88Regulations

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, permits, and authorisations

2. 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:
3. prescribing the information to be given in, or in connection with, applications for authorisations, which may include, without limitation, information about the ground-based space infrastructure proposed to be operated, who owns it, the regulated activities to be carried out, and any partners of the applicant:
4. prescribing requirements for protective security arrangements and partner due diligence arrangements, and any other requirements for the grant of an authorisation:
5. 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, permit, or authorisation:
6. 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:
7. providing for the procedure to be followed if a person makes applications together for more than 1 type of licence, permit, or authorisation, 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:
8. prescribing conditions for licences, permits, and authorisations, which may, without limitation, include providing, or providing for the imposition of, requirements for—
   1. safety systems or practices:
   2. security, including physical and information security:
   3. the reporting of accidents and incidents:
   4. 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:
   5. the collection and dissemination of data obtained by remote sensing:
   6. the provision of information about ground stations to be used:
9. 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:
10. specifying, for the purposes of section 19(1)(b)(ii) and 35(1)(b)(ii), how to determine when events of a particular kind occur:
11. 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:
12. prescribing information that an authorisation holder must give to the Minister, at any time during the period that the authorisation is in force, including,—
    1. without limitation, information relating to—
       1. the authorisation holder’s partners, including decisions not to accept a person seeking to be a partner or to end a relationship with a partner:
       2. the authorisation holder’s protective security arrangements, due diligence arrangements, and security breaches; and
    2. the intervals at which the information must be given (which may be at intervals determined by the Minister), the manner in which it may, or must, be provided, and when information given must be updated or corrected:
13. prescribing technical requirements relating to the manner in which a licensee, permit holder, or authorisation holder must give information to the Minister under this Act:
14. prescribing the form of licences, permits, and authorisations, or the information that licences, permits, and authorisations must contain:

Meaning of launch vehicle, payload, space object, high-altitude vehicle, high-altitude payload, ground-based space infrastructure, operate, and regulated activity

15. prescribing that any thing, or class of thing, is, or is not, a launch vehicle, payload, or space object—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:
16. prescribing that any thing, or class of thing, is, or is not, a launch facility or ground station—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:
17. prescribing that any thing, or class of thing, is, or is not, a high-altitude vehicle or high-altitude payload—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:
18. prescribing that any thing, or class of thing, is, or is not, ground-based space infrastructure—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:
19. prescribing, in relation to GBSI, that any act, or class of act, is, or is not, an operation of GBSI—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:
20. prescribing that any activity, or class of activity, is, or is not, a regulated activity—
    1. for all purposes of this Act or for the purpose of any specified provisions of this Act; or
    2. in specified circumstances:

Registration of space objects

21. prescribing the space objects that must be registered, who must register those objects, and the manner of registration:
22. providing for the keeping of the register, including processes for amending the register:
23. providing who may access the register and the fees for accessing the register:

Levy, fees, and charges

24. imposing a levy on holders of licences, permits, and authorisations under this Act for the purpose of recovering all or part of the reasonable direct and indirect costs of administering this Act:
25. specifying the licensees, permit holders, and authorisation holders, or classes of licensees, permit holders, or authorisation holders, who are liable to pay the levy:
26. 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, permit, or authorisation):
27. specifying the levy, or how the levy or rates of levy are calculated:
28. specifying when and how the levy is to be paid:
29. prescribing fees and charges payable in respect of any matter under this Act or the manner in which fees and charges may be calculated:
30. 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

31. prescribing any measure consistent with the purpose of this Act that, in relation to activities or proposed activities of licensees, permit holders, and authorisation holders under this Act, is necessary or desirable to—
    1. protect public safety, protect the environment, preserve national security, avoid interference with space or terrestrial telecommunications; or
    2. comply with New Zealand’s international obligations:
32. prescribing technical requirements for launch facilities, launch vehicles, high-altitude vehicles, payloads, and ground-based space infrastructure:
33. prescribing the form of infringement notices and infringement offence reminder notices:
34. prescribing the requirements for giving notices under this Act or the regulations:
35. prescribing the manner in which any thing must be done for the purposes of this Act:
36. 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:
37. providing for any matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

38. Regulations made under this section may provide differently for different types of licence, permit, authorisation, launch vehicle, payload, launch facility, high-altitude vehicle, high-altitude payload, ground-based space infrastructure, or regulated activity, or on any other differential basis.

39. Before making a recommendation relating to regulations to be made under subsection (1)(5), (11), (12), (13), (13A), (13B), (13C), or (24), the Minister must—

40. 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
41. have regard to the purposes of this Act.

42. The Minister must not make a recommendation regarding regulations to be made under subsection (1)(5) prescribing conditions relating to the operation of ground-based space infrastructure unless the Minister considers that—

43. the conditions are necessary or desirable in order to give effect to New Zealand’s international obligations; or
44. they are necessary or desirable in order to protect national security or other national interests.

45. If the Minister makes a recommendation relating to regulations to be made under subsection (1)(11), (12), (13), (13A), (13B), (13C), or (23), the Minister’s reasons for making the recommendation (including why the regulations are appropriate) must be published together with the regulations.

46. No regulations made under subsection (1)(29) may be made, or continue in force, later than 3 years after the commencement of this section.

47. 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.

48. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).