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Outer Space and High-altitude Activities Act 2017

Amendment to Privacy Act 1993

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Special rules that help when the Outer Space and High-altitude Activities Act 2017 first started"

Illustration for Outer Space and High-altitude Activities Act 2017

When the Outer Space and High-altitude Activities Act 2017 started, some special rules applied. You need to know what these rules mean. The Act has a special agreement with a company called Rocket Lab.

The Rocket Lab agreement is like a licence to launch things into space. This licence lasts for six months after the Act started. After that, Rocket Lab must apply for a new licence under the Act, following rules like those in section 8 and section 9.

Some areas are special because they were part of the Rocket Lab agreement. These areas are treated as security areas under the Act. If you launched something into space under the Rocket Lab agreement, the Act does not apply to you if certain conditions are met.

There is also a special period for ground-based space infrastructure activities. During this time, people operating this infrastructure are treated as if they have been given permission. However, some rules, like those in section 49D(1)(d) to (f) and section 49E, do not apply to them.

The special period ends after a certain time, unless the permission is revoked or the person stops operating the infrastructure. You can find more information about this in the Outer Space and High-altitude Activities Amendment Act 2025, which amended the original Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966573.

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93: Amendment to Privacy Act 1993, or

"Changing the Privacy Act to help the Ministry get police information for space and high-altitude activities"

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Schedule 2: Amendment to Search and Surveillance Act 2012, or

"Changes to the law about searching and surveillance for space and high-altitude activities"

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to Act as enacted

1Interpretation

  1. In this Part, unless the context otherwise requires,—

    6-month transition period means the period beginning on the commencement date and ending on the date that is 6 months after the commencement date

      commencement date means the date on which this Act comes into force

        Rocket Lab agreement means the agreement dated 16 September 2016 between Her Majesty the Queen in right of New Zealand acting by and through the Minister for Economic Development and Rocket Lab NZ and Rocket Lab USA

          Rocket Lab NZ means Rocket Lab Limited (company number 1835428) incorporated in New Zealand under the Companies Act 1993

            Rocket Lab USA means Rocket Lab USA, a corporation incorporated in the United States of America.

            Notes
            • Schedule 1 clause 1: amended, on , by section 25(1) of the Outer Space and High-altitude Activities Amendment Act 2025 (2025 No 38).

            2Rocket Lab agreement treated as launch licence

            1. The Rocket Lab agreement is to be treated as a launch licence issued under this Act.

            2. The launch licence referred to in subclause (1) expires,—

            3. if Rocket Lab NZ or Rocket Lab USA makes an application for a launch licence under section 8 before the expiry of the 6-month transition period, on the date on which the Minister grants or declines to grant a licence under section 9; or
              1. on the expiry of the 6-month transition period.

                3Transitional period for payloads launched under Rocket Lab agreement

                1. Nothing in this Act applies to a person who, whether before or after the expiry of the 6-month transition period, launches, or procures the launch of, a payload that is intended to reach outer space if—

                2. the Rocket Lab agreement applies to the payload; and
                  1. confirmation has been given, within 6 months after the commencement date, that no determination will be made in respect of the payload under clause 3.4 of the Rocket Lab agreement.

                    4Rocket Lab agreement treated as facility licence

                    1. The Rocket Lab agreement is to be treated as a facility licence issued under this Act.

                    2. The facility licence referred to in subclause (1) expires,—

                    3. if Rocket Lab NZ or Rocket Lab USA makes an application for a facility licence under section 39 before the expiry of the 6-month transition period, on the date on which the Minister grants or declines to grant a licence under section 40; or
                      1. on the expiry of the 6-month transition period.

                        5Segregated areas to be treated as security areas

                        1. This clause applies to any area that was, immediately before this clause came into force, a segregated area within the meaning of the Rocket Lab agreement.

                        2. On and after the date on which this clause comes into force, and until revoked by the Minister, the segregated area is to be treated as if it were a segregated area declared by the Minister under this Act.

                        6Recognition of pre-commencement actions and processes in relation to high-altitude vehicle licences

                        1. Any action or process undertaken before the commencement date by the Minister or any other person may be taken into account by the Minister in issuing a high-altitude licence on or after the commencement date if the action or process substantially complies with the provisions of the Act.

                        7Pre-commencement consultation relating to regulations

                        1. Section 88(3)(a) is satisfied in relation to any regulations if action of the kind described in that provision was taken before the commencement of section 88 for the purpose of facilitating the making of the regulations.

                        2Provisions relating to Outer Space and High-altitude Activities Amendment Act 2025

                        8Interpretation

                        1. In this Part,—

                          amendment Act means the Outer Space and High-altitude Activities Amendment Act 2025

                            transition period means the period beginning on 29 July 2025 and ending immediately before the earlier of—

                            1. the commencement date of the first regulations made under section 88 for the purposes of subpart 6A of Part 2 of this Act (which relates to ground-based space infrastructure); and
                              1. 29 July 2026.

                              Notes
                              • Schedule 1 clause 8: inserted, on , by section 25(2)(a) of the Outer Space and High-altitude Activities Amendment Act 2025 (2025 No 38).

                              9Transitional authorisation for GBSI activities

                              1. During the transition period, a person who operates ground-based space infrastructure to carry out a regulated activity must be treated as having been granted a GBSI activity authorisation for the operation of the GBSI for the activity.

                              2. However, the following do not apply to an authorisation under subclause (1):

                              3. section 49D(1)(d) to (f):
                                1. section 49E (except for section 49E(1)(c)(iii) if the revocation, variation, or suspension is on national security grounds).

                                  1. An authorisation under subclause (1) ends at the close of the transition period, unless—

                                  2. it is revoked earlier under section 49E(1)(c)(iii) on national security grounds; or
                                    1. before the close of the transition period, the person ceases to operate GBSI to carry out a regulated activity.

                                      Notes
                                      • Schedule 1 clause 9: inserted, on , by section 25(2)(a) of the Outer Space and High-altitude Activities Amendment Act 2025 (2025 No 38).

                                      10Pre-commencement consultation relating to regulations

                                      1. Paragraph (a) of section 88(3) is satisfied in relation to any regulations made under section 88(1)(5), (13A), (13B), (13C), or (24) as inserted or amended by the amendment Act if action of the kind described in that paragraph was taken before 29 July 2025 for the purpose of facilitating the making of the regulations.

                                      Notes
                                      • Schedule 1 clause 10: inserted, on , by section 25(2)(a) of the Outer Space and High-altitude Activities Amendment Act 2025 (2025 No 38).