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Outer Space and High-altitude Activities Act 2017

Licences and permits - Facility licences

40: When facility licence may be granted

You could also call this:

"When you can get a licence to run a launch facility safely in New Zealand"

Illustration for Outer Space and High-altitude Activities Act 2017

The Minister can give you a facility licence if they think you can operate a launch facility safely. They must be satisfied that you can manage risks to public safety and that your launch facility will meet New Zealand's international obligations. You must also meet any other requirements for the launch facility.

The Minister can still say no to your licence application even if you meet all the requirements. This can happen if they do not think your launch facility is in the best interest of New Zealand. They can also say no if they do not think you are a suitable person to hold a licence, or if someone who will be in control of your facility is not suitable, as explained in section 52.

When the Minister is deciding if your launch facility is in the best interest of New Zealand, they can think about things like how it will benefit the country or if it poses any risks to national security. They must talk to the security Ministers before giving you a licence, as stated in section 55. If a certain certificate is issued under section 55, the Minister cannot give you a facility licence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966480.

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39: Application for facility licence, or

"How to apply for a licence to run a space facility in New Zealand"

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41: Conditions and indemnity relating to facility licence, or

"Rules for having a space facility licence, including telling the Minister about changes and paying back the government if something goes wrong"

Part 2Licences and permits
Facility licences

40When facility licence may be granted

  1. The Minister may grant a facility licence only if the Minister is satisfied that—

  2. the applicant is technically capable of operating a launch facility safely; and
    1. the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and
      1. the proposed operation of the launch facility is consistent with New Zealand’s international obligations; and
        1. the applicant and the proposed operation of the launch facility meet any other prescribed requirements relating to the launch facility.

          1. 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—

          2. the operation of the launch facility under the licence is in the national interest; or
            1. the applicant is a fit and proper person to hold a licence (see section 52); or
              1. 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).

                1. In considering the national interest for the purposes of subsection (2)(a), the Minister may have regard to—

                2. economic or other benefits to New Zealand of the proposed operation:
                  1. any risks to national security, public safety, international relations, or other national interests:
                    1. the extent to which the risks can be mitigated by licence or permit conditions:
                      1. any other matters that the Minister considers relevant.

                        1. Before granting a facility licence, the Minister must consult the security Ministers in accordance with section 55.

                        2. The Minister must not grant a facility licence if a certificate is issued under section 55 in relation to the proposed operation of the launch facility.