Before you fly a drone (also known as "unmanned aerial vehicle" or UAV) in the Whakatāne District, there are a few things you need to know.
Firstly, Civil Aviation Authority (CAA) regulates airspace in New Zealand and defines the rules that everyone must comply with. We recommend you make yourself familiar with these rules. The information contained on this page relates to CAA rules in a local context. Note the Council has not set and does not enforce these rules; if you see someone operating outside of these rules, please contact CAA on 05 084 SAFETY or isi@caa.govt.nz. If a drone is posing imminent threat to people or property, then the Police should be involved.
You need permission to fly over property
CAA dictates that you must have permission of the person whose land you are flying over. For Council’s public open spaces, including parks, sportsfields, beaches and reserves, we give blanket permission for you to fly over the land, as long as you conform to CAA regulations. You can fly a drone in your own section, but you still need to adhere to the other CAA rules, particularly if you live in Whakatāne Township (see below). It is your responsibility to identify the land owner/manager whose land you are flying over – this might be Ministry of Education, Department of Conservation, etc.
You can’t fly over people
Under CAA regulations, you cannot fly over people, unless you have their consent. This means that flying in public spaces where other people are gathered, in particular flying over crowds at public gatherings or sports events, is prohibited unless you have everyone’s permission. There is also a requirement on the drone operator to minimize hazards to persons, property and other aircraft at all times.
Flying a drone with a camera attached
Drones fitted with a camera can provide an opportunity to capture the beauty of the Whakatāne District. However, a drone with a camera attached can be considered intrusive for other members of the public. Before you capture footage of people, you want to think about their privacy rights and what you’re going to use the footage for. We recommend you do not record footage of people who can be clearly identified without their permission.
Limitations for flying in Whakatāne Township
There are extra restrictions when flying in the Whakatāne Township. The whole of Whakatāne Township is within 4 km of the Whakatāne Hospital, which has a helipad and is therefore a designated aerodrome. This means that non-certified people cannot fly a drone within the Township, unless you are undertaking a shielded operation. This also applies for flights within 4 km of the Whakatāne Airport and the Galatea Airstrip.
A map outlining the areas under discussion is available below.
Shielded operation
This means flying within 100 metres and below the top of the highest trees, buildings or other natural or manmade structures (for example, the escarpment).
Within the Whakatāne Township, most public places will have a physical structure that you can fly close to and below the top of, to ensure you are operating as a shielded operation.
However, you must make sure that you are not flying over private property or over people without permission.
Different rules for certified drone operators
If you are a commercial operator, or a regular drone operator, you might want to consider undertaking some form of certification (CAA part 102 certification or Wings Badge). The certification process will focus to a large degree on safety and responsible operations. Once certified, you then have greater permission under CAA rules to fly within Whakatāne Township (within 4 km of the hospital aerodrome). You will no longer be restricted to shielded operations, but you may still have requirements to get permission from the hospital (if within 4 km of the hospital), the Airport (if within 4 km of the Whakatāne airport), or the Urewera Aero Club (if within 4 km of the Galatea Airfield) prior to flying. If you wish to fly over other Council-owned land, such as local roads, then you can contact the Council to discuss your request.
If you are flying on a regular basis, we recommend you utilise Airshare to log your flights.
General CAA Checklist
- Only fly in daylight
- Get consent from anyone you want to fly above (avoid crowds)
- Get consent of the property owner or person in charge of the area you are flying above
- Take all practicable steps to minimise hazards to persons, property and other aircraft (in other words, don’t do anything dangerous)
- Be able to see the aircraft with your own eyes (in other words, not through binoculars, a monitor, or smartphone) to ensure separation from other aircraft (or use an observer to do this in certain cases)
- Make sure your drone is less than 25 kg and always ensure that it is safe to operate
- Fly your aircraft below 120 metres above ground level
- Give way to all crewed aircraft
- Know airspace restrictions that apply in the area you want to operate
- Do not fly closer than four kilometres to any aerodrome (unless certain conditions are met)
- Certified operators get permission from the aerodrome operator (the hospital, the airport or Urewera Aero Club) prior to flying within 4 km of an aerodrome, unless you’re exempt)
- Avoid special use airspace without the permission of the controlling authority of the area (such as military operating areas or restricted areas)
This list should not substitute for a full reading of Part 101. You should conduct a thorough assessment of your operation and understand the rules that apply to your operation before deciding whether to operate under Part 101 and 102 of the CAA regulations.
Aerodrome contact details
Whakatāne Hospital
Neil Mower
neil.mower@bopdhb.govt.nz
Whakatāne Airport (the Council)
Urewera Aero Club
Gavin Iles
027 210 2522