Can someone fly a drone over my property in New Zealand?

The aviation rules

Most drones in New Zealand are flown under Part 101 of the Civil Aviation Rules. The Civil Aviation Authority’s summary of Part 101 says pilots must get consent before flying over people and property, and must take all practicable steps to minimise hazards to people, property and other aircraft. Drones flown under the more demanding Part 102 certification can operate under different conditions set out in their certificate.

So a hobbyist hovering over your backyard without asking is very likely breaking aviation rules.

Privacy

If a drone is flown by an individual for personal reasons, the Privacy Act generally won’t apply, unless what they collect or how they use it would be highly offensive to a reasonable person. If it’s flown for a business, the Act applies, and the business should have a purpose, tell people and avoid unreasonable intrusion.

Filming into someone’s home, especially a bedroom or bathroom, can cross into criminal territory under the intimate recording laws. Repeated drone flights to watch or intimidate you can be harassment.

What to do

1. Note the date, time, and what you saw. Photograph or film the drone if you can do so safely.
2. If you know who’s flying it, ask them to stop. Many people don’t know the consent rule.
3. Report unsafe or unconsented flying to the Civil Aviation Authority. It’s an offence under the Civil Aviation Act to withhold information about a drone operator when an offence is alleged.
4. Call Police if you believe you’re being filmed somewhere private, or you’re being harassed or threatened.

Don’t try to bring a drone down. It’s an aircraft, and interfering with it can create safety and legal risks for you.