Cleared for Take-Off
Using your drone the right way
Over the past decade, drones have gone from niche gadgets to everyday tools. Drones help farmers to check stock, let filmmakers capture sweeping aerial. shots and give hobbyists a fun way to explore the skies. In New Zealand, drones are part of a fast-growing aviation sector: with that growth comes a clear need for sensible rules to keep people, property and other aircraft safe.
Whether you’re a teenager flying a drone in the backyard or a business experimenting with new technology, knowing the rules helps everyone share the skies safely.
New Zealand has a well-developed structure for drone regulation overseen by the Civil Aviation Authority (CAA). In this article, we explain the Civil Aviation Rules that govern drone use in New Zealand.
CAA Rules
Civil Aviation Rules Part 101 sets out the provisions that must be adhered to when piloting a drone that weighs under 25kg. These are the default rules for everyday recreational and simple commercial use of drones. Any drone that weighs more than 25kg requires certification from the CAA in accordance with Part 102 of the CAA Rules. Most commercial drones, however, weigh less than 25kg.
When and where can you fly a drone?
It is important to be familiar with the Rules before flying your drone. A drone is considered a remotely piloted aircraft, so it can be a hazard to people, property and other aircraft. Under Part 101 of the CAA Rules, drone pilots must:
• Fly below 120 metres (400 feet)
• Always ensure the drone is within their line of sight
• Fly only during daylight hours and in good weather
• Stay at least four km away from airports and aerodromes (unless specific conditions are met), and
• Not fly over homes without the property owner’s consent.
Privacy issues
Drone rules aren’t just about aircraft safety; they’re also about protecting people on the ground. The requirement to get consent before flying over people or private property helps reduce anxiety and avoid misunderstandings. In practice, this means:
• Asking before flying over someone’s property
• Being mindful when operating near crowds, and
• Avoiding capturing photos or videos when people reasonably expect privacy.
Some public areas, such as national parks, require separate permits from the Department of Conservation.
What can you do about drones over your property?
No, you cannot shoot down a drone flying over your property! This would open you up to prosecution under the Summary Offences Act 1981, the Crimes Act 1961 and the Arms Act 1983. Any complaints about drones intruding over private property without consent or in breach of the CAA Rules should be addressed to the Privacy Commissioner or the CAA.
Penalties
As drones are legally treated as aircraft in New Zealand, unsafe flying isn’t just ‘messing around.’ Breaches of the Civil Aviation Act 2023 and the Civil Aviation Rules carry significant penalties. Under the CAA Rules, fines can vary, usually ranging from around $500 for minor breaches, such as flying too close to an airport, and up to $10,000 for serious violations such as endangering or tampering with an aircraft. For companies that breach drone rules, the maximum fines are higher – up to $30,000.
The Civil Aviation Act 2023 which came into force on 5 April 2025 states that the CAA and the Police have the power to require a drone operator to provide any information that may help identify the pilot in command. Refusing to provide that information is itself an offence.
Understand the Rules
Drones open up exciting possibilities, but they also turn every operator, no matter how young, into a participant in New Zealand’s aviation system. By understanding the Rules, keeping safety in mind and showing respect for other’s privacy, we can ensure drones remain a positive and innovative part of Aotearoa’s future.
DISCLAIMER: All the information published is true and accurate to the best of the authors’ knowledge. It should not be a substitute for legal advice. No liability is assumed by the authors or publisher for losses suffered by any person or organisation relying directly or indirectly on this article. Views expressed are those of individual authors, and do not necessarily reflect the view of this firm. Articles appearing in this newsletter may be reproduced with prior approval from the editor and credit given to the source. Copyright, NZ LAW Limited, 2019. Editor: Adrienne Olsen. E-mail: adrienne@adroite.co.nz. Ph: 029 286 3650 or 04 496 5513.