What the Civil Aviation Act 2023 means for New Zealand

On 5 April 2025, New Zealand’s aviation regulatory landscape underwent its most significant transformation in over three decades. The Civil Aviation Act 2023 (the 2023 Act) replaced the Civil Aviation Act 1990 (the 1990 Act), streamlining outdated legislation while expanding regulatory tools to address the realities of 21st-century aviation, from drone regulation and airport master planning to climate change and safety-sensitive operations.

While the 1990 Act provided a robust foundation, the 2023 Act is a comprehensive modernisation, crafted to reflect new technologies, evolving global standards, and increasing public demand for accountability.

For logistics, transport and supply chain professionals, particularly those working with aviation assets or within regulated air corridors, understanding the nuances of this shift is vital.

The 1990 Act was enacted in an era before drones, autonomous aircraft, climate accountability, or real-time airspace tracking. It provided the basic framework for aviation safety, established the Civil Aviation Authority (CAA), and embedded the country’s obligations under international agreements like those governed by International Civil Aviation Organization.

However, as the Associate Transport Minister James Meager said when the new law came into force:

“This Government is committed to supporting the aviation sector to grow and innovate. The new Civil Aviation Act focuses on keeping Kiwis safe while allowing for new technology and changing aviation needs.”

A broader regulatory scope

The 2023 Act retains the core focus on safety and security but broadens the statutory scope to include environmental regulation, emerging technologies, and clearer oversight mechanisms. This legislative update also absorbs and replaces the Airport Authorities Act 1966, allowing for a single point of regulatory clarity across aviation infrastructure.

Key additions include:

• Environmental accountability under ICAO’s CORSIA scheme;
• Explicit drone and autonomous aircraft regulation;
• Mandatory drug and alcohol management plans for safety-sensitive roles;
• Public input into airport spatial planning;
• Expanded independent review pathways for decisions made by the Director of Civil Aviation.

Perhaps the most publicly visible update is the treatment of drones. Under the 1990 Act, drones were legally classified as aircraft but weren’t specifically referenced: regulation depended on subordinate rules (Parts 101 and 102), which became increasingly inadequate as drone technology exploded.

The 2023 Act changes that. It clearly defines drones and remotely piloted aircraft systems (RPAS) as distinct aviation categories and gives the Minister of Transport direct authority to set new rules around registration, Remote ID, and enforcement.

This legislative clarity couldn’t have come at a better time. In early April 2025, just days after the 2023 Act came into force, a passenger plane preparing to land at Auckland Airport narrowly avoided a mid-air collision with a drone flying illegally in controlled airspace. The RNZ headline was blunt: “Call for tighter rules after drone and plane nearly collide at Auckland Airport.”

In that report, CAA officials cited the near-miss as a key example of why the new powers embedded in the 2023 Act were urgently needed. The incident confirmed what regulators and the public already suspected: our airspace is more complex, and more contested, than ever before.

The 2023 Act also introduces a more structured framework for airport designation and spatial planning, particularly for Tier 1 airports. Where the 1990 system relied on the Airport Authorities Act 1966 (requiring approval by the Governor-General for various operational changes) the new law establishes:

• A public register of airport operators;
• Mandatory spatial master plans for large airports;
• Transparent consultation requirements with local communities and stakeholders.

Another significant change is the introduction of mandatory drug and alcohol management plans for operators performing safety-sensitive functions. The 1990 Act did not require this explicitly; policies were implemented later through rules and industry guidance.

Under the 2023 Act, safety-sensitive employers must:

• Establish a written management plan
• Carry out random testing
• Report breaches and provide evidence of compliance.

Climate accountability and international alignment

In a first for New Zealand aviation legislation, the 2023 Act embeds climate obligations directly into its framework, specifically New Zealand’s participation in ICAO’s Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA).

This shift marks a formal recognition that the aviation sector must contribute to national emissions reduction efforts. Operators of international flights are now subject to carbon reporting and offsetting obligations embedded in primary legislation—not just international guidelines or voluntary schemes.

Beyond new powers and expanded coverage, the 2023 Act was drafted with usability in mind. According to legal analysts, it’s structurally clearer, with:

• A single, consolidated framework (replacing multiple Acts);
• Modern language and definitions;
• Streamlined sections for easier reference.

Industry implications

The practical implications of the Civil Aviation Act 2023 are wide-reaching. Drone operators will face more stringent rules, including potential mandatory registration and ID, while airports will need to adopt spatial planning practices and adhere to tighter consultation frameworks.

Additionally, freight and charter operators must review their internal safety policies for compliance with drug and alcohol provisions, and public and private sector air service buyers will be required to consider climate compliance obligations when procuring international flights.

These changes aren’t merely procedural; they reflect a deeper alignment with international best practice and a growing expectation that aviation must do more than just operate safely. It must also operate sustainably, transparently, and with stronger public accountability.

Therefore the 2023 Act is a platform for futureproofing the sector in an age of drones, climate change, and rapid technological advancement. For professionals across the logistics and transport ecosystem, staying informed about this Act is a strategic necessity.

Whether you’re flying cargo, managing airspace operations, or integrating aerial logistics into supply chains, the rules have changed. And they’re likely to keep evolving.