National interest

Cabinet has endorsed guiding principles for these decisions, including:

• Responsibility – space activities from New Zealand should promote an orbital environment where users avoid causing harm or interference with the activities of others.
• Sustainability – space activities from New Zealand should preserve the benefits of space for future generations through adherence to sustainable practices.
• Safety – space activities from New Zealand should not jeopardise the safety of people on the ground or in space.
• Space activities authorised by the Government should reflect New Zealand’s values and interests and align with broader policy settings.

New space payload principles protect the national interest(external link) — beehive.govt.nz

Activities inconsistent with New Zealand’s national interest 

Cabinet also outlined payload types that will not be permitted because they are not in New Zealand’s national interests, or they breach New Zealand’s laws and our international legal obligations:

• Payloads that contribute to nuclear weapons programmes or capabilities.
• Payloads with the intended end use of harming, interfering with, or destroying other spacecraft, or space systems on Earth.
• Payloads with the intended end use of supporting or enabling specific defence, security or intelligence operations that are contrary to government policy.
• Payloads where the intended end use is likely to cause serious or irreversible harm to the environment.

Broad discretion when considering national interest

Although the Act lists factors that may be considered, it does not define what constitutes the national interest or what would be contrary to it. Instead, the Minister has broad discretion to assess, on a case-by-case basis, whether granting a payload permit would be contrary to the national interest.

This flexible approach has advantages over a rigid test that might exclude certain payload types or classes. It ensures the legislation remains adaptable to evolving global risks and government priorities, both on Earth and in space.

Importantly, activities with national security applications are not inherently contrary to the national interest. In fact, permitted and licensed activities to date have included such applications, all of which have been assessed as consistent with New Zealand’s national interest.