Ready your seatbelts, passengers – legislative reform for New Zealand's civil aviation is finally airborne!

Last year, we introduced you to the Civil Aviation Bill, which has received royal assent and became Civil Aviation Act 2023 (the new ‘CA Act’). From 5 April 2025, the new CA Act will regulate drone use in New Zealand. The Act requires the Minister of Transport to certify and make new civil aviation rules by 5 April 2025 at the latest. However, the rules may come into force after this date. Drone operations are currently regulated under Part101 and Part102 of the Civil Aviation Rules.

The main purpose of the new CA Act is to ensure New Zealand has a safe and secure civil aviation system. The focus of the new CA Act is to regulate civil aviation in a way that is environmentally conscious, protects the health, safety and security of people, and promotes economic prosperity and innovation. 

Captain speaking, or is it?

Buckle up for some legal acrobatics. The Civil Aviation Act 1990 requires a ‘pilot-in-command’ (‘PIC’) to be ‘on board’ an aircraft, which includes drones. The PIC has the ultimate responsibility for the safety and control of the flight, and as there is no PIC on board a drone, there is no PIC. 

The new CA Act diverts course around this legal Bermuda Triangle by redefining PIC to include remote operators who aren't physically on board and refers to the Civil Aviation Rules to specify who is responsible for the safety and operation of the aircraft (‘Drone Operator’). 

A Drone Operator will, as a PIC, be subject to the same duties and obligations as other PICs once the new CA Act comes into force.  At a high level, Drone Operators will have to ensure the safe operation and maintenance of the drone they are responsible for and have a duty to notify relevant actors (for example, the relevant air traffic control service, or the Director of Civil Aviation) if an emergency occurs. Failure to comply with the notification requirements without reasonable excuse is an offence liable on conviction to a fine not exceeding $15,000. 

The new CA Act also requires accidents and incidents to be notified to the Civil Aviation Authority, but acknowledges the difference between the level of harm that can be caused by or to a drone and the harm caused in relation to a conventional aircraft. For an incident to be considered an accident under the new CA Act, the drone must have either caused fatal or serious injury to a person, or, the drone itself sustains significant damage or structural failure. Damage that is limited to propellers or damage resulting from hail and bird strikes is not considered damage or structural failure that reaches the threshold of an accident under the new CA Act. If the Drone Operator fails to notify the Civil Aviation Authority of an ‘accident’, they will be liable on conviction to a fine not exceeding $30,000 (for individuals) or $100,000 (in the case of any other person).

In addition to these obligations, the new CA Act also increases enforcement powers of the Police and CAA response officers (‘Enforcement Officers’), aiming to ensure safe and effective integration of these aircrafts into the civil aviation system and addressing malicious use of drones. These powers give the Enforcement Officers the ability to detain, seize and destroy a drone if they believe its operation is:

• an offence under civil aviation legislation;
• an imprisonable offence under any other Act; or
• may endanger people or property.

For an Enforcement Officer to exercise this power, they need to reasonably believe there is a risk that one of these conditions apply, and Drone Operators can request the officer’s reasoning for exercising their enforcement powers. 

Landing Thoughts

The new CA Act is a testament to New Zealand's commitment to keeping its civil aviation up to the minute. It's about to make drone regulations more robust, pushing Drone Operators to up their game. But the amount of weight these regulations end up having will depend on the Civil Aviation Rules. So, the level of duties for Drone Operators is still up in the air.

Get in touch

As implementation is still in its early stages, it is yet to be seen how the new CA Act will influence the Civil Aviation Rules. If you have any questions about how the new CA Act might impact you or your business, our specialists are available to help. Get in touch with Hayley Miller, Campbell Featherstone or Gunes Haksever.

This article was written by Gunes Haksever, a senior associate, and Lavi Abitbol, a law graduate, in our innovation and technology team.