47When high-altitude licence may be granted

1. The Minister may grant a high-altitude licence only if —

2. the Minister is satisfied that,—
   1. 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
   2. 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
   3. the proposed launch or launches under the licence are consistent with New Zealand’s international obligations; and
   4. the applicant and the proposed launch or launches meet any prescribed requirements; and
3. in relation to each high-altitude vehicle proposed to be launched under the licence that is an aircraft, the Minister—
   1. 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 2023 (if any) or, in the case of a foreign aircraft, that the aircraft is recognised under New Zealand law; and
   2. 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.

4. 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—

5. the proposed launch of a high-altitude vehicle or high-altitude vehicles under the licence is in the national interest; or
6. the applicant is a fit and proper person to hold a high-altitude licence (see section 52); or
7. 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).

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

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

13. Before granting a high-altitude licence, the Minister must consult the security Ministers in accordance with section 55.

14. The Minister must not grant a high-altitude licence if a certificate is issued under section 55 in relation to a proposed launch or launches under the licence.