Before you fly your drone

You must:

• ensure you have a valid drone concession (permit) from the Department of Conservation
• ensure you have read, understood, and can comply with these conditions including Schedule 1
• ensure you have read, understood, and can comply with the New Zealand Civil Aviation Authority rules for drone operators
• understand you will be liable for any damages caused.

You may only fly on any public conservation land identified in your concession (permit).

Flying your drone general rules

Only you are authorised to operate a drone under your drone concession (permit). Your permit does not authorise others to fly the drone on your behalf.

You must:

• comply with these conditions including schedule 1
• comply with the New Zealand Civil Aviation Rules for drone operators.

When flying the drone, you must:

• ensure you have a copy your drone concession (permit) with you
• ensure you have identified the type of airspace you are operating in, and any additional New Zealand Civil Aviation Rules for operating in that airspace
• log your drone flight in AirShare – this will help you identify controlled airspace and flight exclusion zones
• always keep the drone in direct sight
• not fly in darkness, cloud, or fog
• not fly above 120 metres (400 feet) from ground level.

You must stop operation if requested by a uniformed or warranted member of staff of the Department of Conservation.

Interacting with other people

You must keep the drone a safe and reasonable distance from people and buildings, structures and utilities.

You must operate the drone away from ‘high use’ recreational areas where people congregate, such as:

• campsites
• campgrounds
• huts/ bivvies/lodges
• car parks
• picnic areas.

You must not fly, hover (ie keep the drone in a continuous position) over any person without their consent.

You must not use the drone to deliberately pursue, harass, or intimidate any person.

Interaction with other aircraft

If you encounter piloted aircraft, such as helicopters, fixed wing planes and hang gliders, you must give way and land the drone immediately. You must not resume operating the drone until the piloted aircraft has left the area.

If you encounter remotely piloted aircraft (eg another drone), you must keep the drone a safe distance from it.

You must not use the drone to pursue, harass, or disturb any other aircraft.

Interacting with wildlife

For the purposes of these conditions, ‘wildlife’ includes any wild animal (any animal living in a wild state, regardless of whether the animal is native or non-native). ‘Wildlife’ does not include ‘marine mammals’, for example, dolphins, whales, seals, as defined under the Marine Mammals Protection Act 1978.

You may fly the drone near or over wildlife.

You must not use the drone to deliberately pursue, harass or disturb any wildlife.

To avoid disturbing or harassing wildlife you must:

• take off or land at least 100 metres from any wildlife
• fly no closer than 50 metres from any wildlife.

You must not fly the drone over roosting/nesting birds. You must not hover or keep the drone in a continuous position over any wildlife.

If any wildlife repeatedly circles or engages directly with the drone, for example dive bombs, you must land the drone immediately and cease the drone operation. 

Interacting with marine mammals

For the purposes of these conditions, ‘marine mammals’ is as defined under the Marine Mammals Protection Act 1978. This includes dolphins, whales, seals and sea lions.

You must not use the drone to deliberately pursue, harass, or disturb any marine mammal.

To avoid disturbing or harassing marine mammals you must:

• fly no closer than 150 metres horizontally from a point directly above any marine mammal
• not disturb or harass any marine mammal with your drone, for example, do not deliberately herd or scatter them
• not make any sudden or repeated change in speed or direction
• abandon contact at the first sign of any marine mammal being disturbed
• take off at least 100 metres from any marine mammal on the shore or the land.

You must not hover (ie keep the drone in a continuous position) over any marine mammal. If the marine mammal appears distressed or disturbed by the drone, you must land the drone immediately and cease the drone operation.

Schedule 1 – Drone Permit Conditions – Standard

Interpretation

1. For the purposes of this Schedule, ‘the Concessionaire’ refers to whoever the concession is granted to, and ‘the Grantor’ refers to the Minister of Conservation.
2. The Concessionaire is responsible for the acts and omissions of its employees, contractors, agents, clients and invitees (excluding other members of the public accessing the Land). The Concessionaire is liable under this Concession for any breach of the terms of the Concession by its employees, contractors, agents, clients and invitees (excluding other members of the public accessing the Land), as if the breach had been committed by the Concessionaire.
3. Where this Concession requires the Grantor to exercise a discretion or give any approval or provides for any other actions by the Grantor, then the Grantor must act reasonably and within a reasonable time. When a consent is required under this Concession such consent must not be unreasonably withheld.

What is being authorised?

4. The Concessionaire is only allowed to use the public conservation land (the Land) for the Concession Activity for the Term as specified in the concession.

What are the fees and when are they to be paid?

5. The Concessionaire must pay the application processing fee to the Grantor in the manner directed by the Grantor (unless the Grantor has advised the processing fee is waived/no processing fee payment is required).

No right to assign the Concession

6. The Concessionaire must not transfer, sub licence, assign, mortgage or otherwise dispose of the Concessionaire’s interest under this Concession or any part of it (which includes the Concessionaire entering into a contract or any other arrangement whatsoever whereby the Concession Activity would be carried out by a person other than the Concessionaire).

What are the liabilities and who insures?

7. The Concessionaire agrees to use the Land at the Concessionaire’s own risk and releases to the full extent permitted by law the Grantor and the Grantor's employees and agents from all claims and demands of any kind and from all liability which may arise in respect of any accident, damage or injury occurring to any person or property in or about the Land.
8. The Concessionaire must indemnify the Grantor against all claims, actions, losses and expenses of any nature which the Grantor may suffer or incur or for which the Grantor may become liable arising out of the Concessionaire’s performance of the Concession Activity.
9. This indemnity is to continue after the expiry or termination of this Concession in respect of any acts or omissions occurring or arising before its expiry or termination.
10. The Concessionaire at the Concessionaire’s expense must take out and keep current policies for insurance with a substantial and reputable insurer.
11. The Concessionaire must provide to the Grantor within 5 working days of the Grantor requesting:
    1. details of any insurance policies obtained under this Concession; and/ or
    2. a copy of the current certificate of such policies.

What about Health and Safety?

12. The Concessionaire must exercise the within rights granted by this Concession in a safe and reliable manner and must comply with the Health and Safety at Work Act 2015 and its regulations and all other provisions or requirements of any competent authority relating to the exercise of this Concession. The Concessionaire must comply with any safety directions of the Grantor.

What about Civil Aviation Requirements?

13. The Concessionaire must hold the applicable aviation documents and privileges to conduct the Concession Activity under the Civil Aviation Rules and must comply with Civil Aviation law requirements applying to the Concession Activity.

When can the Concession be terminated?

14. If the Concessionaire breaches any of the conditions of their Concession the Grantor may by notice in writing to the Concessionaire terminate this Concession.

Are there limitations on public access and closure?

15. The Concessionaire acknowledges that the Land is open to the public for access and that the Grantor may close public access during periods of high fire hazard or for reasons of public safety or emergency. Nothing in this Concession gives the Concessionaire the right to enter any such closed area of the Land.

How are notices sent and when are they received?

16. Any notice to be given under this Concession is to be in writing and made by personal delivery, fax, by pre-paid post or email to the receiving party at the address or email address provided by the Concessionaire. Any such notice is to be deemed to have been received:
    1. in the case of personal delivery, on the date of delivery;
    2. in the case of post, on the 3rd working day after posting;
    3. in the case of email, on the date receipt of the email is acknowledged by the addressee by return email or otherwise in writing.
17. If either party’s details change then the party whose details change must within 5 working days of such change provide the other party with the changed details.

What about the payment of costs?

18. The Concessionaire must pay in full immediately and on demand all costs and fees (including solicitor’s costs and fees of debt collecting agencies engaged by the Grantor) arising out of and associated with steps taken by the Grantor to enforce or attempt to enforce the Grantor’s rights and powers under this Concession. This includes the right to recover outstanding money owed to the Grantor.

The Law

19. This Concession is to be governed by and interpreted in accordance with the laws of New Zealand.