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Summary

On August 1, 2015, new rules that apply to the operation of unmanned aerial vehicles (UAVs) came into force in New Zealand. They do not distinguish between commercial and recreational operations, but rather set out standard operating requirements for any UAVs that weigh under 55 pounds, with UAVs over this weight or operations that will exceed the standard operating requirements being subject to a certification process. The standard operating requirements include restrictions on, for example, the height at which UAVs can be flown and flying UAVs near airfields. Permission must be obtained to fly in certain areas, and the consent of the relevant persons must be obtained before flying over people or private property.

The certification process requires operators to clearly identify and assess hazards and associated risks arising from the operation, and to develop procedures to mitigate these risks. The rules require that the exposition accompanying the application include certain information that allows the regulatory agency to determine whether all criteria have been met. The agency may impose additional requirements or conditions on the certificate related to ensuring the safety of the operation.

Other relevant rules with respect to flying UAVs over public land or spaces may be established by local authorities and the Department of Conservation. In addition, principles contained in the Privacy Act 1993 can apply where an operation involves filming or recording of people.

I. Introduction

New Zealand introduced new rules pertaining to unmanned aerial vehicles (UAVs) in 2015. [1] The rules, which came into effect on August 1, 2015, [2] are intended to be an interim approach to regulating unmanned aircraft and to be generally permissive in nature. The Ministry of Transport notes that “[m]ore comprehensive rules may be developed in future once the International Civil Aviation Organization (ICAO) sets standards for this technology.” [3] The rules were developed and are implemented by New Zealand’s civil aviation regulatory agency, the Civil Aviation Authority (CAA). [4]

The current rules do not distinguish between commercial and recreational operations of UAVs. [5] The focus of the regulatory approach is on managing safety risks while also enabling varied and innovative uses of UAVs. The government states that it is

committed to having a thriving and successful UAV sector in this country. UAV use in business is an innovative direction the Government is keen to support, as it will bring the commercialisation of new products and services, creating more jobs for New Zealanders. [6]

Callaghan Innovation, a government agency that seeks to “help New Zealand businesses succeed through technology,” [7] has implemented a range of initiatives aimed at supporting the development of drone technology for commercial purposes in the country. [8] In addition, “[a]ll New Zealand universities are now using UAVs as part of their research efforts.” [9] One university offers training in piloting UAVs, [10] and another administers a large UAV test range that is open to external users. [11]

Airways New Zealand, the country’s air navigation service provider, [12] has worked with the CAA, Callaghan Innovation, and UAVNZ (an industry organization) to develop “airshare,” an online “UAV hub,” where operators can find information on a range of UAV-related subjects, including regulatory matters. [13]

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II. Civil Aviation Rules for Unmanned Aircraft

The Civil Aviation Rules, which are made under the Civil Aviation Act 1990, [14] are divided into groups of related rules called “Parts.” The two Parts with rules directly related to UAVs are

  • Part 101: Gyrogliders and Parasails, Unmanned Aircraft (including Balloons), Kites, and Rockets – Operating Rules; [15] and

  • Part 102: Unmanned Aircraft Operator Certification. [16]

Part 101 was originally aimed at the regulation of traditional model aircraft. It was amended in 2015 to allow operators of small unmanned aircraft more generally to operate their aircraft without needing to seek approval from the CAA, provided they remain within the operating limits prescribed in the Part. Part 102 contains new rules applicable to unmanned aircraft operations that exceed the size and operating limits in Part 101. Such operations require certification from the CAA. [17]

The CAA has published advisory circulars that provide explanatory information and examples of how to comply with the two Parts. [18]

In addition to the specific Parts related to UAVs, other relevant Parts that may affect UAV use include Part 91: General Operating and Fight Rules and Part 71: Designation and Classification of Airspace.

Part 71 provides for the CAA to designate airspace as either controlled airspace or special use airspace. Airspace that has not been designated under this Part is referred to as uncontrolled airspace. Controlled airspace “is designated where there is a need for an air traffic control service to be provided for the safety and efficiency of aircraft operations.” [19] Special use airspace “is designated where there is a need to impose limitations on the operation of aircraft for aviation safety and security, or national security, or for any other reason in the public interest.” [20] For example, such airspace includes “restricted areas, military operating areas, mandatory broadcast zones, volcanic hazard zones, danger areas, and low flying zones.” [21]

A. Civil Aviation Rules Part 101

1. Application of Part 101 and Approval of Medium-Sized UAVs

Part 101 applies only to UAVs that weigh 25 kilograms (about 55 pounds) or less. [22]

Under the Part, UAVs weighing between 15 kilograms (33 pounds) and 25 kilograms may not be operated unless the aircraft is “constructed under the authority of, or inspected and approved by, an approved person or organization” and operated under the authority of such a person or organization. [23] The CAA has approved Model Flying New Zealand to exercise these functions. [24]

2. Requirements for Operating Part 101 Aircraft

The operating limits in Part 101 include requirements for an operator of a UAV to [25]

  • ensure that the aircraft is safe to operate;

  • take all practicable steps to minimize hazards to persons, property, and other aircraft; [26]

  • only operate the aircraft during daylight hours, unless the operation is indoors or a “shielded operation” (see below); [27]

  • ensure the aircraft remains clear of all manned aircraft both on the ground and in flight; [28]

  • maintain an unaided visual line of sight with the aircraft; [29]

  • not allow any object to be dropped in flight if this creates a hazard to other persons or property; [30]

  • not fly the aircraft higher than 120 meters (400 feet) above ground level, unless certain conditions are met; [31]

  • have knowledge of any airspace restrictions, classifications, and designations made under Part 71 for the area where the aircraft is to be operated; [32]

  • not fly the aircraft closer than four kilometers (2.5 miles) from any airfield, unless certain conditions are met, including a requirement for an operator to have a pilot qualification; [33]

  • obtain air traffic control clearance issued by Airways New Zealand before flying in controlled airspace, unless the operation is a “shielded operation” (see below); [34]

  • not fly the aircraft in special-use airspace without the permission of the administering authority of the area;[35]

  • obtain consent from anyone above whom the aircraft will be flown;[36] and

  • obtain consent from the property owner or person in charge of the area above which the aircraft will be flown.[37]

3. Shielded Operations

A “shielded operation” is defined as “an operation of an aircraft within 100 m [328 feet] of, and below the top of, a natural or man-made object.” [38] For example, this could include “a flight that takes place in a stadium below the height of the roof, or a flight that takes place in a forested area below the height of the trees.” [39]

As noted above, shielded operations of unmanned aircraft can be conducted at night. They can also be conducted within four kilometers of an airfield, without the authorization of air traffic control, provided that the shielded operation takes place “outside of the boundary of the aerodrome [airfield]” and “in airspace that is physically separated from the aerodrome by a barrier that is capable of arresting the flight of the aircraft.” [40]

4. Manufacturing and Airworthiness Requirements

In terms of specific manufacturing or airworthiness standards, the CAA’s advisory circular on Part 101 notes that

[i]nternationally, no design or manufacturing standards currently exist for remotely piloted aircraft weighing less than 25 kg. Work is underway to develop standards, but until such time as these are recognised internationally and in New Zealand, no prescribed airworthiness standards apply to Part 101 operated aircraft. [41]

However, the types of imported UAVs that can be legally possessed and operated in New Zealand may be limited in practice due to radio and frequency andpower requirements. The radio spectrum management agency states that “[r]emotely piloted aircraft systems (RPAS) must use the right radio frequencies, so they don’t cause harmful interference to vital radio systems such as air traffic control, cellular phones, or emergency services.” [42] Those who operate such aircraft using the wrong frequencies can be prosecuted under the Radiocommunications Act 1989 and the Radiocommunications Regulations 2001. [43]

B. Civil Aviation Rules Part 102

1. Application of Part 102

Part 102 applies to all unmanned aircraft that do not operate in accordance with Part 101 [44] —that is, unmanned aircraft that weigh more than 25 kilograms or unmanned aircraft of any size that will be operated outside any of the operating limits specified in that Part. Operators of such aircraft must first obtain an unmanned aircraft operator certificate (UAOC) from the CAA.

The advisory circular for Part 102 states that the Part

provides a framework for unmanned aircraft that is flexible, providing the Director [of the CAA] with the discretion to tailor fit-for-purpose safety and operational requirements to each proposed operation. Given the rapid advancements underway with unmanned aircraft technology, this approach ensures the regulatory regime can accommodate these aircraft, while addressing the risks relating to their activity. [45]

For example, under the new rules, operators using aircraft for innovative applications such as photography, precision agriculture and search and rescue are required to have their operation assessed by the CAA “to ensure the operation is safe.” [46]

2. Applying for an Operating Certificate Under Part 102

In applying for a UAOC, a person must demonstrate to the CAA that the proposed operation will be safe, and that he or she is able to mitigate and control the risk associated with the operation. [47] The CAA has developed a detailed application form as well as a compliance matrix to assist with the drafting of an exposition that sets out the operational and safety procedures for the operation and covers various other matters listed in Part 102. The CAA is able to decide to require only some of the items; a precertification meeting is held with the applicant to discuss the operation and the CAA’s likely application requirements. [48]

Part 102 requires that the exposition include information on the following items:[49]

  • The name of the person with primary responsibility for the operation

  • The name of any person who has control over any part of the operation

  • Details of the physical locations to be used in the operation

  • A hazard register that identifies “known and likely hazards to people property and other aircraft,” an assessment of risks associated with those hazards, and a “description of the measures that can be implemented to mitigate or manage the risk”

  • Procedures for reporting information to the CAA

  • Operating requirements related to the knowledge and competence of the personnel involved, such as licensing, training, or qualifications (The Advisory Circular notes that, although there are currently no recognized international standards for licensing, qualifications, and training, the relevant rule contemplates the CAA being satisfied as to the level of general aviation knowledge and specific knowledge related to unmanned aircraft handling of personnel in the context of the role each person will be performing; this may be demonstrated by different qualifications/licenses and/or the completion of certain training, as well as evidence of relevant experience. [50])

  • Details of the aircraft to be used, including any identification system used on the aircraft

  • Details of the control system to be used to pilot the aircraft

  • The aircraft maintenance program that will be implemented and measures to ensure continued airworthiness (The Advisory Circular states that these should be based on the manufacturer’s maintenance instructions. [51])

  • All inflight operational procedures that will be used, including minimum distances from persons or property

  • Procedures for cargo handling and dropping of items

  • Construction and design of the unmanned aircraft, to enable the CAA to undertake airworthiness assessments (As for Part 101, the Advisory Circular for Part 102 notes that “there are no internationally recognised design standards, configuration requirements or airworthiness certificates that apply to unmanned aircraft.” [52] The CAA undertakes airworthiness assessments on a case-by-case basis, with reference to several factors. It may also require operators to conduct flight testing or proving flights.[53])

The exposition must also state the procedures for controlling, amending, and distributing the exposition, and whether other approvals are required to conduct the proposed operation. [54]

In addition to the above information and related assessment of the application, anyone applying for an aviation document, including a UAOC, must satisfy the CAA that they are a “fit and proper person” to hold that document. Other personnel involved in an operation may also have to undergo a fit and proper person assessment. [55] The criteria applied in this assessment are set out in the Civil Aviation Act 1990. [56]

The CAA may issue a UAOC if it is satisfied that all criteria are met. In doing so, it is able to apply any conditions and requirements it considers necessary, having regard to the complexity of the operation. [57] The certificate is issued with an “operations specification” that includes certain information, including the “privileges and operations” that the operator is permitted to perform. [58] Furthermore, although Part 102 has been designed as a stand-alone rule for unmanned aircraft, an operator must comply with the requirements in Part 101, unless the certificate states otherwise. [59]

The certificate may be issued for a period of up to five years; [60]however, for first-time applicants, the term is likely to be only two years. [61]

3. Approved Operations

In September 2015, the government announced that the first certification to operate a commercial UAV had been issued under the new Part 102, being a large (nearly 100 kilogram) unmanned aircraft designed for crop spraying. The announcement noted that, before the implementation of the new Part, the operation of such an aircraft would not have been allowed due to the size of the aircraft and the intention to use chemicals. [62]

As of March 30, 2016, the CAA website listed thirty-one Part 102 UAOC holders.[63]

C. Enforcement and Penalties

The CAA is responsible for investigating breaches of the Civil Aviation Act 1990 and the Civil Aviation Rules. It can issue warnings and infringement notices under the Act and the Civil Aviation (Offences) Regulations 2006 as well as initiate prosecutions for offenses. [64] General offenses under the Act include, for example,

  • operating an aircraft in a careless manner (punishable by a fine of up to NZ$7,000 (about US$4,740) if an individual and NZ$35,000 (about US$23,700) if a company); [65]

  • operating, maintaining, or servicing an aircraft in a manner that causes unnecessary danger to any person or property (imprisonment for up to twelve months or fine of up to NZ$10,000 (about US$6,770) if an individual; fine of up to NZ$100,000 (about US$67,670) if a company); [66]or

  • as an operator or pilot, failing to notify the CAA of an accident or incident (if an individual, fine of up to NZ$10,000 plus NZ$2,000 per day if the offense is a continuing one; if a company, up to NZ$50,000 plus $10,000 per day). [67]

A holder of an aviation document (which includes UAOCs) also commits an offense if he or she “does or omits to do any act or causes or permits any act or omission, if the act or omission causes unnecessary danger to any other person or to any property.” [68] This is punishable by fines of up to NZ$10,000 and NZ$100,000 for individuals and companies respectively. In addition, a court may disqualify a person from holding an aviation document, or impose conditions on the document, for up to twelve months. [69] These offenses can also result in a court ordering a convicted person to pay up to three times the value of any commercial gain resulting from the commission of the offense, if it is satisfied that the offense was committed for the purpose of producing a commercial gain. [70]

In terms of breaches of Part 101 and Part 102 of the Civil Aviation Rules, the Civil Aviation (Offences) Regulations 1996 sets out the amounts that may be imposed as infringement fees by the CAA and as fines by courts upon conviction. [71] For example, operating a UAV above a height of 400 feet, in contravention of the relevant rule in Part 101, may be subject to infringement fees of NZ$500(individual) or NZ$3,000 (company) (about US$338 or US$2,030), or to fines of up to NZ$2,500 (individual) or NZ$15,000 (company) (about US$1,670 or US$10,150). [72] The same amounts can be imposed with respect to, for example, operating above persons or property without consent. [73]

In terms of breaches of Part 102, performing an unmanned aircraft operation other than in accordance with a UAOC, or not complying with the conditions of a UAOC, for example, are punishable by infringement fees and fines of NZ$2,000 and NZ$5,000 (individuals) (about US$1,350 and US$3,380), or NZ$12,000 and NZ$30,000 (companies) (about US$8,120 and US$20,300). [74]

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III. Rules Regarding Operating UAVs over Public Land and Spaces

The Advisory Circular for Part 101 notes that

[l]ocal authorities and the Department of Conservation (DoC) are best placed to understand the specific risks associated with RPAS-use in their territory. They are therefore best placed to engage with operators and provide the necessary consent. [75]

The Advisory Circular further notes that civil aviation rules do not trump any local government policies or bylaws regarding the use of RPAS or other policies on the use of public land. [76]

Therefore, local authorities and DoC may decide how consent to operate unmanned aircraft in public areas within their jurisdiction may be obtained—for example, whether this is on a case-by-case or general basis, or whether there is open permission for, or a blanket prohibition on, unmanned aircraft operations in certain public areas.

The “airshare” website has a page that summarizes and provides links to local authority and DoC policies regarding UAV use in public spaces throughout the country. [77]

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IV. Application of the Privacy Act 1993

The Privacy Act 1993 sets out privacy principles related to the collection, storage, security, accuracy, retention, use, and disclosure of personal information, and the ability of individuals to access and correct such information. [78] It provides a complaint mechanism for breaches of the principles, administered by the Privacy Commissioner. [79] The Act applies to “[a]lmost every person or organisation that holds personal information,” including “government departments, companies of all sizes, religious groups, schools and clubs.” [80] Those not covered include members of Parliament, courts and tribunals, and the news media (which are regulated through other mechanisms).

In 2015, the Office of the Privacy Commissioner published two blog posts that commented on potential privacy concerns arising from the use of UAVs fitted with photography, video, or other recording equipment. It noted that the Privacy Act is “technology neutral” legislation containing basic principles that allow for an assessment of the privacy implications of emerging technology. [81] The Office’s guidelines on the use of CCTV systems were said to similarly apply to drones fitted with cameras, with the main points for an operator to observe being the following:

  • being clear about why you are collecting the information

  • making sure people know you are collecting the information

  • how you intend to use the information

  • keeping the information safe and making sure only authorised people can see it

  • disposing of the information after it has served its purpose

  • right of access to the information by the individual or individuals concerned. [82]

The Office noted that other laws may also be relevant to using drones to film or record images or information about people. For example, there are provisions against making or publishing covert intimate recordings of people without their knowledge or consent, [83] and it is illegal to peer or peep into people’s homes and record any activity within. [84]

The second post related to the first complaint received by the Privacy Commissioner regarding the use of a drone to make video recordings.[85] The case concerned the use of a drone at a sports stadium to film a game and, in doing so, flying close to the apartment of the complainant. The Commissioner found that, as the drone had not been recording at the time that it was near the apartment, no information was gathered and therefore there was no violation of the Privacy Act. The ruling did note that the drone had recorded coverage of two people on the balcony of the apartment, which was subsequently broadcast, but that the operator had “indicated by hand gestures that he wanted to film them and by return hand gestures they indicated their consent to that recording.” [86]

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Prepared by Kelly Buchanan
Chief, Foreign, Comparative, and
International Law Division I
April 2016


[1] See generally Kelly Buchanan, New Zealand: New Rules on Drones Come into Effect, Global Legal Monitor (July 31, 2015), http://www.loc.gov/law/foreign-news/article/new-zealand-new-rules-on-drones-come-into-effect. UAVs are also referred to as remotely piloted aircraft systems (RPAS), unmanned aerial systems (UAS), “drones,” and model aircraft.

[2] Director of Civil Aviation, Notification of Ordinary Rules (May 7, 2015), 47 New Zealand Gazette 2706, https://gazette.govt.nz/assets/pdf-cache/2015/2015-au2706.pdf, archived at https://perma.cc/4LX8-GAPT.

[3] Unmanned Aerial Vehicles (or Drones), Ministry of Transport, http://www.transport.govt.nz/air/unmanned-aerial-vehicles-or-drones(last updated July 29, 2015), archived at https://perma.cc/3UAE-9NAA.

[4] The CAA was established and is governed by part 6A of the Civil Aviation Act 1990, http://www.legislation. govt.nz/act/public/1990/0098/latest/whole.html, archived at https://perma.cc/X8G2-CPZN. The Act provides certain powers to the Director of theCAA. In this report, references to the Director have been changed to the CAA for the purpose of clarity.

[5] Unmanned Aerial Vehicles (or Drones), supra note 3.

[6] Id.

[7] About Us, Callaghan Innovation, http://www.callaghaninnovation.govt.nz/about-us (last updated Oct. 13, 2015), archived at https://perma.cc/98BY-TLAT.

[8] See generally search results for “UAV,” Callaghan Innovation, http://www.callaghaninnovation.govt.nz/ search/node/UAV (last searched Mar.30, 2016), archived at https://perma.cc/5JZD-K5Z9.

[9] Unmanned Aerial Vehicles (or Drones), supra note 3.

[10] Massey University School of Aviation RPAS Course, Massey University, http://www.massey.ac.nz/massey/ learning/colleges/college-business/school-of-aviation/study/rpas-course.cfm (last updated Dec. 18, 2015), archived at https://perma.cc/YA86-RZRK.

[11] Unmanned Aerial Vehicle Technology , University of Canterbury, Special Engineering Research Centre, http://www.serc.canterbury.ac.nz/research/unmanned.shtml (last visited Mar.11, 2016), archived at https://perma. cc/AX94-793W.

[12] Airways Corporation of New Zealand is a state-owned enterprise established in 1987 under the State-Owned Enterprises Act 1986. See generally Ministry of Justice, Directory of Official Information: Airways Corporation of New Zealand (Dec. 2013),http://www.justice.govt.nz/publications/global-publications/d/ directory-of-official-information-2013/alphabetical-list-of-entries/a/airways-corporation-of-new-zealand, archived at https://perma.cc/RU7W-T87H; Airways Corporation of New Zealand Ltd, TheTreasury, http://www.treasury. govt.nz/statesector/commercial/portfolio/bytype/soes/airways-corporation-new-zealand (last visited Mar. 15, 2016), archived at https://perma.cc/A5TF-ECXB.

[13] About Us , airshare, https://www.airshare.co.nz/about-us (last visited Mar. 11, 2016), archived at https://perma. cc/ZZZ8-DZ9N.

[14] Civil Aviation Act 1990, pt 3.

[15] Civil Aviation Rules, Part 101: Gyrogliders and Parasails, Unmanned Aircraft (including Balloons), Kites, and Rockets – Operating Rules (CAAConsolidation, Sept. 24, 2015), https://www.caa.govt.nz/rules/Rule_ Consolidations/Part_101_Consolidation.pdf, archived at https://perma.cc/GVE7-TGLC. Subpart E contains specific provisions related tounmanned aircraft.

[16] Civil Aviation Rules, Part 102: Unmanned Aircraft Operator Certification (CAA Consolidation, Sept. 24, 2015), https://www.caa.govt.nz/rules/Rule_Consolidations/Part_102_Consolidation.pdf, archived at https://perma.cc/ AE5G-6BUX.

[17] See generally , RPAS, UAV, UAS, Drones and Model Aircraft, Civil Aviation Authority (CAA),https://www. caa.govt.nz/rpas/index.html (last visited Mar. 11, 2016), archived at https://perma.cc/32JR-RRQ7; Ministry of Transport, UAV Regulation and Testing in New Zealand, http://www.transport.govt.nz/assets/Uploads/Our-Work/Documents/NZ-UAV-Rules.pdf(last visited Mar. 11, 2016), archived at https://perma.cc/SQ5N-CD4Y.

[18] CAA, Advisory Circular AC101-1: Remotely Piloted Aircraft Systems (RPAS) Under 25 Kilograms – Operating in Compliance with Part 101 Rules (rev. 1, Sept. 24, 2015), https://www.caa.govt.nz/Advisory_Circulars/AC101-1.pdf, archived at https://perma.cc/FK55-UYQ2; CAA, Advisory Circular AC102-1: Unmanned Aircraft – Operator Certification (rev. 0, July 27, 2015),https://www.caa.govt.nz/Advisory_Circulars/AC102-1.pdf, archived at https://perma.cc/UU99-YWWX.

[19] Civil Aviation Rules, Part 71: Designation and Classification of Airspace (CAA Consolidation, Oct. 23, 2008), at 2, https://www.caa.govt.nz/rules/Rule_Consolidations/Part_071_Consolidation.pdf, archived at https://perma.cc/ CNR8-DKFY.

[20] Id.

[21] Id.

[22] Part 101 uses the term “remotely piloted aircraft,” which is defined as a subset of unmanned aircraft, being “an unmanned aircraft that is pilotedfrom a remote station and – (1) includes a radio controlled model aircraft, but (2) does not include a control line model aircraft or a free flightmodel aircraft.” Civil Aviation Rules, Part 101, r 101.3.

[23] Civil Aviation Rules, Part 101, rr 101.202 & 101.215(b).

[24] Advisory Circular AC101-1, supra note 18, at 5 & 10.

[25] See generally id. at 6; Unmanned Aerial Vehicles (or Drones), supra note 3.

[26] Civil Aviation Rules, Part 101, r 101.13.

[27] Id. rr 101.3 (definition of “shielded operation”) & 101.211.

[28] Id. r 101.213.

[29] Id. r 101.209.

[30] Id. r 101.15.

[31] Id. r 101.207(a)(3) & (c).

[32] Id. r 101.12.

[33] Id. r 101.205.

[34] Id. r 101.11.

[35] Id. r 101.7.

[36] Id. r 101.207(a)(1)(i).

[37] Id. r 101.207(a)(1)(ii).

[38] Id. r 101.3.

[39] Advisory Circular AC101-1, supra note 18, at 11.

[40] Civil Aviation Rules, Part 101, 101.205(c).

[41] Advisory Circular AC101-1, supra note 18, at 7.

[42] Remotely Piloted Aircraft Systems/Drones, Radio Spectrum Management, http://www.rsm.govt.nz/consumers/ remotely-piloted-aircraft-systems-drones (last updated Nov. 3, 2015), archived at https://perma.cc/MVK8-3VPM.

[44] Part 102 uses the terms “unmanned aircraft” (defined as “an aircraft designed to operate with no pilot on board, including unmanned balloons,kites, control-line model aircraft, free flight model aircraft and remotely piloted aircraft”) and “unmanned aircraft system” (defined as “anaircraft and its associated elements which are operated with no pilot on board”).

[45] Advisory Circular AC102-1, supra note 18, at 4 & 26.

[46] UAV Regulation and Testing in New Zealand, supra note 17.

[47] Civil Aviation Rules, Part 102, r 102.1; Advisory Circular AC102-1, supra note 18, at 13.

[48] Advisory Circular AC102-1, supra note 18, at 14.

[49] Civil Aviation Rules, Part 102, r 102.11.

[50] Advisory Circular AC102-1, supra note 18, at 16.

[51] Id. at 19.

[52] Id. at 21.

[53] Id. at 22.

[54] Civil Aviation Rules, Part 102, r 102.11(b)(13) & (14).

[55] Advisory Circular AC102-1, supra note 18, at 22.

[56] Civil Aviation Act 1990, s 10.

[57] Civil Aviation Rules, Part 102, r 102.13; Advisory Circular AC102-1, supra note 18, at 24–25.

[58] Civil Aviation Rules, Part 102, r 102.15.

[59] Civil Aviation Rules, Part 102, r 102.21; Advisory Circular AC102-1, supra note 18, at 4 & 26.

[60] Civil Aviation Rules, Part 102, r 102.19.

[61] Advisory Circular AC102-1, supra note 18, at 25.

[62] Press Release, Simon Bridges & Craig Foss, First Certificate Issued Under New UAV Rules (Sept. 3, 2015), https://www.beehive.govt.nz/release/first-certificate-issued-under-new-uav-rules, archived at https://perma.cc/ B9A6-M4XP.

[63] Part 102 Unmanned Aircraft Operator Certificate Holders, CAA, https://www.caa.govt.nz/Script/AvDocClient List.asp?Details_ID=8390 (last visited Mar. 30, 2016), archived at https://perma.cc/6U45-728P.

[64] Civil Aviation (Offences) Regulations 2006, http://www.legislation.govt.nz/regulation/public/2006/0168/latest/ whole.html, archived at https://perma.cc/F76Z-2VET. See generally CAA, Regulatory Enforcement Policy (Nov. 21, 2013), https://www.caa.govt.nz/Policy_ops/ Regulatory_Enforcement_Policy.pdf, archived at https://perma.cc/ KV9W-RTYH.

[65] Civil Aviation Act 1990, s 43A.

[66] Id. s 44.

[67] Id. ss 26 & 52B.

[68] Id. s 43.

[69] Id. s 45.

[70] Id. s 47.

[71] Civil Aviation (Offences) Regulations 1996, sch 1 (scroll to Part 101 or Part 102).

[72] Id. sch 1 (entry for Rule 101.207(a)(3)).

[73] Id. sch 1 (entries for Rules 101.207(a)(i) & (ii)).

[74] Id. sch 1 (entries for Rules 102.7 & 102.17).

[75] Advisory Circular AC102-1, supra note 18, at 13.

[76] Id.

[77] Property Owner Consent Information , airshare, https://www.airshare.co.nz/property-owner-consent-information (lastvisited Mar. 11, 2016), archived at https://perma.cc/V9KB-WPP9.

[79] Privacy Act 1993, pts 3 & 8.

[80] Introduction, supra note 78.

[81] Charles Mabbett, Game of Drones, Privacy Commissioner (Jan. 21, 2015),https://www.privacy.org.nz/blog/ drones, archived at https://perma.cc/H9CW-KMZM.

[82] Id.See also Privacy Commissioner, Privacy and CCTV: A Guide to the Privacy Act for Businesses, Agencies and Organisations (2009), https://www.privacy.org.nz/assets/Files/Brochures-and-pamphlets-and-pubs/Privacy-and-CCTV-A-guide-October-2009.pdf, archived at https://perma.cc/9BQK-LX98.

[85] Droning on Drones , Privacy Commissioner (July 6, 2015),https://www.privacy.org.nz/blog/droning-on-drones, archived at https://perma.cc/K5GH-MVEM.

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Last Updated: 07/22/2016