Opportunities within the space sector have become an increasing focus both in Aotearoa New Zealand and across the globe in recent years. In this article we provide an update on recent developments in New Zealand and a summary of what you can expect from New Zealand’s space policy in 2024.

Background

As we reported in 2022, Rocket Lab’s 2015 decision to launch small orbital rockets from the Māhia Peninsula led to the establishment of the New Zealand Space Agency and the Outer Space and High-altitude Activities Act 2017 (‘OSHAA’). 

Under OSHAA, licences are required for: 

• the launch of launch vehicles from New Zealand or by New Zealand nationals overseas;
• the launch of high altitude vehicles (‘HAVs’) from New Zealand; and 
• the operation of launch facilities in New Zealand.

Payload permits are also required in order to launch (or procure the launch of) a payload (e.g. a satellite) from New Zealand, or by a New Zealand national overseas.

New Zealand’s licensing and permitting regime broadly aligns with equivalent regimes overseas, and requirements for licence or permit holders reflect New Zealand’s obligations and liability under international treaties, including with respect to non-interference with space activities and orbital debris management.

A May 2022 review of OSHAA raised many issues prompting consultation papers and public feedback on New Zealand’s space policy and broader aerospace strategy. This feedback brought about the launch of the National Space Policy (‘Space Policy’) and the subsequent Aotearoa New Zealand Aerospace Strategy which were developed under the previous Labour-led government. Space remains a focus for the new National-led government in 2024, although resourcing challenges may provide an obstacle to further growth in this industry.

National Space Policy – launch and impact on businesses

Launched in May 2023, the Space Policy contains high level statements about the values and objectives the New Zealand government will take into account when enacting and implementing space-based policies and articulating New Zealand’s interests in a global stage. 

The Space Policy aims to foster an innovative and inclusive space sector by taking advantage of our national strengths, while addressing safety and national security concerns. The Space Policy’s guiding values of Stewardship, Innovation, Responsibility, and Partnership received high levels of agreement during the consultation period. 

Key objectives of the Space Policy include:

• Developing a domestic space sector which is both innovative and inclusive. The Space Policy recommends leveraging New Zealand’s unique natural advantages such as our wide launch angles and research expertise across the space value chain. Emphasis is also placed on the importance of existing and future partnerships with space agencies, international companies, innovators, investors and academic institutions. Fostering these relationships will support economic and regional development by encouraging new space start-up activity and providing access to essential infrastructure and investment. 
• Using space-based assets to protect and advance New Zealand’s national security interests. The Space Policy acknowledges that nearly all space systems and assets New Zealand relies upon are controlled from overseas, and developing domestic space capabilities will be important.
• Facilitating the safe and secure use of emerging space technologies from New Zealand, including by ensuring regulations and policies reflect New Zealand’s national security and national interests while also reflecting our international obligations. 
• Promoting the responsible use of space at an international level.
• Promoting sustainable and inclusive space activities. Collaborations with underrepresented groups in this sector (such as Māori) are encouraged, and the Government has indicated its intent to engage with mātauranga Māori (Māori knowledge).

The Space Policy also acknowledges that an increase in commercial space activity and high-value science is likely to lead to an increase in data generated by suborbital and orbital satellites and space-based technologies. The government has indicated that New Zealand aims to be an early adopter and investor in space technologies, and a user of space data to solve problems.

Aotearoa New Zealand Aerospace Strategy

In addition to creating a National Space Policy, the previous government released an Aotearoa New Zealand Aerospace Strategy (‘Aerospace Strategy’) which sets out how it will drive the growth of the country’s aerospace sector “through to 2030 and beyond” and provides guiding principles for domestic and international investment in New Zealand’s space sector.

The Aerospace Strategy aims to achieve five goals by 2030, being: 

1. Establish a sustainable air-passenger journey
2. Safely integrate autonomous aerial vehicles
3. Be at the forefront of sustainable space activities
4. Actively support exploration in space
5. Enhance decision-making using Aerospace-enabled data

The Aerospace Strategy discusses three foundational pillars that will support achievement of the 2030 goals:

1. Unlocking Aerospace Potential - creating strong economic foundations that meet the needs of the sector
2. Future-facing Government - building aligned and supportive government-led initiatives
3. Aerospace Nation - strengthening engagement in the aerospace sector and marketing to the world

The government indicated that achievement of the 2030 goals will require input from a range of stakeholders, including industry, Māori and academia, and further engagement with these groups is likely.

What’s in store for 2024?

With a focus on innovation and sustainability, the Labour-led government positioned Aotearoa New Zealand as a key player in the global space industry. The Space Policy and Aerospace Strategy are a starting point for an ongoing conversation concerning future engagements and policy creation. Back on the ground, we expect that the Government will continue to engage domestic and international stakeholders as it seeks to implement some of the actions anticipated by the Space Policy and Aerospace Strategy. 

Although last year’s space sector developments were informed by a Labour government, the recently-elected National-led coalition looks to be taking this seriously as well, as is evident through its creation of the new ‘Minister for Space’ role. This position has been allocated to Judith Collins, who noted the importance of keeping legislation and regulation up to date as the space industry grows. Other actions which National have spoken about include fast-tracking for migrants highly-skilled in the aerospace sector, and a Space Prize for the best-performing student in space-related subjects. 

The 2024 World Space Week (4-10 October) theme: ‘Space and Climate Change’ is intended to highlight the potential for space exploration to contribute to our understanding and management of Earth’s climate, providing further opportunities for New Zealand businesses to make a mark in the space industry. 

While the government’s space-related ambitions remain sky high, the Ministry of Business, Innovation and Employment (‘MBIE’) has signalled, in its briefing to the incoming Minister for Space, that resourcing constraints may provide an obstacle to further growth in this sector. The sole launch licence granted under OSHAA to date (to Rocket Lab) did not require a full technical and safety assessment from MBIE, as a recognition agreement allowed MBIE to rely on assessments already made by the equivalent regulatory body in the US. MBIE has advised that additional regulatory capability will be required in order to assess new launch licences (and complex HAV licences) from non-US applicants.

Nevertheless, we anticipate plenty of opportunities for businesses to make the leap into the New Zealand space industry. Of course, with our country’s goals to become more innovative in this sector, we expect to see more regulation in this field as the government re-evaluates whether OSHAA and related regulatory policies remain fit for purpose.

Get in touch

For assistance with navigating New Zealand’s space sector and licensing requirements, including related requirements under radiocommunications and telecommunications legislation, get in touch with our experts Hayley Miller, Campbell Featherstone, Ashleigh Ooi and Güneş Haksever.

This article was written by Melissa Tahere and Lavi Abitbol, Solicitors, and Ashleigh Ooi, Senior Associate, in our commercial, technology and privacy team.