Know the rules
It’s important to know the rules before you fly your drone. It’s an aircraft, so can be a hazard to people, property and other aircraft. Understanding the rules will help you to keep yourself, your drone and other aircraft safe when operating your drone.
When flying uncrewed aircraft in New Zealand, you need to comply with the Civil Aviation Part 101 rules as required by New Zealand law. If you are a drone operator with a Part 102 uncrewed aircraft operator certificate, you can be exempt from the Part 101 rules and legally fly. Learn about Part 102 certification here.
Following these rules can also help you avoid fines or prosecution. Please be aware that there are many nuances!
What are the Civil Aviation Part 101 rules?
The Civil Aviation Part 101 rules, as set out in Civil Aviation Act 1990, are for non-certificated uncrewed aircraft operators, i.e. the vast majority of drone pilots. Below is a simplified outline of the key rules under Part 101.
To understand the rules around flying near an aerodrome, visit this page.
For a full understanding of the rules and their nuances, visit the Civil Aviation Authority website.
Under Part 101, you must:
Not operate an aircraft that is 25kg or larger, and always ensure that it is safe to operate
At all times take all practicable steps to minimise hazards to persons, property and other aircraft (i.e. don’t do anything hazardous)
Fly only in daylight (unless shielded) and when visibility is good. Keep your drone in direct sight at all times
Give way to all crewed aircraft
Be able to see the aircraft with your own eyes (e.g. not through binoculars, a monitor, VR headset or smartphone) to ensure separation from other aircraft (or use an observer to do this in certain cases)
Not fly your aircraft higher than 120 metres (400 feet) above ground level (unless certain conditions are met)
Have knowledge of airspace restrictions that apply in the area you want to operate
Not fly closer than 4km from any aerodrome (unless you can meet special requirements)
When flying in controlled airspace, obtain an air traffic control authorisation issued by Airways New Zealand (via the AirShare app)
Not fly in special use airspace without the permission of the controlling authority of the area (e.g. military operating areas or restricted areas)
Have consent from anyone you want to fly above
Have the consent of the property owner or person in charge of the area you are wanting to fly above
Exemptions for Part 102 operators
Drone operators with a Part 102 uncrewed aircraft operator certificate can be exempt from the Civil Aviation Part 101 rules, and legally fly.
Rule #1
to fly my drone in the sky?
Rule #1
Rule #2
over people and buildings?
Rule #2
Rule #3
like farms or houses?
Rule #3
Rule #4
and in what kind of conditions?
Rule #4
Fly only in daylight (unless shielded) and when visibility is good – stay clear of fog and cloud. First person view (FPV) flights must have an observer - i.e. those using a device to fly their drone.
Rule #5
to an aerodrome or airport?
Rule #5
This includes helipads at hospitals and those used by sightseeing aircraft. Be aware that controlled airspace around airports extends well beyond the 4km limit – you must have authorisation from air traffic control to operate in any controlled airspace. Don’t fly in special use airspace, such as Low Flying Zones, Restricted or Military Operating Areas without approval from the administering authority.
Rule #6
to an aircraft in the sky?
Fly no higher than 120m (400ft) above the ground
Unless special conditions are met. This reduces the risk of your drone being a hazard to other aircraft.
Stay a safe and considerate distance away from people and buildings
Don’t fly directly over people, unless they say it’s OK.
Don’t fly over private land, such as farms or houses, unless the owner says it’s OK
Check with the local council or the Department of Conservation before flying in public areas such as parks, beaches and reserves.
Keep your drone in direct sight at all times
Fly only in daylight (unless shielded) and when visibility is good – stay clear of fog and cloud. First person view (FPV) flights must have an observer - i.e. those using a device to fly their drone.
Stay 4km away from anywhere aircraft are landing or taking off
Unless you can meet the special requirements. This includes helipads at hospitals and those used by sightseeing aircraft. Be aware that controlled airspace around airports extends well beyond the 4km limit – you must have authorisation from air traffic control to operate in any controlled airspace. Don’t fly in special use airspace, such as Low Flying Zones, Restricted or Military Operating Areas without approval from the administering authority.
It’s dangerous to fly drones anywhere other aircraft are operating
If you see another aircraft, stay well clear of it and land immediately.
Part 102 certification
Where can you fly your drone?
Check out these useful videos from the Civil Aviation Authority, about flying what’s called a “Shielded operation”; drone No-fly zones, how to be responsible and follow the rules when flying your drone, and considering others when flying.
