Understanding New Zealand’s Drone Rules

Part 101, Part 102, and what drone operators are actually allowed to do

Explore the Rules

Is that drone flight illegal? Not necessarily.

You've probably seen a drone flying somewhere you thought it wasn't allowed. Perhaps it was flying over buildings, operating at night, or working near an airport.

It's easy to assume the operator is breaking the rules. But New Zealand has two main regulatory pathways for drone operations, and understanding the difference is important.

Part 101 establishes the general operating requirements. Part 102 provides a certification framework through which operators can be authorised to conduct activities outside some of those requirements.

A flight that isn't permitted under Part 101 may be entirely lawful under Part 102. However, Part 102 certification isn't a blanket exemption from the rules.

This guide explains how the two Parts work, what they mean in practice, and why the answer to "You can't do that!" isn't always straightforward.

Part 101

General operating rules

Understand the requirements for drone operations without Part 102 certification, including airspace, consent, aerodromes and flight limitations.

Part 102

Certificated Operations

Understand how operators obtain approval for specialised activities, what their certification permits, and the conditions they must follow.

What's the difference between Part 101 and Part 102?

One of the most common misconceptions about New Zealand's drone rules is that Part 101 applies to recreational pilots while Part 102 applies to commercial operators.

That's not how the system works.

Part 101 establishes the general operating rules for unmanned aircraft. Both recreational and commercial operators can fly under Part 101, provided they meet the applicable requirements.

Part 102 provides a certification framework for operators who need to conduct activities that cannot be undertaken within the ordinary Part 101 requirements.

However, holding a Part 102 certificate doesn't automatically exempt an operator from Part 101. The operator must comply with the conditions of their certification, and Part 101 continues to apply where its requirements are consistent with the authorised operation.

The distinction is about how an operation is authorised, not whether the operator is being paid.

Operating requirement
Part 101
Part 102

This is a general comparison, not a complete statement of the legal requirements. Specific exceptions, authorisations and conditions may apply.

Part 102 is not a blanket exemption

Part 102 certification does not give an operator unrestricted permission to operate outside the standard Part 101 requirements. Each operator is authorised to conduct specific activities, subject to approved procedures, conditions and limitations.

An operator's Operations Specifications (Ops Specs) outline the scope of their certification, including the types of operations they are authorised to conduct. These must be read alongside the operator's approved exposition and any applicable conditions.

If you want to understand what a particular operator is authorised to do, you can ask to see their Operations Specifications. Most Part 102 operators will be happy to share them and explain the privileges they hold.

"But I thought that was illegal?"

Not every drone flight that appears to break the rules is actually unlawful.

A drone flying at night, operating near an aerodrome, or flying beyond the pilot's visual line of sight may be operating under a specific Part 102 authorisation.

Equally, holding a Part 102 certificate doesn't mean an operator can do whatever they like.

Explore some common scenarios to see why the rules aren't always as straightforward as they appear.

SELECT A SCENARIO
THE SITUATION

A photographer is being paid to take aerial photos.

101

Under Part 101

Commercial work is permitted under Part 101. Being paid does not itself trigger a requirement for Part 102 certification.

102

Under Part 102

Part 102 certification may be needed where the intended operation falls outside the applicable Part 101 requirements.

The key point

Commercial does not automatically mean Part 102.

These examples illustrate how the regulatory framework operates. They do not establish whether a particular flight is lawful. Specific rules, exceptions, authorisations and other requirements must be considered. For important compliance decisions, consult the official Civil Aviation Rules and applicable instruments.

You can't always judge a drone operation by what you see

Two drone operators conducting apparently identical flights may be operating under very different regulatory authorisations.

One might be operating under Part 101, while another may have a Part 102 certificate permitting activities outside the ordinary Part 101 requirements.

That doesn't mean either operator is automatically compliant. The legality of a flight depends on the applicable rules, the operator's authorisations, and the circumstances of the operation.

Before declaring that a drone operation is illegal, it's worth understanding which rules actually apply.

Key requirements for drone operations

New Zealand's drone rules cover more than simply where and how high an aircraft can fly. They also address airspace, aerodromes, people, property, aircraft safety and the responsibilities of the operator.

The requirements that apply depend on the aircraft, the intended operation and whether it is being conducted under Part 101 or an appropriate Part 102 authorisation.

Explore the topics below for an overview of the key considerations, with links to more detailed guidance.

Finding and Understanding the Rules

New Zealand's aviation regulatory framework includes Civil Aviation Rules, transport instruments, advisory circulars and other supporting publications.

Understanding how these documents relate to one another is important. Some establish legally binding requirements, while others provide guidance on how those requirements can be met.

The resources below can help you find the relevant provisions, understand their application and access authoritative regulatory information.

About this guidance

This information is provided by UAVNZ, a division of the Aviation Industry Association of New Zealand (AIANZ), to assist public understanding of New Zealand's drone regulatory framework.

It is general guidance only and does not constitute legal advice or an authoritative interpretation of the Civil Aviation Rules.

Although care is taken to maintain accurate information, regulatory requirements may change. Readers should consult the current official rules, applicable amendments and transport instruments before making operational or compliance decisions.

Airside Rules is an independent regulatory reference and navigation resource, not an official publication of the Civil Aviation Authority. It should not be relied upon as the authoritative legal text.