Outer Space and High-altitude Activities Act 2017

40 When facility licence may be granted

(1)

The Minister may grant a facility licence only if the Minister is satisfied that—

(a)

the applicant is technically capable of operating a launch facility safely; and

(b)

the applicant has taken, and will continue to take, all reasonable steps to manage risks to public safety; and

(c)

the proposed operation of the launch facility is consistent with New Zealand’s international obligations; and

(d)

the applicant and the proposed operation of the launch facility meet any other prescribed requirements relating to the launch facility.

(2)

The Minister may, despite being satisfied of all the matters in subsection (1), decline to grant a facility licence if the Minister is not satisfied that—

(a)

the operation of the launch facility under the licence is in the national interest; or

(b)

the applicant is a fit and proper person to hold a licence (see section 52); or

(c)

a person who is to have or is likely to have control over the exercise of the rights under the licence is a fit and proper person to have control over the exercise of rights under the licence (see section 52).

(3)

In considering the national interest for the purposes of subsection (2)(a), the Minister may have regard to—

(a)

economic or other benefits to New Zealand of the proposed operation:

(b)

any risks to national security, public safety, international relations, or other national interests:

(c)

the extent to which the risks can be mitigated by licence or permit conditions:

(d)

any other matters that the Minister considers relevant.

(4)

Before granting a facility licence, the Minister must consult the security Ministers in accordance with section 55.

(5)

The Minister must not grant a facility licence if a certificate is issued under section 55 in relation to the proposed operation of the launch facility.