities that are necessary to launch a launch vehicle from the facility or place launch licence subpart 1 launch vehicle section 88(1)﻿(11)
a: a vehicle, the whole or any part of which—
i: reaches, or is intended to reach, outer space; or
ii: carries or supports the launch of, or is intended to carry or support the launch of, a payload; or
b: any component part of a vehicle described in paragraph (a) Liability Convention licensee
a: in relation to a launch licence, the person who is the sole holder of the launch licence or all of the holders of the launch licence, as the case may be:
b: in relation to an overseas launch licence, the person who is the sole holder of the overseas launch licence or all of the holders of the overseas launch licence, as the case may be:
c: in relation to a facility licence, the person who is the sole holder of the facility licence or all of the holders of the facility licence, as the case may be:
d: in relation to a high-altitude licence, the person who is the sole holder of the high-altitude licence or all of the holders of the high-altitude licence, as the case may be Minister New Zealand national
a: a New Zealand citizen or permanent resident of New Zealand:
b: a body corporate established by or under the law of New Zealand Outer Space Treaty overseas launch licence subpart 3 overseas payload permit subpart 4 payload section 88(1)﻿(11)
a: means an object that is carried or placed, or is intended to be carried or placed, in outer space; and
b: includes components of a launch vehicle that are specifically designed or adapted for the object (but does not otherwise include a launch vehicle or any of its component parts); and
c: includes a load to be carried for testing purposes or otherwise on a non-profit basis payload permit subpart 2 permit holder
a: in relation to a payload permit, the person who is the sole holder of the payload permit or all of the holders of the payload permit, as the case may be:
b: in relation to an overseas payload permit, the person who is the sole holder of the overseas payload permit or all of the holders of the overseas payload permit, as the case may be Registration Convention related equipment security Ministers
a: the Minister responsible for the New Zealand Security Intelligence Service; and
b: the Minister responsible for the Government Communications Security Bureau space object section 88(1)﻿(11)
a: a launch vehicle that is launched, or is intended to be launched, into outer space; or
b: a payload that is carried or launched, or intended to be carried or launched, by a launch vehicle into outer space; or
c: the launch vehicle and the payload (if any) carried by the launch vehicle; or
d: any component part of the launch vehicle or payload, even if—
i: the part does not reach, or is not intended to reach, outer space; or
ii: the part results from the separation of a payload or payloads from a launch vehicle after launch technical data
a: means information—
i: in any form, including oral information, blueprints, drawings, photographs, video materials, plans, instructions, computer software, and documents; and
ii: that is required for the design, engineering, development, production, processing, manufacture, use, operation, overhaul, repair, maintenance, modification, enhancement, or modernisation of launch vehicles, payloads, high-altitude vehicles, high-altitude payloads, or related equipment; but
b: does not include publicly available information.
5: Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1
6: Act binds the Crown
1: Subject to subsection (2), this Act binds the Crown.
2: Except as otherwise expressly provided in this Act or any other Act, or in regulations made under this Act, nothing in this Act or in regulations made under this Act applies to the New Zealand Defence Force.
2: Licences and permits
1: Launch licences
7: Launch of launch vehicle from New Zealand requires launch licence
A person must not launch a launch vehicle from a launch facility in New Zealand, or from a vehicle in the air that was launched from New Zealand, unless the person has a launch licence for the launch of the launch vehicle from the launch facility or the vehicle (as the case may be).
8: Application for launch licence
1: A person or persons may apply to the Minister for a launch licence for the launch of 1 or more launch vehicles of a particular type from a particular launch facility or vehicle (as the case may be).
2: The application must be made in accordance with prescribed requirements.
9: When launch licence may be granted
1: The Minister may grant a launch licence only if the Minister is satisfied that—
a: the applicant is technically capable of conducting a safe launch; and
b: the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and
c: the applicant has an orbital debris mitigation plan that meets any prescribed requirements; and
d: the proposed launch or launches under the licence are consistent with New Zealand’s international obligations; and
e: the applicant and the proposed launch or launches meet any prescribed requirements.
2: The Minister may, despite being satisfied of all the matters in subsection (1), decline to grant a launch licence if the Minister is not satisfied that—
a: a proposed launch under the licence is in the national interest; or
b: the applicant is a fit and proper person to hold a launch licence ( see section 52
c: a person who is to have or is likely to have control over the exercise of the rights under the licence is a fit and proper person to have control over the exercise of rights under the licence ( see section 52
3: In considering the national interest for the purposes of subsection (2)﻿(a), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed launch:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting a launch licence, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant a launch licence if a certificate is issued under section 55
10: Conditions, indemnity, and insurance relating to launch licence
1: A licensee must—
a: provide to the Minister, in accordance with any prescribed requirements,—
i: the date, location, and intended trajectory of each proposed launch under the licence; and
ii: details of the intended and actual basic orbital parameters (including the nodal period, inclination, apogee, and perigee) of any part of a launch vehicle that reaches or is intended to reach outer space; and
iii: any prescribed information relating to each launch; and
b: comply with any request by the Minister under section 50
c: notify the Minister, in accordance with any prescribed requirements, if any of the following occurs:
i: in a case where the Minister has advised the licensee that the Minister treated a licence, permit, or other authorisation granted in a country other than New Zealand as satisfying any criteria under section 51
ii: any part of a launch vehicle that reaches outer space is no longer in earth orbit (unless the licensee does not know, and could not reasonably know, that the part is no longer in earth orbit); and
d: consult, in accordance with any prescribed requirements,—
i: the Civil Aviation Authority about aviation safety including, without limitation, the need for danger areas, restricted areas, and notices to airmen; and
ii: Airways Corporation of New Zealand Limited about aviation safety including, without limitation, any air traffic control requirements; and
iii: Maritime New Zealand about maritime safety including, without limitation, the need for exclusion zones and notices to mariners; and
iv: Land Information New Zealand about any notices to mariners that are required; and
e: obtain up-to-date meteorological information applicable to each launch; and
f: have, or be satisfied on reasonable grounds that a person has,—
i: a payload permit for each payload that is intended to be carried or launched by the launch vehicle into outer space; and
ii: if a launch facility is specified in the launch licence, a facility licence for the launch facility; and
iii: all consents, approvals, permissions, or other authorisations required under New Zealand law for the proposed launch, including, without limitation, under environmental legislation, health and safety legislation, and civil aviation legislation; and
g: conduct the launch and operations in a manner that—
i: minimises the risk of contamination of outer space or adverse changes to the earth’s environment; and
ii: takes into account the activities of others in the use of outer space; and
iii: is consistent with New Zealand’s international obligations; and
iv: complies with New Zealand law, including, without limitation, the Civil Aviation Act 1990
h: comply with any conditions prescribed by regulations relating to the launch and operation of a launch vehicle; and
i: comply with any other conditions imposed by the Minister including, without limitation, any conditions that the Minister considers necessary or desirable in order to—
i: give effect to New Zealand’s international obligations; or
ii: protect national security or other national interests; or
iii: ensure public safety; or
iv: avoid potentially harmful interference with the activities of others in the peaceful exploration and use of outer space; or
v: minimise the risk of contamination of outer space or adverse changes in the earth’s environment; or
vi: manage New Zealand’s potential liability under international law (including under the Liability Convention and the Outer Space Treaty).
2: A launch licence must also contain conditions specifying (including in any manner prescribed by regulations) the type and amount of insurance that the licensee must hold.
3: The Minister may require a licensee, as a condition of the licence, to indemnify the Crown in whole or in part against—
a: any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
b: any other claim brought against the Crown under international law in relation to an act or omission of the licensee under this Act.
11: Duration of launch licence
1: A launch licence must specify the date on which it comes into force and the expiry date.
2: The expiry date must not be later than 5 years after the date on which the launch licence comes into force.
3: A launch licence expires on the expiry date unless it is—
a: renewed in accordance with section 12
b: revoked or suspended earlier under section 14
12: Renewal of launch licence
1: The Minister may renew a launch licence for a further period of up to 5 years if the Minister continues to be satisfied of the matters in section 9
2: The Minister may impose further conditions of a kind described in section 10
13: Continuing obligations of licensee
The obligations of a licensee under a launch licence (including, without limitation, any obligations under an indemnity required under section 10(3)
14: Minister may vary, revoke, or suspend launch licence
1: The Minister may, at any time, vary a launch licence on any conditions that the Minister thinks fit, or suspend or revoke a launch licence,—
a: with the prior written consent of the licensee; or
b: on the written application of the licensee; or
c: if the Minister believes on reasonable grounds that—
i: the licensee has breached the Act, the regulations, or a condition of the licence; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
iii: a licence, permit, or other authorisation that the Minister treated as satisfying any criteria under section 51
d: for any other reason specified in the licence.
2: Before varying, suspending, or revoking a launch licence, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must suspend or revoke a licence if a certificate is issued under section 55
2: Payload permits
15: Launch of payload from New Zealand requires payload permit
1: This section applies to the launch of a payload from—
a: a launch facility in New Zealand; or
b: a launch vehicle that was launched from a launch facility in New Zealand or a vehicle in the air that was launched from New Zealand.
2: A person must not procure the launch of a payload unless the person has a payload permit for the launch of the payload and the operation of the payload in outer space.
3: A person must not launch a payload unless the person, or a person procuring the launch of the payload, has a payload permit for the launch of the payload and the operation of the payload in outer space.
4: Nothing in subsection (2) or (3) prevents a person entering into a contract for the launch of a payload or taking any other step prior to the launch provided a person has a payload permit for the launch of the payload at the time of the launch.
5: Despite subsections (2) and (3), only 1 permit is needed in respect of a payload.
16: Application for payload permit
1: A person or persons may apply to the Minister for a payload permit for the launch and operation of 1 or more payloads of a particular type.
2: The application must be made in accordance with prescribed requirements.
17: When payload permit may be granted
1: The Minister may grant a payload permit only if the Minister is satisfied that—
a: the applicant has taken, and will continue to take, all reasonable steps to safely manage the operation of the payload; and
b: the applicant has an orbital debris mitigation plan that meets any prescribed requirements; and
c: the proposed operation of the payload or payloads under the permit is consistent with New Zealand’s international obligations; and
d: the applicant and the proposed operation of the payload or payloads under the permit meet any other prescribed requirements.
2: The Minister may, despite being satisfied of all the matters in subsection (1), decline to grant a payload permit if the Minister is not satisfied that the proposed operation of a payload under the permit is in the national interest.
3: In considering the national interest for the purposes of subsection (2), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed operation:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting a payload permit, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant a payload permit if a certificate is issued under section 55
18: Conditions, indemnity, and insurance relating to payload permit
1: A permit holder must—
a: provide to the Minister, in accordance with any prescribed requirements,—
i: the date and location of each proposed launch of a payload under the permit; and
ii: details of the intended and actual basic orbital parameters (including the nodal period, inclination, apogee, and perigee) of the payload that reaches or is intended to reach outer space; and
iii: any prescribed information relating to each payload; and
b: comply with any request by the Minister under section 50
c: notify the Minister, in accordance with any prescribed requirements, if any of the following occurs:
i: in a case where the Minister has advised the permit holder that the Minister treated a licence, permit, or other authorisation granted in a country other than New Zealand as satisfying any criteria under section 51
ii: a payload under the permit that reaches outer space is no longer in earth orbit (unless the permit holder does not know, and could not reasonably know, that the payload is no longer in earth orbit); and
d: conduct operations of each payload in a manner that—
i: minimises the risk of contamination of outer space or adverse changes in the earth’s environment; and
ii: takes into account the activities of others in the use of outer space; and
iii: is consistent with New Zealand’s international obligations; and
iv: avoids harmful interference with outer space and terrestrial radiocommunications; and
e: comply with any conditions prescribed by regulations relating to a payload; and
f: comply with any other conditions that the Minister considers necessary or desirable in order to—
i: give effect to New Zealand’s international obligations; or
ii: protect national security or other national interests; or
iii: ensure public safety; or
iv: avoid potentially harmful interference with the activities of others in the peaceful exploration and use of outer space; or
v: minimise the risk of contamination of outer space or adverse changes in the earth’s environment; or
vi: manage New Zealand’s potential liability under international law (including under the Liability Convention and the Outer Space Treaty).
2: The Minister may require, as a condition of the permit, a permit holder to—
a: indemnify the Crown in whole or in part against—
i: any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
ii: any other claim brought against the Crown under international law in relation to an act or omission of the permit holder under this Act; and
b: hold insurance of a type and an amount (including a type and an amount calculated in a manner prescribed in regulations), and containing any provisions, specified by the Minister.
19: Duration of payload permit
1: A payload permit must specify—
a: the date on which it comes into force; and
b: either—
i: the date on which the payload permit expires; or
ii: that the payload permit expires on the occurrence of a particular event (rather than at a specified time).
2: A payload permit expires in the manner specified in the payload permit unless revoked or suspended earlier under section 21
20: Continuing obligations of permit holder
The obligations of a permit holder under a payload permit (including, without limitation, any obligations under an indemnity required under section 18(2)﻿(a)
21: Minister may vary, revoke, or suspend payload permit
1: The Minister may, at any time, vary a payload permit on any conditions that the Minister thinks fit, or suspend or revoke a payload permit,—
a: with the prior written consent of the permit holder; or
b: on the written application of the permit holder; or
c: if the Minister believes on reasonable grounds that—
i: the permit holder has breached the Act, the regulations, or a condition of the payload permit; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
iii: a licence, permit, or other authorisation that the Minister treated as satisfying any criteria under section 51
d: for any other reason specified in the permit.
2: Before varying, suspending, or revoking a payload permit, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must, if a certificate is issued under section 55
a: suspend or revoke the payload permit:
b: vary the payload permit to prohibit the launch of the relevant payload or payloads.
22: Radiocommunications Act 1989 presumption does not apply to payloads under payload permit
The presumption in section 114(1)
a: a payload is, or contains, a radio transmitter (as defined in section 2(1)
b: a person—
i: has a payload permit for the payload; or
ii: has applied for a payload permit under section 16 section 17
3: Licence for launch of launch vehicle overseas
23: Overseas launch of launch vehicle requires overseas launch licence
A New Zealand national must not launch a launch vehicle from a launch facility outside New Zealand, or from a vehicle in the air that was launched from outside New Zealand, unless the New Zealand national has an overseas launch licence for the launch of the launch vehicle.
24: Application for overseas launch licence
1: A person or persons may apply to the Minister for an overseas launch licence for the launch of 1 or more launch vehicles of a particular type.
2: The application must be made in accordance with prescribed requirements.
25: When overseas launch licence may be granted
1: The Minister may grant an overseas launch licence only if the Minister is satisfied that—
a: the applicant is technically capable of conducting a safe launch; and
b: the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and
c: the applicant has an orbital debris mitigation plan that meets any prescribed requirements; and
d: the proposed launch or launches under the licence are consistent with New Zealand’s international obligations; and
e: the applicant and the proposed launch or launches under the licence meet any other prescribed requirements.
2: The Minister may, despite being satisfied of all the matters in subsection (1), decline to grant an overseas launch licence if the Minister is not satisfied that—
a: a proposed launch under the licence is in the national interest; or
b: the applicant is a fit and proper person to hold a licence ( see section 52
c: a person who is to have or is likely to have control over the exercise of the rights under the licence is a fit and proper person to have control over the exercise of rights under the licence ( see section 52
3: In considering the national interest for the purposes of subsection (2)﻿(a), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed launch:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting an overseas launch licence, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant an overseas launch licence if a certificate is issued under section 55
26: Conditions, indemnity, and insurance relating to overseas launch licence
1: A licensee must—
a: provide to the Minister, in accordance with any prescribed requirements,—
i: the date, location, and intended trajectory of each proposed launch under the licence; and
ii: details of the intended and actual basic orbital parameters (including the nodal period, inclination, apogee, and perigee) of any part of a launch vehicle that reaches or is intended to reach outer space; and
iii: any prescribed information relating to each launch; and
b: comply with any request by the Minister under section 50
c: notify the Minister, in accordance with any prescribed requirements, if any of the following occurs:
i: in a case where the Minister has advised the licensee that the Minister treated a licence, permit, or other authorisation granted in a country other than New Zealand as satisfying any criteria under section 51
ii: any part of a launch vehicle that reaches outer space is no longer in earth orbit (unless the licensee does not know, and could not reasonably know, that the part is no longer in earth orbit); and
d: comply with any other conditions prescribed by regulations relating to the launch and operation of a launch vehicle; and
e: comply with any other conditions imposed by the Minister including, without limitation, any conditions that the Minister considers necessary or desirable in order to—
i: give effect to New Zealand’s international obligations; or
ii: protect national security or other national interests; or
iii: ensure public safety; or
iv: avoid potentially harmful interference with the activities of others in the peaceful exploration and use of outer space; or
v: minimise the risk of contamination of outer space or adverse changes in the earth’s environment; or
vi: manage New Zealand’s potential liability under international law (including under the Liability Convention and the Outer Space Treaty).
2: An overseas launch licence must also contain conditions specifying (including in any manner prescribed by regulations) the type and amount of insurance that the licensee must hold.
3: The Minister may require a licensee, as a condition of the licence, to indemnify the Crown in whole or in part against—
a: any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
b: any other claim brought against the Crown under international law in relation to an act or omission of the licensee under this Act.
27: Duration of overseas launch licence
1: An overseas launch licence must specify the date on which it comes into force and the expiry date.
2: The expiry date must not be later than 5 years after the date on which the overseas launch licence comes into force.
3: An overseas launch licence expires on the expiry date unless it is—
a: renewed in accordance with section 28
b: revoked or suspended earlier under section 30
28: Renewal of overseas launch licence
1: The Minister may renew an overseas launch licence for a further period of up to 5 years if the Minister continues to be satisfied of the matters in section 25(1)
2: The Minister may impose further conditions of a kind described in section 26
29: Continuing obligations of licensee
The obligations of a licensee under an overseas launch licence (including, without limitation, any obligations under an indemnity required under section 26(3)
30: Minister may vary, revoke, or suspend overseas launch licence
1: The Minister may, at any time, vary an overseas launch licence on any conditions that the Minister thinks fit, or suspend or revoke an overseas launch licence,—
a: with the prior written consent of the licensee; or
b: on the written application of the licensee; or
c: if the Minister believes on reasonable grounds that—
i: the licensee has breached the Act, the regulations, or a condition of the licence; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
iii: a licence, permit, or other authorisation granted in a country other than New Zealand that the Minister treated as satisfying any criteria under section 51
d: for any other reason specified in the licence.
2: Before varying, suspending, or revoking an overseas launch licence, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must suspend or revoke an overseas launch licence if a certificate is issued under section 55
4: Permit for launch of payload overseas
31: Overseas launch of payload requires overseas payload permit
1: This section applies to the launch of a payload from—
a: a launch facility outside New Zealand; or
b: a launch vehicle that was launched from a launch facility outside New Zealand or a vehicle in the air that was launched from outside New Zealand.
2: A New Zealand national must not procure the launch of a payload unless the New Zealand national has an overseas payload permit for the launch of the payload and the operation of the payload in outer space.
3: A New Zealand national must not launch a payload unless the New Zealand national, or a New Zealand national procuring the launch of the payload, has an overseas payload permit for the launch of the payload and the operation of the payload in outer space.
4: Nothing in subsection (2) or (3) prevents a New Zealand national entering into a contract for the launch of a payload or taking any other step prior to the launch of a payload provided a New Zealand national has a payload permit for the launch of the payload at the time of the launch.
5: Despite subsections (2) and (3), only 1 overseas payload permit is needed in respect of a payload.
32: Application for overseas payload permit
1: A person or persons may apply to the Minister for an overseas payload permit for the launch or operation of 1 or more payloads of a particular type.
2: The application must be made in accordance with prescribed requirements.
33: When overseas payload permit may be granted
1: The Minister may grant an overseas payload permit only if the Minister is satisfied that—
a: the applicant has taken, and will continue to take, all reasonable steps to safely manage the operation of the payload; and
b: the applicant has an orbital debris mitigation plan that meets any prescribed requirements; and
c: the proposed operation of the payload or payloads under the permit is consistent with New Zealand’s international obligations; and
d: the applicant and the proposed operation of the payload or payloads under the permit meet any other prescribed requirements.
2: The Minister may, despite the Minister being satisfied of all the matters in subsection (1), decline to grant an overseas payload permit if the Minister is not satisfied that the proposed operation of a payload under the permit is in the national interest.
3: In considering the national interest for the purposes of subsection (2), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed operation:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting an overseas payload permit, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant an overseas payload permit if a certificate is issued under section 55
34: Conditions, indemnity, and insurance relating to overseas payload permit
1: A permit holder must—
a: provide to the Minister, in accordance with any prescribed requirements,—
i: the date and location of each proposed operation of a payload under the permit; and
ii: details of the intended and actual basic orbital parameters (including the nodal period, inclination, apogee, and perigee) of the payload that reaches or is intended to reach outer space; and
iii: any prescribed information relating to each payload; and
b: comply with any request by the Minister under section 50
c: notify the Minister, in accordance with any prescribed requirements, if any of the following occurs:
i: in a case where the Minister has advised the permit holder that the Minister treated a licence, permit, or other authorisation granted in a country other than New Zealand as satisfying any criteria under section 51
ii: the payload is no longer in earth orbit (unless the permit holder does not know, and could not reasonably know, that the payload is no longer in earth orbit); and
d: comply with any other conditions prescribed by regulations relating to a payload; and
e: comply with any other conditions that the Minister considers necessary or desirable in order to—
i: give effect to New Zealand’s international obligations; or
ii: protect national security or other national interests; or
iii: ensure public safety; or
iv: avoid potentially harmful interference with the activities of others in the peaceful exploration and use of outer space; or
v: minimise the risk of contamination of outer space or adverse changes in the earth’s environment; or
vi: manage New Zealand’s potential liability under international law (including under the Liability Convention and the Outer Space Treaty).
2: The Minister may require a permit holder, as a condition of the permit, to—
a: indemnify the Crown in whole or in part against—
i: any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
ii: any other claim brought against the Crown under international law in relation to an act or omission of the permit holder under this Act; and
b: hold insurance of a type and an amount (including a type and an amount calculated in a manner prescribed in regulations), and containing any provisions, specified by the Minister.
35: Duration of overseas payload permit
1: An overseas payload permit must specify—
a: the date on which it comes into force; and
b: either—
i: the date on which the overseas payload permit expires; or
ii: that the overseas payload permit expires on the occurrence of a particular event (rather than at a specified time).
2: An overseas payload permit expires in the manner specified in the overseas payload permit unless revoked or suspended earlier under section 37
36: Continuing obligations of permit holder
The obligations of a permit holder under an overseas payload permit (including, without limitation, any obligations under an indemnity required under section 34(2)﻿(a)
37: Minister may vary, revoke, or suspend overseas payload permit
1: The Minister may, at any time, vary an overseas payload permit on any conditions that the Minister thinks fit, or suspend or revoke an overseas payload permit,—
a: with the prior written consent of the permit holder; or
b: on the written application of the permit holder; or
c: if the Minister believes on reasonable grounds that—
i: the permit holder has breached the Act, the regulations, or a condition of the overseas payload permit; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
iii: a licence, permit, or other authorisation granted in a country other than New Zealand that the Minister treated as satisfying any criteria under section 51
d: for any other reason specified in the permit.
2: Before varying, suspending, or revoking an overseas payload permit, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must, if a certificate is issued under section 55
a: suspend or revoke the overseas payload permit:
b: vary the overseas payload permit to prohibit the launch of the relevant payload or payloads.
5: Facility licences
38: Requirement for facility licence
A person must not operate a launch facility in New Zealand unless the person has a facility licence for the launch facility.
39: Application for facility licence
1: A person or persons may apply to the Minister for a facility licence.
2: The application must be in accordance with prescribed requirements.
40: When facility licence may be granted
1: The Minister may grant a facility licence only if the Minister is satisfied that—
a: the applicant is technically capable of operating a launch facility safely; and
b: the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and
c: the proposed operation of the launch facility is consistent with New Zealand’s international obligations; and
d: the applicant and the proposed operation of the launch facility meet any other prescribed requirements relating to the launch facility.
2: The Minister may, despite being satisfied of all the matters in subsection (1), decline to grant a facility licence if the Minister is not satisfied that—
a: the operation of the launch facility under the licence is in the national interest; or
b: the applicant is a fit and proper person to hold a licence ( see section 52
c: a person who is to have or is likely to have control over the exercise of the rights under the licence is a fit and proper person to have control over the exercise of rights under the licence ( see section 52
3: In considering the national interest for the purposes of subsection (2)﻿(a), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed operation:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting a facility licence, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant a facility licence if a certificate is issued under section 55
41: Conditions and indemnity relating to facility licence
1: A licensee must—
a: notify the Minister, in a case where the Minister has advised the licensee that the Minister treated a licence, permit, or other authorisation granted in a country other than New Zealand as satisfying any criteria under section 51
b: comply with any prescribed conditions relating to a launch facility; and
c: comply with any other conditions imposed by the Minister, including, without limitation, any conditions that the Minister considers necessary or desirable in order to—
i: give effect to New Zealand’s international obligations; or
ii: protect national security or other national interests; or
iii: ensure public safety.
2: The Minister may require a licensee, as a condition of the licence, to indemnify the Crown in whole or in part against—
a: any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
b: any other claim brought against the Crown under international law in relation to an act or omission of the licensee under this Act.
42: Duration of facility licence
1: A facility licence must specify the date on which it comes into force and the expiry date.
2: The expiry date must not be later than 5 years after the date on which the facility licence comes into force.
3: A facility licence expires on the expiry date unless it is—
a: renewed in accordance with section 43
b: revoked or suspended earlier under section 44
43: Renewal of facility licence
1: The Minister may renew a facility licence for a further period of up to 5 years if the Minister continues to be satisfied of the matters in section 40(1)
2: The Minister may impose further conditions of a kind specified in section 41
44: Minister may vary, revoke, or suspend facility licence
1: The Minister may, at any time, vary a facility licence on any conditions that the Minister thinks fit, or suspend or revoke a facility licence,—
a: with the prior written consent of the licensee; or
b: on the written application of the licensee; or
c: if the Minister believes on reasonable grounds that—
i: the licensee has breached the Act, the regulations, or a condition of the licence; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
iii: a licence, permit, or other authorisation that the Minister treated as satisfying any criteria under section 51
d: for any other reason specified in the licence.
2: Before varying, suspending, or revoking a facility licence, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must suspend or revoke a licence if a certificate is issued under section 55
6: High-altitude licences
45: Requirement for high-altitude licence
1: A person must not launch a high-altitude vehicle from New Zealand, or from a vehicle in the air that was launched from New Zealand, unless the person has a high-altitude licence for the launch.
2: A high-altitude licence is not required in respect of a particular activity described in subsection (1) if the activity is conducted under a launch licence issued under subpart 1
46: Application for high-altitude licence
1: A person or persons may apply to the Minister for a licence for 1 or more launches from New Zealand of 1 or more high-altitude vehicles.
2: The application must be made in accordance with prescribed requirements.
47: When high-altitude licence may be granted
1: The Minister may grant a high-altitude licence only if —
a: the Minister is satisfied that,—
i: in relation to each high-altitude vehicle that is proposed to be launched under the licence (other than any high-altitude vehicle that is an aircraft), the applicant is technically capable of conducting a safe launch; and
ii: in relation to each high-altitude vehicle that is proposed to be launched under the licence (other than any high-altitude vehicle that is an aircraft), the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and
iii: the proposed launch or launches under the licence are consistent with New Zealand’s international obligations; and
iv: the applicant and the proposed launch or launches meet any prescribed requirements; and
b: in relation to each high-altitude vehicle proposed to be launched under the licence that is an aircraft, the Minister—
i: has received confirmation from the Director of Civil Aviation that the aircraft or (where relevant) the operator of the aircraft has the appropriate permits, certificates, or other documents under the Civil Aviation Act 1990
ii: has taken into account any advice or information provided by the Director of Civil Aviation in relation to the safety of the operation of the aircraft at high altitude.
2: The Minister may, despite being satisfied of all the matters in subsection (1)﻿(a) and, if relevant, having received the advice in subsection (1)﻿(b), decline to grant a high-altitude licence if the Minister is not satisfied that—
a: the proposed launch of a high-altitude vehicle or high-altitude vehicles under the licence is in the national interest; or
b: the applicant is a fit and proper person to hold a high-altitude licence ( see section 52
c: a person who is to have or is likely to have control over the exercise of the rights under the licence is a fit and proper person to have control over the exercise of rights under the licence ( see section 52
3: In considering the national interest for the purposes of subsection (2)﻿(a), the Minister may have regard to—
a: economic or other benefits to New Zealand of the proposed launch:
b: any risks to national security, public safety, international relations, or other national interests:
c: the extent to which the risks can be mitigated by licence or permit conditions:
d: any other matters that the Minister considers relevant.
4: Before granting a high-altitude licence, the Minister must consult the security Ministers in accordance with section 55
5: The Minister must not grant a high-altitude licence if a certificate is issued under section 55
48: Conditions and insurance relating to high-altitude licence
1: A licensee must—
a: provide to the Minister, in accordance with any prescribed requirements,—
i: the date, nature, location, purpose, intended duration, and intended range of altitudes of each proposed launch and operation; and
ii: information about any high-altitude payload to be carried by a high-altitude vehicle under the licence (including the purpose of carrying the high-altitude payload, the intended frequencies of the high-altitude payload, and who intends to communicate with the high-altitude payload); and
iii: any prescribed information relating to each launch; and
b: comply with any request by the Minister under section 50
c: notify the Minister, in accordance with any prescribed requirements, if the high-altitude vehicle deviates from operational parameters; and
d: obtain advance approval from the Minister for any intended deviation from operational parameters; and
e: conduct the launch and operation in a manner that complies with the Civil Aviation Act 1990
f: comply with any other conditions prescribed by regulations relating to the launch and operation of a high-altitude vehicle; and
g: comply with any other conditions imposed by the Minister including, without limitation, any conditions that the Minister considers necessary or desirable in order to—
i: regulate any high-altitude payload carried by the high-altitude vehicle; or
ii: protect national security or other national interests.
2: The Minister may require a licensee, as a condition of the licence, to hold insurance of a type and an amount (including a type and an amount calculated in a manner prescribed in regulations) specified by the Minister.
49: Minister may revoke, vary, or suspend high-altitude licence
1: The Minister may, at any time, vary a high-altitude licence on any conditions that the Minister thinks fit, or suspend or revoke a high-altitude licence,—
a: with the prior written consent of the licensee; or
b: on the written application of the licensee; or
c: if the Minister believes on reasonable grounds that—
i: the licensee has breached the Act, the regulations, or a condition of the licence; or
ii: the revocation, variation, or suspension is necessary in the interests of national security, public safety, or compliance with any of New Zealand’s international obligations, or other national interests; or
d: for any other reason specified in the licence.
2: Before varying, suspending, or revoking a high-altitude licence, the Minister must consult the security Ministers in accordance with section 55
3: The Minister must, if a certificate is issued under section 55
a: suspend or revoke the licence:
b: vary the licence to prohibit the launch from New Zealand of the relevant high-altitude vehicle.
7: General provisions relating to licences and permits under this Part
50: Request for information
1: The Minister may, by written notice, ask an applicant for, or the holder of, any licence or permit to give the Minister, within the period, and in the manner, specified in the notice, any information that the Minister requires for the purposes of performing functions or exercising powers under this Act in relation to the licence or permit.
2: Where the request for information relates to the consideration by the Minister of an application for a licence or permit, the Minister may refuse to grant the licence or permit if—
a: the applicant does not provide the information requested within a reasonable time after the requirement; or
b: the Minister is unable to verify any information provided.
51: Minister may take into account authorisation granted in country other than New Zealand
1: The Minister may treat a licence, permit, or other authorisation that concerns a matter relevant to the Minister’s decision and that was granted, or is likely to be granted, to an applicant or other person in a country other than New Zealand as satisfying some or all of the criteria for granting a launch licence under section 9 section 17 section 25 section 33 section 40
2: A licence or permit granted in reliance in whole or in part on subsection (1) may come into force only after the overseas licence, permit, or other authorisation is granted.
52: Criteria for fit and proper person test
1: For the purpose of considering whether a person is a fit and proper person for any purpose under this Act, the Minister may take into account—
a: the person’s regulatory compliance history; and
b: the person’s related experience (if any) within the aviation or aerospace industry; and
c: the person’s knowledge of the applicable regulatory requirements; and
d: any history of mental health problems or serious behavioural problems; and
e: any conviction for any offence and the nature of any such offence, whether or not—
i: the conviction was in a New Zealand court; or
ii: the offence was committed before the commencement of this Act; and
f: any other information and evidence as may be relevant.
2: The Minister may, for the purposes of subsection (1),—
a: seek and receive any information (including medical reports) as the Minister thinks fit; and
b: consider information obtained from any source.
3: Subsection (1) applies to a body corporate with the following modifications:
a: subsection (1)﻿(a), (b), (c), (e), and (f) must be read as if it refers to the body corporate and its officers:
b: subsection (1)﻿(d) must be read as if it refers only to the officers of the body corporate.
53: Change of licensee or permit holder requires approval of Minister
1: A licensee or permit holder must not, without the prior approval of the Minister,—
a: transfer an interest in a licence or permit; or
b: if the licensee or permit holder is a body corporate, undergo a change of control.
2: A licensee or permit holder may apply to the Minister for approval of a transfer or change of control.
3: The application must be made in accordance with prescribed requirements.
4: When considering an application of a licensee or permit holder to undergo a change of control or to transfer an interest in a licence or permit, the Minister—
a: must consult the security Ministers in accordance with section 55
b: must take into account,—
i: in the case of a launch licence, all the matters in section 9
ii: in the case of a payload permit, all the matters in section 17
iii: in the case of an overseas launch licence, all the matters in section 25
iv: in the case of an overseas payload permit, all the matters in section 33
v: in the case of a facility licence, all the matters in section 40
vi: in the case of a high-altitude licence, all the matters in section 47
c: must be satisfied that the licensee or permit holder following the transfer or change of control is likely to be able to comply with the conditions of, and give proper effect to, the licence or permit; and
d: may ask an applicant to supply any further information or documentation in support of the application.
5: The Minister must not consent to a transfer or change of control if a certificate is issued under section 55
6: For the purposes of this section, a body corporate undergoes a change of control
a: a person obtains the power (whether directly or indirectly) to exercise, or control the exercise of, 50% or more of the voting rights in the corporate body; or
b: a person ( person A
7: In subsection (6)﻿(b), a specified person
a: a person who is acting, or will act, jointly or in concert with person A in respect of exercising, or controlling the exercise of, the voting rights of the licensee or permit holder; or
b: a person who acts, or is accustomed to acting, in accordance with the wishes of person A.
54: Minister may impose further conditions on transfer or change of control
1: The Minister may grant consent to a transfer or change of control under section 53 section 10 18 26 34 41 48
2: All conditions of the Minister’s consent are, for the purposes of this Act, to be treated as conditions of the relevant licence or permit.
3: If, as a result of the transfer of an interest in a licence or permit in accordance with section 53
4: Subsection (3) is subject to—
a: the conditions of the licence or permit; and
b: the conditions of the Minister’s consent to the transfer of the interest.
55: Minister must consult security Ministers about national security
1: The purpose of the consultation with the security Ministers required by any provision of this Act is to enable the following to be taken into account by the Minister in making the relevant decision:
a: any risks to national security of the activity or proposed activity under the relevant licence or permit; and
b: the extent to which the risks can be mitigated by licence or permit conditions.
2: The Minister must, if either the Minister or a security Minister thinks it appropriate for national security reasons, refer the application or other matter to the Prime Minister.
3: The Prime Minister may, after consultation with the responsible Ministers as he or she thinks fit and taking into account the advice of the intelligence and security agencies, issue a certificate that the activity or proposed activity poses a significant risk to national security.
4: The Prime Minister must inform the applicant or, as the case may be, the holder of the relevant licence or permit of—
a: the reasons for the decision (except to the extent that the Prime Minister considers that providing reasons would involve a disclosure of information that would be likely to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand); and
b: the review procedure available in relation to the certificate under section 56
5: A certificate issued under subsection (3) is (subject only to section 56
6: For the purposes of this section, the responsible Ministers
a: the Minister; and
b: the security Ministers; and
c: the Minister responsible for the administration of the Defence Act 1990
d: the Minister of Foreign Affairs; and
e: any other Minister that the Prime Minister thinks fit.
56: Review procedure in relation to certificate of risk to national security
1: If the Prime Minister issues a certificate under section 55 sections 158(1)﻿(e) 171
a: the Minister or a security Minister; or
b: the Prime Minister.
2: If the Inspector-General of Intelligence and Security sends a report to 1 or both security Ministers in accordance with section 185
3: For the purposes of this section, Inspector-General of Intelligence and Security section 157
3: Enforcement and other matters
1: Enforcement officers and enforcement powers
Enforcement officers
57: Appointment of enforcement officers
1: The chief executive may appoint such suitably qualified and trained enforcement officers as the chief executive thinks necessary for the purposes of this Act.
2: An enforcement officer—
a: is appointed for a term not exceeding 3 years, but may be reappointed:
b: may be removed from office by the chief executive, by written notice, for inability to perform the functions of the office, legal incapacity, neglect of duty, or misconduct, proved to the satisfaction of the chief executive:
c: may at any time resign office by written notice to the chief executive.
3: The chief executive must issue a written warrant to an enforcement officer appointed under this section.
4: An enforcement officer must, on the termination of the enforcement officer’s appointment, surrender his or her warrant to the chief executive.
5: An enforcement officer appointed under subsection (1) is not to be regarded as employed in the service of the Crown for the purposes of the Government Superannuation Fund Act 1956 Public Service Act 2020 Section 57(5) amended 7 August 2020 section 135 Public Service Act 2020
58: Enforcement officers must produce evidence of appointment
An enforcement officer appointed under section 57
59: Functions of enforcement officers
The functions of an enforcement officer are to—
a: investigate compliance with this Act, regulations made under this Act, and the conditions of licences and permits issued under this Act; and
b: take all reasonable steps to ensure that this Act, regulations made under this Act, and the conditions of licences and permits issued under this Act are complied with; and
c: promote compliance with the requirements of this Act, regulations made under this Act, and the conditions of licences and permits issued under this Act by providing information, education, and advice about those requirements. Powers of enforcement officers
60: Powers of enforcement officers
1: For the purpose of exercising any of his or her functions under section 59(a) and (b)
a: enter a launch facility or any other premises or place where any launch vehicle, payload, high-altitude vehicle, high-altitude payload, related equipment, or technical data is held and inspect the site or other premises or any other place and any launch vehicle, payload, high-altitude vehicle, high-altitude payload, related equipment, or technical data:
b: seize and detain any launch vehicle, payload, high-altitude vehicle, high-altitude payload, related equipment, or technical data:
c: require any licensee or permit holder, employee of a licensee or permit holder, or other person to produce any document within that person’s possession or control relating to a launch, payload, or high-altitude payload and make copies of that document:
d: question any licensee or permit holder, employee of a licensee or permit holder, or other person about a launch or the operation of any launch vehicle, payload, high-altitude vehicle, or high-altitude payload:
e: question any licensee or permit holder, or employee of a licensee or permit holder, about compliance with this Act, regulations made under this Act, or the conditions of any licence or permit issued under this Act:
f: test, or require testing of, at the expense of a licensee or permit holder, any launch vehicle, payload, high-altitude vehicle, high-altitude payload, or related equipment.
2: The provisions of subparts 1 4 5 6 7 9 10
61: Provisions relating to entry to dwellinghouse or marae
1: Nothing in section 60(1)﻿(a) subpart 3
2: Subject to subsection (3), subparts 1 3 4 5 7 9 10
3: Sections 118 119
62: Constable may exercise enforcement powers
For the purpose of investigating compliance with this Act, regulations made under this Act, or the conditions of licences and permits issued under this Act, a constable may exercise any of the powers of an enforcement officer under section 60(1)﻿(a) to (f) sections 60(2) 61
2: Protection of sensitive space technology
63: Segregated areas and areas set aside
1: For the purpose of the Technology Safeguards Agreement, the Minister may declare, by a sign or signs affixed at the perimeter of an area or by other appropriate notification, that the area is—
a: a segregated area; or
b: an area specially set aside exclusively for work with US launch vehicles, US spacecraft, or equipment that is related equipment in relation to those vehicles and spacecraft.
2: The Minister may declare private land to be, or to be included within, a segregated area or an area specially set aside only with the consent of the owner or occupier of the land.
3: Only the following persons may enter or remain in a segregated area or an area specially set aside:
a: if authorised by the US participants,—
i: an enforcement officer on official duties:
ii: a person wearing his or her identity card issued or recognised by the chief executive:
iii: a person accompanied by a person described in subparagraph (ii):
b: a constable, a person exercising a statutory function, or a person acting for or on behalf of fire or ambulance services.
4: Every person in a segregated area or an area specially set aside must, on the request of an enforcement officer or a person having control of the area,—
a: state his or her name and address, the purpose of his or her presence in the area, and his or her authority to enter it; and
b: produce satisfactory evidence of the correctness of his or her stated name and address.
5: An enforcement officer or a person having control of a segregated area or an area specially set aside may order a person to leave the area if the person—
a: fails or refuses to provide the enforcement officer or person having control of the area with satisfactory evidence of his or her name and address when requested under subsection (4); or
b: fails to satisfy the enforcement officer or person having control of the area that he or she is authorised to be there.
6: An enforcement officer or a constable, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any segregated area or area specially set aside any person who fails or refuses to leave the area immediately after having been ordered to do so under subsection (5).
7: Any person who refuses to comply with subsection (4) or an order under subsection (5) and, after having been warned that he or she commits an offence under section 73(1)
8: If a person is detained by an enforcement officer under subsection (7), the person must as soon as practicable be delivered to a constable.
9: In this section,— Technology Safeguards Agreement NZ representatives US launch vehicle US participants US spacecraft
64: Minister may declare debris protection area
1: The Minister may exercise the power in this section only if the Minister is satisfied that it is necessary to do so in order to comply with any international agreement relating to the protection of sensitive space technology.
2: The Minister may declare, by a sign or signs affixed at the perimeter of an area or by other appropriate notification, that the area is a debris protection area if the Minister is satisfied that it is—
a: a site where a launch termination or an accident involving a launch vehicle has occurred; or
b: a site on which there is a space object that has been involved in a launch termination or an accident involving a launch vehicle.
3: No person may, without the permission of an enforcement officer or other authorised person,—
a: take any photograph, make any sketch, plan, model, or note, or otherwise record any image of, or study, any launch vehicle, payload, component of a launch vehicle or payload, related equipment, or other debris that the person knows or ought to know is in a debris protection area; or
b: take a sample of any thing referred to in paragraph (a) from an area that the person knows or ought to know is a debris protection area.
4: Nothing in subsection (3) applies to any person who, in the exercise of a statutory function, is conducting an investigation into an accident involving a launch vehicle.
5: An enforcement officer may order a person to leave a debris protection area if the enforcement officer has reasonable grounds to believe that the person is contravening subsection (3).
6: An enforcement officer, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any debris protection area any person who fails or refuses to leave the debris protection area immediately after having been ordered to do so under subsection (5).
7: Any person who refuses to comply with an order under subsection (5) and, after having been warned that he or she commits an offence under section 75(2)
8: If a person is detained by an enforcement officer under subsection (7), the person must as soon as practicable be delivered to a constable.
3: Offences
Offences relating to licences and permits
65: Launching without launch licence or overseas launch licence
1: A person commits an offence if the person—
a: launches a launch vehicle without a launch licence contrary to section 7
b: knows or ought to know that a launch licence is required.
2: A person commits an offence if the person—
a: launches a launch vehicle without an overseas launch licence contrary to section 23
b: knows or ought to know that an overseas launch licence is required.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $250,000.
66: Launching or procuring launch of payload without payload permit or overseas payload permit
1: A person commits an offence if the person—
a: launches or procures the launch of a payload without a payload permit contrary to section 15
b: knows or ought to know that a payload permit is required.
2: A person commits an offence if the person—
a: launches or procures the launch of a payload without an overseas payload permit contrary to section 31
b: knows or ought to know that an overseas payload permit is required.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $250,000.
67: Operating launch facility without facility licence
1: A person commits an offence if the person—
a: operates a launch facility without a facility licence contrary to section 38
b: knows or ought to know that a facility licence is required.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $250,000.
68: Launching high-altitude vehicle without high-altitude licence
1: A person commits an offence if the person—
a: launches a high-altitude vehicle without a high-altitude licence contrary to section 45
b: knows or ought to know that a high-altitude licence is required.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $250,000.
69: False or misleading information in application for grant or renewal of licence or permit
1: A person commits an offence if the person, for the purposes of any application for a licence or permit, or the renewal of a licence or permit, under this Act, supplies any information that the person knows or ought to know is materially false or misleading.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000.
70: Offence to fail to comply with condition of licence or permit
1: A person commits an offence if the person, being the holder of one of the following licences or permits, knowingly or without reasonable excuse fails to comply with any condition of that licence or permit:
a: a launch licence or overseas launch licence:
b: a payload permit or overseas payload permit:
c: a facility licence.
2: A person commits an offence who, being the holder of a high-altitude licence, knowingly or without reasonable excuse fails to comply with any condition of that licence.
3: A person who commits an offence against subsection (1) or (2) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year or a fine not exceeding $50,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $250,000. Providing false or misleading information to enforcement officer
71: Providing false or misleading information to enforcement officer
1: A person commits an offence if the person—
a: fails or refuses to comply with a request or requirement made or imposed by an enforcement officer or constable under section 60
b: provides to an enforcement officer or constable information that the person knows, or ought to know, is false or misleading in any material respect.
2: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $10,000; or
b: in the case of a body corporate, to a fine not exceeding $50,000. Other offences
72: Interfering with launch vehicle or payload
1: A person commits an offence if the person, without lawful excuse,—
a: takes, removes, uses, or interferes with—
i: a launch vehicle, a payload, related equipment, or technical data; or
ii: debris of a launch vehicle, a payload, or related equipment; or
b: receives a launch vehicle, a payload, related equipment, debris, or technical data that is taken or removed contrary to paragraph (a).
2: In any prosecution for an offence against subsection (1), it is not necessary to prove that the defendant intended to commit the offence.
3: A person commits an offence if the person, with the intention of using or disposing of it for an industrial or commercial purpose, intentionally and without lawful excuse,—
a: takes, removes, uses, or interferes with—
i: a launch vehicle, a payload, related equipment, or technical data; or
ii: debris of a launch vehicle, a payload, or related equipment; or
b: receives a launch vehicle, a payload, related equipment, debris, or technical data that is taken or removed contrary to paragraph (a).
4: A person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $1,000; or
b: in the case of a body corporate, to a fine not exceeding $10,000.
5: A person who commits an offence against subsection (3) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 5 years or a fine not exceeding $100,000, or both; or
b: in the case of a body corporate, to a fine not exceeding $500,000.
73: Offences relating to segregated areas and areas set aside
1: A person commits an offence if the person, being in a segregated area or an area specially set aside under section 63
a: fails or refuses to comply with a request under section 63(4)
b: fails or refuses to leave the segregated area or an area specially set aside immediately after having been ordered to do so under section 63(5)
2: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or both.
74: Person in control of segregated area or area specially set aside to ensure identity cards displayed
1: A person in control of a segregated area or an area specially set aside under section 63
2: A person who fails to comply with subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a fine not exceeding $50,000; or
b: in the case of a body corporate, to a fine not exceeding $100,000.
75: Offences in relation to debris protection area
1: A person commits an offence if the person contravenes section 64(3)
2: A person commits an offence if the person, being in a debris protection area, fails or refuses to leave the area immediately after having been ordered to do so under section 64(5)
3: A person who commits an offence against subsection (1) or (2) is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $2,000, or both. Additional penalty for certain offences
76: Additional penalty for offences involving commercial gain or liability of the Crown under Outer Space Treaty or Liability Convention
1: This section applies to an offence against any of sections 65 to 71
2: In addition to any penalty the court may impose for an offence referred to in subsection (1), the court may, on convicting any person of the offence,—
a: order that person to pay an amount not exceeding 3 times the value of any commercial gain resulting from the commission of that offence if the court is satisfied that the offence was committed in the course of producing a commercial gain; or
b: in respect of an offence against section 65 66 67 Infringement offences
77: Failing to display identity card
1: A person commits an infringement offence if the person, being in a segregated area or an area specially set aside under section 63
2: A person who commits an offence against subsection (1) is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $2,000.
78: Providing false information to enforcement officer
1: A person commits an infringement offence who provides information to an enforcement officer that is false or misleading in any material respect.
2: In prosecuting an offence against subsection (1), it is not necessary to prove that the defendant intentionally or recklessly committed the offence.
3: A person who commits an offence against subsection (1) is liable to—
a: an infringement fee of $1,000; or
b: a fine imposed by a court not exceeding $2,000. Certain offences deemed to be included in extradition treaties
79: Offences deemed to be included in extradition treaties
1: For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15, 40, or 104 of that Act, each offence described in sections 65 66 70(1) 72(3)
2: Despite subsection (1), no person is liable to be surrendered under the Extradition Act 1999 in respect of an act or omission that amounts to an offence to which that subsection applies if that act or omission occurred before the date on which the offence was deemed by that subsection to be an offence described in the relevant extradition treaty. Provisions concerning infringement offences
80: Interpretation
In this Act,— infringement fee infringement offence section 77 78
81: Proceedings for infringement offence
1: A person who is alleged to have committed an infringement offence may either—
a: be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
b: be served with an infringement notice under section 82
2: Proceedings commenced in the way described in subsection (1)﻿(a) do not require the leave of a District Court Judge or Registrar under section 21(1)﻿(a)
82: Infringement notices
1: An enforcement officer may issue an infringement notice to a person if the enforcement officer believes on reasonable grounds that the person is committing, or has committed, an infringement offence.
2: The enforcement officer may deliver the infringement notice (or a copy of it) in person to the person alleged to have committed an infringement offence or send the notice by post addressed to that person’s last known place of residence or business.
3: An infringement notice (or a copy of it) sent by post to a person under subsection (2) is to be treated as having been served on that person when it was posted.
4: An infringement notice must be in the prescribed form and must contain the following particulars:
a: details of the alleged infringement offence that are sufficient fairly to inform a person of the time, place, and nature of the alleged offence; and
b: the amount of the infringement fee; and
c: the address of the place at which the infringement fee may be paid; and
d: the time within which the infringement fee must be paid; and
e: a summary of the provisions of section 21(10)
f: a statement that the person served with the notice has a right to request a hearing; and
g: a statement of what will happen if the person served with the notice neither pays the infringement fee nor requests a hearing; and
h: any other particulars that may be prescribed.
5: If an infringement notice has been issued under this section, the procedure under section 21
83: Payment of infringement fees
All infringement fees paid in respect of infringement offences must be paid into a Crown Bank Account.
4: General provisions
Requirement to notify Minister of intention to develop or acquire missile technology
84: Requirement to notify Minister of intention to develop or acquire missile technology
1: Any person in New Zealand who intends to develop or acquire a category 1 rocket system within the meaning of the Missile Technology Control Regime must notify the Minister.
2: In this section, the Missile Technology Control Regime Information sharing
85: Sharing of information with agencies
1: Subject to any enactment,—
a: the Minister may provide an agency referred to in subsection (2) with any information, or a copy of any document, that the Minister—
i: holds in relation to the performance or exercise of the Minister’s functions, duties, or powers under this Act; and
ii: considers may assist the agency in the performance or exercise of the regulatory agency’s functions, duties, or powers under any enactment; and
b: an agency referred to in subsection (2) may provide the Minister with any information, or a copy of any document, that it—
i: holds in relation to the performance or exercise of its functions, duties, or powers under or in relation to any enactment; and
ii: considers may assist the Minister in the performance or exercise of its functions, duties, or powers under this Act.
2: The agencies for the purpose of subsection (1) are—
a: the Civil Aviation Authority:
b: Airways Corporation of New Zealand Limited:
c: Maritime New Zealand:
d: the Transport Accident Investigation Commission:
e: the Environmental Protection Authority:
f: WorkSafe New Zealand:
g: the New Zealand Police:
h: the New Zealand Customs Service:
i: any other agency in New Zealand or outside New Zealand that holds information that relates to activities to which this Act applies.
3: If subsection (1)﻿(a) or (b) applies, the Minister or agency (as the case may be) may impose conditions that he or she or it thinks fit relating to the provision of the information or document, including conditions relating to—
a: the storage and use of, or access to, anything provided:
b: the copying, returning, or disposing of copies of any documents provided.
4: Nothing in this section limits access to information under the Privacy Act 2020
5: This section applies despite anything to the contrary in any contract, deed, or document. Section 85(4) amended 1 December 2020 section 217 Privacy Act 2020 Review of this Act
86: Review of Act
1: The Minister must, as soon as practicable after the expiry of 3 years from the commencement of this Act,—
a: commence a review of the operation and effectiveness of the Act; and
b: prepare a report on that review.
2: The Minister must present the report to the House of Representatives as soon as practicable after it has been completed. Notices
87: Giving of notices
1: A notice required or permitted by this Act to be given by any person (the sender recipient
a: delivering it to the recipient; or
b: delivering it to the recipient’s usual home or business address; or
c: posting it to the recipient’s usual home or business address; or
d: if the recipient has given the sender an email address for the purpose of receiving notices by email, emailing it to that address; or
e: any other prescribed method.
2: In relation to a notice that is required or permitted by this Act to be given to a company, section 388 Regulations
88: Regulations
1: The Governor-General may, from time to time, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: Licences and permits
1: prescribing the information to be given in, or in connection with, applications for licences and permits, which may include, without limitation, requirements for a safety case, an environmental impact assessment, and requirements for an orbital debris mitigation plan:
2: prescribing the form or manner of making applications, including, without limitation, permitting a person to make applications together for more than 1 type of licence or permit:
3: providing for the procedure to be followed in relation to any application, including prescribing the time within which any thing must be done, or providing for the granting of extensions of time for any thing to be done:
4: providing for the procedure to be followed if a person makes applications together for more than 1 type of licence or permit, including permitting the Minister to grant the applications, or grant 1 or some only of the applications, or decline to grant any of the applications:
5: prescribing conditions for licences and permits, which may, without limitation, include providing, or providing for the imposition of, requirements for—
a: safety systems or practices:
b: security, including physical and information security:
c: the reporting of accidents and incidents:
d: obtaining advice, clearance, or any other matter or authority in relation to the re-entry of space objects from outer space or for the avoidance of collisions of space objects in outer space:
e: the collection and dissemination of data obtained by remote sensing:
f: the provision of information about ground stations to be used:
6: prescribing a method or methods by which the requirements as to the type and amount of insurance to be held by a licensee or permit holder may be calculated:
7: specifying, for the purposes of section 19(1)﻿(b)﻿(ii) 35(1)﻿(b)﻿(ii)
8: prescribing information that a licensee or permit holder must give to the Minister, at any time during the period that the licence or permit is in force, including the intervals at which the information must be given, the manner in which it may, or must, be provided, and when information given must be updated or corrected:
9: prescribing technical requirements relating to the manner in which a licensee or permit holder must give information to the Minister under this Act:
10: prescribing the form of licences and permits, or the information that licences and permits must contain: Meaning of launch vehicle, payload, space object, high-altitude vehicle, and high-altitude payload
11: prescribing that any thing, or class of thing, is, or is not, a launch vehicle, payload, or space object—
a: for all purposes of this Act or for the purpose of any specified provisions of this Act; or
b: in specified circumstances:
12: prescribing that any thing, or class of thing, is, or is not, a launch facility or ground station—
a: for all purposes of this Act or for the purpose of any specified provisions of this Act; or
b: in specified circumstances:
13: prescribing that any thing, or class of thing, is, or is not, a high-altitude vehicle or high-altitude payload—
a: for all purposes of this Act or for the purpose of any specified provisions of this Act; or
b: in specified circumstances: Registration of space objects
14: prescribing the space objects that must be registered, who must register those objects, and the manner of registration:
15: providing for the keeping of the register, including processes for amending the register:
16: providing who may access the register and the fees for accessing the register: Levy, fees, and charges
17: imposing a levy on holders of licences and permits under this Act for the purpose of recovering all or part of the reasonable direct and indirect costs of administering this Act:
18: specifying the licensees and permit holders, or classes of licensees or permit holders, who are liable to pay the levy:
19: providing for the exemption from fees, in whole or in part (including, without limitation, if a person makes applications together for more than 1 type of licence or permit):
20: specifying the levy, or how the levy or rates of levy are calculated:
21: specifying when and how the levy is to be paid:
22: prescribing fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated:
23: consistent with the purposes of this Act, providing for exemptions from, or waivers or refunds of, any fee, levy, or charge payable under the regulations, in whole or in part, in any class of case: General
24: prescribing any measure consistent with the purpose of this Act that, in relation to activities or proposed activities of licensees and permit holders under this Act, is necessary or desirable to—
a: protect public safety, protect the environment, preserve national security, avoid interference with space or terrestrial telecommunications; or
b: comply with New Zealand’s international obligations:
25: prescribing technical requirements for launch facilities, launch vehicles, high-altitude vehicles, and payloads:
26: prescribing the form of infringement notices and infringement offence reminder notices:
27: prescribing the requirements for giving notices under this Act or the regulations:
28: prescribing the manner in which any thing must be done for the purposes of this Act:
29: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in Schedule 1
30: providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under this section may provide differently for different types of licence, permit, launch vehicle, payload, launch facility, high-altitude vehicle, or high-altitude payload, or on any other differential basis.
3: Before making a recommendation relating to regulations to be made under subsection (1)﻿(5), (11), (12), (13), or (24), the Minister must—
a: consult any persons (or representatives of those persons) that appear to the Minister likely to be substantially affected by any regulations made in accordance with the recommendation; and
b: have regard to the purposes of this Act.
4: If the Minister makes a recommendation relating to regulations to be made under subsection (1)﻿(11), (12), (13), or (23), the Minister’s reasons for making the recommendation (including why the regulations are appropriate) must be published together with the regulations.
5: No regulations made under subsection (1)﻿(29) may be made, or continue in force, later than 3 years after the commencement of this section.
6: Regulations made under this Act are not invalid merely because they confer any discretion on, or allow any matter to be determined or approved by, any person.
7: Regulations under this section are secondary legislation ( see Part 3 2020-12-21 Outer Space and High-altitude Activities (Licences and Permits) Regulations 2017 re section 88(5) — expires 3 years after the commencement of this section. 2020-12-21 Outer Space and High-altitude Activities (Definition of High-altitude Vehicle) Regulations 2017 re section 88(5) — expires 3 years after the commencement of this section. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 88(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
89: Incorporation by reference
1: The following, whether in written or electronic form, may be incorporated by reference in regulations made by the Governor-General:
a: any standards, requirements, or recommended practices of international organisations:
b: any standards, requirements, or rules—
i: prescribed under law by any other member State of the Committee on the Peaceful Uses of Outer Space:
ii: of the Committee on the Peaceful Uses of Outer Space:
c: any other material or document that, in the opinion of the Minister, is too large or impractical to be printed as part of the regulations.
2: Material may be incorporated by reference in regulations—
a: in whole or in part; and
b: with modifications, additions, or variations specified in the regulations.
3: A copy of any material incorporated by reference in regulations, including any amendment to, or replacement of, the material, must be—
a: certified as a correct copy of the material by the Minister; and
b: retained by the Minister.
4: Any material incorporated in regulations by reference under subsection (1) is to be treated for all purposes as forming part of the regulations, and, unless otherwise provided in the regulations, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of the regulations.
5: The Minister must give notice in the Gazette
a: that the material is incorporated in the regulations and the date on which the regulations were made; and
b: that the material is available for inspection during working hours, free of charge; and
c: the place where the material can be inspected; and
d: that copies of the material can be purchased; and
e: if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.
6: All material incorporated by reference under subsection (1) or (2) must be made available at the Ministry of Business, Innovation, and Employment for inspection by the public free of charge.
7: Subpart 1 section 114
8:
9: Subsections (1) to (7) sections 29 to 32 Section 89(7) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(8) repealed 28 October 2021 section 3 Secondary Legislation Act 2021 Section 89(9) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Amendment to Search and Surveillance Act 2012
90: Amendment to Search and Surveillance Act 2012
1: This section amends the Search and Surveillance Act 2012
2: In the Schedule Schedule 2 2017-12-21 Search and Surveillance Act 2012 Amendment to Summary Proceedings Act 1957
91: Amendment to Summary Proceedings Act 1957
1: This section amends the Summary Proceedings Act 1957
2: In section 2(1) infringement notice
jba: section 82 2017-12-21 Summary Proceedings Act 1957 Amendment to Health and Safety at Work Act 2015
92: Amendment to Health and Safety at Work Act 2015
1: This section amends the Health and Safety at Work Act 2015
2: In section 16 relevant health and safety legislation
iiia: Outer Space and High-altitude Activities Act 2017: 2017-12-21 Health and Safety at Work Act 2015 Amendment to Privacy Act 1993
93: Amendment to Privacy Act 1993
1: This section amends the Privacy Act 1993
2: In Schedule 5 Police records Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52
3: In Schedule 5 Police records Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52
4: In Schedule 5 Police records Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 2017-12-21 Privacy Act 1993