Outer Space and High-altitude Activities (Definition of High-altitude Vehicle) Regulations 2017

2017/251

Coat of Arms of New Zealand

Outer Space and High-altitude Activities (Definition of High-altitude Vehicle) Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 21st day of August 2017

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 88 of the Outer Space and High-altitude Activities Act 2017—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Economic Development.

Regulations

1 Title

These regulations are the Outer Space and High-altitude Activities (Definition of High-altitude Vehicle) Regulations 2017.

2 Commencement

These regulations come into force on 21 December 2017.

3 Interpretation

In these regulations, unless the context otherwise requires,—

balloon means a non-power-driven lighter-than-air aircraft.

4 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

5 Balloons that are not high-altitude vehicles

(1)

A balloon is not a high-altitude vehicle for the purpose of the Act if—

(a)

its only payload is a radiosonde, or a radiosonde and 1 or more of the following:

(i)

an ozonesonde:

(ii)

a frostpoint sonde:

(iii)

a backscatter sonde; and

(b)

the purpose of the payload is solely to measure all or any of—

(i)

pressure, temperature, and humidity:

(ii)

wind speed and direction:

(iii)

ozone concentration:

(iv)

aerosols.

(2)

A balloon is not a high-altitude vehicle for the purpose of the Act if—

(a)

it is launched for educational purposes by or under the supervision of—

(i)

a teacher at a school established under section 146 of the Education Act 1989 or a teacher at a school registered under section 35A of that Act; or

(ii)

a member of the teaching staff at an institution within the meaning of section 159 of the Education Act 1989 that is established under that Act; and

(b)

the payload (if any) carried by the balloon is—

(i)

to be used solely for the purpose of describing or illustrating the progress of the balloon; and

(ii)

of a type that is readily available to members of the public through retail sale in New Zealand.

6 Model rockets that are not high-altitude vehicles

A model rocket is not a high-altitude vehicle for the purpose of this Act if it—

(a)

is launched by a registered member of the New Zealand Rocketry Association from a launch site operated by that association; and

(b)

is a non-guided rocket using,—

(i)

for propulsion, only components of a type that are readily available to members of the public through retail sale in New Zealand; and

(ii)

only the electronic equipment that is needed for basic functionality as a rocket; and

(c)

has no payload other than either or both of the following:

(i)

a parachute or other similar recovery support system (which may include for that purpose GPS or radio frequency trackers for recovery):

(ii)

a payload that is to be used solely for the purpose of describing or illustrating the progress of the rocket and is of a type that is readily available to members of the public through retail sale in New Zealand.

Schedule 1 Transitional, savings, and related provisions

r 4

Part 1 Provisions relating to these regulations as made

There are no transitional, savings, or related provisions relating to these regulations as made.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 21 December 2017, prescribe vehicles that are not high-altitude vehicles for the purpose of the Outer Space and High-altitude Activities Act 2017. The effect of the regulations is that the prescribed vehicles do not require a licence under that Act.

Statement of reasons

The Minister for Economic Development, having consulted persons he considers likely to be substantially affected by the regulations as required by section 88(3)(a) of the Outer Space and High-altitude Activities Act 2017 (the Act) and having had regard to the purposes of the Act as required by section 88(3)(b) of the Act, considers it appropriate not to treat the vehicles specified in the regulations as high-altitude vehicles because—

  • the purposes of the Act are designed to facilitate the development of a space industry and provide for its safe operation while managing the various risks that arise from outer space and high-altitude activities; and

  • the Minister considers that the high-altitude activities that are the subject of these regulations (weather balloons that carry sondes for the sole purpose of measuring atmospheric parameters, balloons launched by teachers for purely educational purposes, and model rockets of the type launched by members of the Rocketry Association) do not pose the risks to public safety, national security, and other national interests that are intended to be managed under the Act; and

  • on that basis, the costs associated with requiring people operating these vehicles to obtain a licence cannot be justified and it is appropriate not to treat them as high-altitude vehicles for the purposes of the Act.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 14 August 2017 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 24 August 2017.

These regulations are administered by the Ministry of Business, Innovation, and Employment.