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Outer Space and High-altitude Activities Act 2017

Licences and permits - Launch licences

10: Conditions, indemnity, and insurance relating to launch licence

You could also call this:

"Rules for having a launch licence: what you must do and insure"

Illustration for Outer Space and High-altitude Activities Act 2017

If you have a launch licence, you must do certain things. You must tell the Minister about your launch plans, including when and where it will happen. You must also give the Minister details about the launch vehicle and its path. You need to follow any requests the Minister makes under section 50.

You must notify the Minister if anything changes with your launch plans or if the launch vehicle is no longer in earth orbit. You need to talk to certain organisations, like the Civil Aviation Authority and Maritime New Zealand, about safety.

You must get the right permits and follow New Zealand laws, including the Civil Aviation Act 2023. You have to launch and operate your vehicle in a way that minimises harm to the environment and follows international rules.

Your launch licence will have conditions that say what type of insurance you need to have. The Minister can also ask you to indemnify the Crown, which means you would have to pay if the Crown is sued because of something you did. This could happen if someone makes a claim under the Liability Convention or the Outer Space Treaty, or under international law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966446.

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"When you can get a licence to launch something into space"

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11: Duration of launch licence, or

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Part 2Licences and permits
Launch licences

10Conditions, indemnity, and insurance relating to launch licence

  1. A licensee must—

  2. provide to the Minister, in accordance with any prescribed requirements,—
    1. the date, location, and intended trajectory of each proposed launch under the licence; and
      1. 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
        1. any prescribed information relating to each launch; and
        2. comply with any request by the Minister under section 50; and
          1. notify the Minister, in accordance with any prescribed requirements, if any of the following occurs:
            1. 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, that licence, permit, or other authorisation changes, expires, or is revoked; or
              1. 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
              2. consult, in accordance with any prescribed requirements,—
                1. the Civil Aviation Authority about aviation safety including, without limitation, the need for danger areas, restricted areas, and notices to airmen; and
                  1. Airways Corporation of New Zealand Limited about aviation safety including, without limitation, any air traffic control requirements; and
                    1. Maritime New Zealand about maritime safety including, without limitation, the need for exclusion zones and notices to mariners; and
                      1. Land Information New Zealand about any notices to mariners that are required; and
                      2. obtain up-to-date meteorological information applicable to each launch; and
                        1. have, or be satisfied on reasonable grounds that a person has,—
                          1. a payload permit for each payload that is intended to be carried or launched by the launch vehicle into outer space; and
                            1. if a launch facility is specified in the launch licence, a facility licence for the launch facility; and
                              1. 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
                              2. conduct the launch and operations in a manner that—
                                1. minimises the risk of contamination of outer space or adverse changes to the earth’s environment; and
                                  1. takes into account the activities of others in the use of outer space; and
                                    1. is consistent with New Zealand’s international obligations; and
                                      1. complies with New Zealand law, including, without limitation, the Civil Aviation Act 2023, any regulations and rules made under that Act, and all health and safety and environmental legislation; and
                                      2. comply with any conditions prescribed by regulations relating to the launch and operation of a launch vehicle; and
                                        1. comply with any other conditions imposed by the Minister including, without limitation, any conditions that the Minister considers necessary or desirable in order to—
                                          1. give effect to New Zealand’s international obligations; or
                                            1. protect national security or other national interests; or
                                              1. ensure public safety; or
                                                1. avoid potentially harmful interference with the activities of others in the peaceful exploration and use of outer space; or
                                                  1. minimise the risk of contamination of outer space or adverse changes in the earth’s environment; or
                                                    1. 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—

                                                    4. any claim brought against the Crown under the Liability Convention or the Outer Space Treaty; or
                                                      1. any other claim brought against the Crown under international law in relation to an act or omission of the licensee under this Act.

                                                        Notes
                                                        • Section 10(1)(g)(iv): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).