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Outer Space and High-altitude Activities Act 2017

Enforcement and other matters - Protection of sensitive space technology

63: Segregated areas and areas set aside

You could also call this:

"Special areas for space activities: what you can and can't do in these zones"

Illustration for Outer Space and High-altitude Activities Act 2017

The Minister can mark an area as special for certain space activities. You might see a sign saying it is a segregated area or an area for working with US space vehicles. The Minister needs the owner's okay to mark private land as special.

Only certain people can enter these special areas. You can go in if you are an enforcement officer, wear a special identity card, or are with someone who has a card. Police officers, firefighters, and ambulance staff can also enter.

If you are in a special area, you might be asked to say who you are and why you are there. You will need to prove your name and address are correct. If you do not do this, you might be asked to leave the area.

If you refuse to leave, an enforcement officer or police officer can use reasonable force to remove you. You can be detained if you do not follow the rules and are warned you are breaking the law, as stated in section 73(1). Then, you will be taken to a police officer.

The Minister follows the Technology Safeguards Agreement when making these rules. This agreement is between New Zealand and the US about space launches from New Zealand. It explains what certain terms mean, like US launch vehicle and US spacecraft.

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Part 3Enforcement and other matters
Protection of sensitive space technology

63Segregated areas and areas set aside

  1. For the purpose of the Technology Safeguards Agreement, the Minister may declare, by a sign or signs affixed at the perimeter of an area or by other appropriate notification, that the area is—

  2. a segregated area; or
    1. an area specially set aside exclusively for work with US launch vehicles, US spacecraft, or equipment that is related equipment in relation to those vehicles and spacecraft.

      1. The Minister may declare private land to be, or to be included within, a segregated area or an area specially set aside only with the consent of the owner or occupier of the land.

      2. Only the following persons may enter or remain in a segregated area or an area specially set aside:

      3. if authorised by the US participants,—
        1. an enforcement officer on official duties:
          1. a person wearing his or her identity card issued or recognised by the chief executive:
            1. a person accompanied by a person described in subparagraph (ii):
            2. a constable, a person exercising a statutory function, or a person acting for or on behalf of fire or ambulance services.

              1. Every person in a segregated area or an area specially set aside must, on the request of an enforcement officer or a person having control of the area,—

              2. state his or her name and address, the purpose of his or her presence in the area, and his or her authority to enter it; and
                1. produce satisfactory evidence of the correctness of his or her stated name and address.

                  1. An enforcement officer or a person having control of a segregated area or an area specially set aside may order a person to leave the area if the person—

                  2. fails or refuses to provide the enforcement officer or person having control of the area with satisfactory evidence of his or her name and address when requested under subsection (4); or
                    1. fails to satisfy the enforcement officer or person having control of the area that he or she is authorised to be there.

                      1. An enforcement officer or a constable, and any person whom he or she calls to his or her assistance, may use such force as may be reasonably necessary to remove from any segregated area or area specially set aside any person who fails or refuses to leave the area immediately after having been ordered to do so under subsection (5).

                      2. Any person who refuses to comply with subsection (4) or an order under subsection (5) and, after having been warned that he or she commits an offence under section 73(1), persists in its commission may be detained by an enforcement officer or a constable.

                      3. If a person is detained by an enforcement officer under subsection (7), the person must as soon as practicable be delivered to a constable.

                      4. In this section,—

                        Technology Safeguards Agreement means the Agreement between the Government of New Zealand and the Government of the United States of America on Technology Safeguards Associated with United States Participation in Space Launches from New Zealand dated 16 June 2016, and includes the Arrangement between the Government of New Zealand and the Government of the United States of America dated 16 June 2016 relating to that agreement

                          NZ representatives, US launch vehicle, US participants, and US spacecraft have the meanings given to them in the Technology Safeguards Agreement.