Counter-UAS Regulation

The malicious or negligent use of drones gives rise to significant risks. While the risky behaviours are subject to existing legal sanctions, the apprehension of perpetrators can be difficult.

Licensing is sometimes proposed as a means of controlling drone operations. However, licensing, even when coupled with surveillance and enforcement, does not prevent unlicensed individuals from engaging in the activity, or licensed individuals from undertaking the activity in an unsafe manner. Notwithstanding the prohibition on using a hand-held cellphone while driving, in the 2017 calendar year the New Zealand Police recorded 23,412 offences of using a hand held device for calling or texting while driving (New Zealand Police, 2018).

Drone Laws

So you've got a "drone", but what laws apply when you fly? This article summarises some of the key provisions of the Civil Aviation Rules, the Health and Safety at Work Act 2015, and the Privacy Act 1993.

Civil Aviation Rules
The Civil Aviation Rules Part 101 always applies unless you have received a specific exemption from CAA. Some of the key aspects of these rules are:

• You must have knowledge of the airspace you are flying in and the restrictions associated with that;
• You must always have permission to fly over people or property;
• You must not fly more than 400ft above ground level, or beyond unaided visual line of sight;
• If you are within 4km of an aerodrome then you must either:
  1. Hold a pilot certificate issued by an approved organisation (that’s us!) and have the agreement of the aerodrome operator (for uncontrolled aerodromes) or air traffic control (for a controlled aerodrome); or