Know the rules

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’re 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 the Civil Aviation Act 1990, are for non-certificated uncrewed aircraft operators, i.e. the vast majority of drone pilots.  The below graphic provides 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 Part 101 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

Variations for Part 102 operators

Drone operators with a Part 102 uncrewed aircraft operator certificate may have variations from the Civil Aviation Part 101 rules, and legally fly.

Rule #2

How close can I fly my drone
over people and buildings?

Rule #2

Stay a safe and considerable distance away from people and buildings. Don’t fly directly over people, unless they say it’s OK.
Learn more

Rule #3

Can I fly over private land
like farms or houses?

Rule #3

Don't fly over private land 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.
Learn more

Rule #4

When can I fly my drone
and in what kind of conditions?

Rule #4

Keep your drone in direct sight, and fly only in daylight when visibility is good.
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.
Learn more

Rule #5

How close can I fly my drone
to an aerodrome or airport?

Rule #5

Stay 4km away from anywhere aircraft are landing or taking off. Unless you can meet the speical 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.
Learn more

Rule #6

How close can I fly my drone
to an aircraft in the sky?

Rule #6

It's dangerous to fly drones anywhere other aircraft are operating.
Learn more

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.

Where can you fly your drone?

Check out the below 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.

You can also view this section of the CAA website to learn all about flying your drone safely in New Zealand, and the below brochure provides an easy-to-understand overview.

Looking for AirShare global UTM?

Head to the Airways International website to learn about our AirShare uncrewed traffic management (UTM) system.