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Outer Space and High-altitude Activities Act 2017

Licences and permits - Permit for launch of payload overseas

34: Conditions, indemnity, and insurance relating to overseas payload permit

You could also call this:

"Rules for sending things to space from overseas, including what to tell the government and how to stay safe"

Illustration for Outer Space and High-altitude Activities Act 2017

If you have a permit to send a payload overseas, you must tell the Minister certain things. You need to provide the date and location of each operation, and details about the payload's path in space. You also need to give the Minister any other information they ask for. You must comply with any requests the Minister makes under section 50. You need to notify the Minister if something changes with your payload, like if it is no longer in earth orbit.

You must also follow any other conditions the Minister sets to keep people safe, protect the environment, and meet New Zealand's international obligations. The Minister can ask you to indemnify the Crown, which means you would have to pay if someone makes a claim against the government because of something you did. The Minister can also ask you to have insurance to cover certain risks, and you must have the type and amount of insurance they specify, which may be set out in regulations, to meet New Zealand's obligations under the Liability Convention and the Outer Space Treaty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966473.

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33: When overseas payload permit may be granted, or

"When you can get a permit to send something into space from another country"

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35: Duration of overseas payload permit, or

"How long an overseas payload permit lasts"

Part 2Licences and permits
Permit for launch of payload overseas

34Conditions, indemnity, and insurance relating to overseas payload permit

  1. A permit holder must—

  2. provide to the Minister, in accordance with any prescribed requirements,—
    1. the date and location of each proposed operation of a payload under the permit; and
      1. 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
        1. any prescribed information relating to each payload; 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 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, that licence, permit, or other authorisation changes, expires, or is revoked; or
              1. 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
              2. comply with any other conditions prescribed by regulations relating to a payload; and
                1. comply with any other 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. The Minister may require a permit holder, as a condition of the permit, to—

                            3. indemnify the Crown in whole or in part against—
                              1. 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 permit holder under this Act; and
                                2. 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.