We have a Space Minister. Does New Zealand have a Space Law?

Do you have a celestial interest? Our new government certainly does. We now have the country’s first Space Minister in Judith Collins.

As a kid, I made paper rockets and darted them into space. Some flew beautifully but most crashed within seconds. Then things changed. Man landed on the moon and a robot is wandering on Mars. This week, Rocket Lab sent a satellite to observe how to collect space junk.

Anyone managing space?

So who manages space and are there laws that govern what you can and can’t do? Yes, the Land of the Long White Cloud does have a space law called the Outer Space and High Altitude Activities Act 2017.

I read this legislation and want to share my plain English interpretation of this Act.

What is space?

Firstly, what do we mean by space activities? The law defines this as activities that are conducted above Flight Level 600 (above 60,000 feet).

New Zealand Space Legislation

The purpose of the Act is to encourage the space industry to develop in New Zealand and to regulate space activity. However the activities must be safe and secure and also meet New Zealand’s international space obligations. This means, New Zealand has signed treaties with other countries which it needs to abide by.

Further, all such activities must preserve New Zealand’s security and national interest. But what is meant by national interest is not specifically defined.

Prohibited Activities

There are however a number of prohibited activities. You cannot carry nuclear weapons or weapons of mass destruction into orbit; not set up military bases in space and not test weapons.

Whoever launches any such vehicles into space must also ensure that they take responsibility to manage any potential liability.

Launch Licence

Have I excited you into launching a rocket? Hang fire! There are further regulations you must follow. The person requires a Launch Licence first to send any vehicle into space. The Space Minister needs to approve this licence by carefully considering a number of factors.

Is the applicant a fit and proper person? How do we know? The law looks at the person’s compliance history, experience in this field, mental health, criminal history and other relevant factors.

Do they have the technical capability to conduct this activity? How is the applicant going to manage risks to public safety? What is the applicant’s debris mitigation plan? Is the applicant fully insured?

Additionally, the launch must be consistent with New Zealand’s international obligations and national interest. This activity must also demonstrate economic and other benefits to New Zealand.

Payload

A payload is the load carried by an aircraft or spacecraft, basically the baggage and other items. In space technology, the rocket usually carries a satellite or other instruments to put into space. Companies pay millions to carry these loads, hence the word, payloads.

Apart from a Launch Licence, the law requires a separate Payload Permit. The reason is obvious. The Minister needs to know what is being carried into space.

Launch Facility

All well and good, you complied. But you need a place called the launch pad to launch the rocket from. Obviously you can’t do this on your backyard. The minister must also approve the location. So, the applicant needs to apply for a Facility Licence.

Transfer

Once an applicant successfully applies and is granted these licences, it cannot be simply given or transferred to another party. The Minister must approve any such transfer.

Penalty

There are penalties for breaching this Space Law. The applicant can be a person or a Body Corporate and penalties of imprisonment and fines apply.

The good news

Little old New Zealand is in the space game. We have a proven record of launching rockets by Rocket Labs. There is money in this game, and we have the smart people, labour force and locations to launch the rockets and payloads. Our prices are competitive.

We have the basic Space Law to work off and a dedicated Space Minister. The national interest seems to be the peaceful use of space.

And yes, we also have the opponents who will continue to throw their paper darts.

There is one remaining question: Who owns the space above your head?