🐣 Piyo: I've been flying hobby drones in New Zealand, and I keep hearing about changes to the rules. What exactly changed with the new Civil Aviation Act? Do I need a license now?
🦉 Poppo: Great question. NZ introduced a completely new regulatory framework for drones starting in 2024, replacing the old rules. Let me walk you through what changed, what the two operating categories are, and what you actually need to do.
The Big Picture: Civil Aviation Act 2023
In September 2023, New Zealand overhauled its drone regulations with the Civil Aviation Act 2023. This replaced the old ruleset with a modern framework that distinguishes between:
- Part 101 – Recreational & low-risk commercial flying (simple rules, no cert required for basic use)
- Part 102 – Advanced commercial operations (structured certificate required)
Why the Change?
The CAA NZ recognized that:
- Technology had improved dramatically (GPS, obstacle avoidance, redundancy)
- Drone businesses were growing, but old rules were unclear
- International standards had evolved (EASA, FAA models were more mature)
- Simple hobby flying and complex commercial ops needed different rules
🐮 Moo: Here's the practical upside—if you're just doing simple work, you don't need a full certificate. If you want to offer commercial services, there's now a clear path. The old rules were vague; these new ones are transparent.
Part 101: Recreational & Small Commercial Operations
Part 101 is for pilots who want to fly without a formal Unmanned Aircraft Operator Certificate (UAOC).Who Can Fly Under Part 101?
- Recreational flyers (hobby use, no payment)
- Small commercial operators (simple operations, low risk)
- Anyone flying a drone under 2 kg (with some flexibility for larger aircraft under strict conditions)
Part 101 Rules (Basic Version)
| Requirement | Rule |
|---|---|
| Pilot License | Not required for basic operations |
| Airspace | Class F or G only (avoid airports) |
| Altitude | Max 120 metres above ground |
| Distance | 50-100 metres from buildings, vehicles, people (varies by operation type) |
| Visibility | Must keep drone in sight (VLOS) |
| Night Flying | Not permitted |
| Speed | Depends on specific operation type |
| Weather | Day use only, reasonable weather |
| Operations Over People | Restricted—generally not allowed without approval |
Part 101 Trial AC101-1 (Recent Update)
In late 2025/early 2026, CAA NZ introduced Trial AC101-1 to allow certain commercial operations under Part 101 without needing a full Part 102 certificate. This expands what small businesses can do.
What AC101-1 allows:- Micro-enterprises can perform simple commercial work (surveying, inspection, delivery) under relaxed Part 101 rules
- No UAOC required for basic operations
- Still must follow distance and airspace rules
- Enables small operators to grow without immediate certification pressure
When You MUST Upgrade to Part 102
Even under Part 101, some operations require a full certificate:
- Beyond Visual Line of Sight (BVLOS) flying
- Night operations (dusk to dawn)
- Heavy drones (over 25 kg) operating commercially
- Complex airspace (near airports, controlled airspace)
- Operations over people or property (beyond trial AC101-1 flexibility)
- Delivery operations in certain conditions
🐣 Piyo: So if I'm doing aerial surveys for construction sites, can I do that under Part 101?
🦉 Poppo: If it's simple VLOS surveying (flying around a property, 50-100m from the site, daytime), and your drone is under 2 kg, yes—Part 101 is fine, possibly under AC101-1 trial. If you need to fly BVLOS to cover large areas, or if you're operating a heavier drone (10+ kg), you need Part 102.
Part 102: The Full Operator Certificate (UAOC)
Part 102 is for serious commercial operators. If you fly professionally and your operations exceed Part 101 scope, you need a Part 102 Unmanned Aircraft Operator Certificate (UAOC).What Is a Part 102 UAOC?
An UAOC is a formal certificate issued by CAA NZ that authorizes you to conduct specific types of operations. It includes:
- Your Safety Management System (SMS) – A detailed document explaining how you'll operate safely
- Approved Operation Categories – Exactly what you're allowed to do (VLOS, BVLOS, Night, etc.)
- Approved Aircraft – The specific drone models/serial numbers you can use
- Pilot Requirements – Your remote pilots must be certificated (Remote Pilot License)
Getting Part 102 UAOC: The Process
- Develop an Exposition (Safety Case)
- Document your operations, safety procedures, risk management
- This is a 20-50 page document depending on complexity
- Request a Remote Pilot License (for your pilots)
- Practical & theory exams with CAA NZ
- Demonstrates competency in remote flying
- Submit UAOC Application to CAA NZ
- Include Exposition, pilot qualifications, aircraft details
- Processing: 4-8 weeks typical
- Initial Audit by CAA NZ
- Inspectors review your SMS and observe operations
- Confirm you can operate safely as described
- Certificate Issuance
- Valid for 2-3 years
- Renewal requires updated Exposition and continued compliance
Part 102 Operation Categories
Once you have a UAOC, you can be approved for various operation categories:
| Category | Description |
|---|---|
| VLOS | Visual Line of Sight only (standard operations) |
| BVLOS | Beyond Visual Line of Sight (requires approval, GPS/sensors required) |
| Night | Operations during darkness (requires special equipment and training) |
| Over People | Flying over populated areas (highest approval tier, strongest safety case needed) |
| LAANC | Low-Altitude Airspace Coordination for urban environments |
Part 102 Costs & Timeline
- Exposition development: DIY (free but time-intensive) or hire consultant (NZ$2,000-$8,000)
- Remote Pilot License course: NZ$1,500-$3,500 per pilot
- CAA processing fee: NZ$1,500-$5,000 depending on complexity
- Time to certificate: 3-4 months total (assuming clean submission)
Part 101 vs Part 102: Quick Comparison
| Aspect | Part 101 | Part 102 |
|---|---|---|
| Pilot License Required | No (for basic ops) | Yes—Remote Pilot License |
| Operator Certificate | No (for basic ops) | Yes—UAOC |
| Airspace Restrictions | Class F/G only, 120m altitude | Approved airspace (can include Class A-D near airports) |
| BVLOS Flying | Not allowed | Allowed with approval |
| Night Flying | Not allowed | Allowed with approval |
| Over People | Generally restricted (some trial ops allowed) | Allowed with approval |
| Record-Keeping | Optional | Mandatory—detailed flight logs & SMS |
| Insurance | Not required (recommended) | Required (varies by operation) |
| Audit/Surveillance | None | Annual surveillance by CAA NZ |
| Cost to Start | NZ$0-$2,000 (drone purchase only) | NZ$10,000-$25,000 (training, cert, development) |
Transport Instrument: The Regulatory Foundation
The Transport Instrument (a legislative tool under the Civil Aviation Act) defines the detailed rules for both Part 101 and Part 102. Recent updates in 2025-2026 include:
- Clarification of "small" drones (under 2 kg has more flexibility)
- Updated weight thresholds (25 kg, 150 kg categories introduced)
- BVLOS approval streamlined (less bureaucratic, more operational)
- Sunset dates removed from trial AC101-1 (becoming more permanent)
- Alignment with international standards (EASA, FAA concepts adapted for NZ context)
Key Changes from Old Rules (Pre-2023)
Before 2023: There was one set of rules for all drone operations. You had to get an exemption if you wanted to do anything advanced. After 2024:- Part 101 is the default (simpler, fewer barriers)
- Part 102 is for serious commercial ops (clearer, more professional)
- No more "exemption hunting"—the rules are designed for growth
🐣 Piyo: If I want to start a drone inspection business, what do I do first?
🦉 Poppo: Start here: 1) Do a simple VLOS operation (Part 101 or Part 102?)—if it's basic inspections without BVLOS or complex airspace, Part 101 might be enough. 2) If you need BVLOS or complex ops, apply for Part 102. 3) Take a Remote Pilot License course (8-10 weeks). 4) Develop your Exposition with help from a consultant. 5) Submit to CAA NZ, pass their audit, and you're licensed.
FAQ
Q: I'm currently operating under old rules. Do I need to switch to the new system?A: You should transition as soon as practical. CAA NZ is supporting the old and new rules simultaneously during a transition period, but the new framework is now the standard. If you have exemptions, contact CAA NZ about converting them to Part 102 approvals.
Q: Is Part 101 really "no license required"?A: Correct—no formal operator certificate or pilot license required for basic Part 101 ops. However, you must still follow the rules (airspace, altitude, distance, visibility). "No license" doesn't mean "no rules."
Q: Can I do commercial work under Part 101?A: Yes, limited commercial work is allowed under Part 101 and increasingly under AC101-1 trial. But if the work is complex (BVLOS, night, over people), you need Part 102.
Q: How long does it take to get a Part 102 certificate?A: Typically 3-4 months from start to finish: Remote Pilot License (6-10 weeks) + Exposition + Application (4-8 weeks processing).
Q: Do I need a lawyer to develop my Exposition?A: No, but you might hire a consultant (NZ$2,000-$8,000). Many operators develop their own Exposition by following CAA NZ's guidance documents.
Q: What happens if I violate Part 101 rules?A: CAA NZ can issue infringement notices (fines up to NZ$600) or, in serious cases, prosecution (up to NZ$5,000-$20,000 depending on offense).
Q: Is Part 102 necessary if I just want to do one or two commercial flights?A: Depends on the operation. If it's a one-time VLOS inspection, Part 101 + AC101-1 might suffice. If it's anything more complex, yes, Part 102 is the right path. Check with CAA NZ's guidance or a consultant.
Q: Can I switch between Part 101 and Part 102?