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From space junk to international treaties: NZ’s only specialised space lawyer

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Dr Maria Pozza is exploring a frontier of outer space that not many have ventured into before.

She is the country’s only specialised space lawyer – dealing with the contractual obligations of those leaving earth for both commercial and military intelligence purposes.

There’s no shortage of work these days but international law in this realm is still not clear.

Dr Pozza, the director of Gravity Lawyers, is often fielding calls from international space agencies and legislative development committees.

They can be on a whole range of issues, she said.

“So sometimes I get payload permits or launch licences and I also do quite a lot of work though in legal compliance, so that’s looking at space debris mitigation plans.”

Satellite monitoring agreements and biodiversity monitoring and detection might also cross her desk, she said.

“We use satellites for all sorts of biodiversity monitoring and as technology advances we’re going to get better at doing this.”

She will be speaking at this year’s International Conference of Women Engineers and Scientists, to be held in Auckland next month.

Space junk
Space junk was one of the issues currently being seen at the international level, she said.

The nation or nations which launched an object into space hold liability at the international law level, she said.

“So if there’s a piece of space junk, and let’s say it were to reenter the Earth and wash up on Australia’s beaches as recently happened, then we utilise a register that’s held at the international level and we’re able to then determine through various codes that might be on that piece of space junk who owns it.

“There’s obligations under international law that the nation who finds that bit of space junk must return it to the launching nation, or who it belongs to.”

Dr Pozza said it was likely that we would see even more space junk but she was heartened that many groups and United Nations bodies at the international level were looking at the issue and how to push better sustainability practices.

In Aotearoa, the Outer Space and High Altitudes Act required applicants to submit a space debris mitigation plan as part of their application, she said.

“So we’re going in the right direction but we’re seeing a lot more activity in space and we need to keep a really close eye on the potential increase in space junk.”

Space debris travelled at a very fast pace so even if it was very small it could potentially cause a lot of damage, she said.

Too much space debris could also cause a security issue because it prevented other nations from accessing outer space, she said.

Where does space start?
Under international law there was no real demarcation that states could rely on when trying to define space versus aviation.

Aviation law was part of a nation’s sovereign claim when considering the sky, she said.

“So when you have an aeroplane flying through various nations, aeroplanes will call ahead and ask for permission to fly through – they will usually say maybe ‘we’re a commercial airline and we’re flying through with passengers’. They get access to those other nation’s air space to continue their flight path.”

But space could not be claimed by a nation and was open to anyone who could get there, she said.

There was a problem in determining the line between where aviation and sovereign air space ended and where outer space began, she said.

The space law in Aotearoa did deal with outer space activities which usually meant rockets, but it also had high altitude licences which dealt with things like high altitude drones or balloons which were at about 60,000 feet, she said.

“So our space act does actually cover those very high altitude areas and beyond.

“But are we still going to see an internationally defined demarcation line? I don’t know.”

Domestic v international laws
Dr Pozza said it was important to consider that international law applied to nation states, but not usually to private companies or individuals.

“So that means then that if a nation state signs up to a piece of international law, the obligation is on them to ensure that they’re complying with their obligations through their own domestic legislation.”

New Zealand has space law, while Australia and the United Kingdom have both recently updated their space law, she said.

“But what we can find sometimes is we get differences in domestic jurisdictions obviously through the different types of domestic space law in place.”

That could create differences, for example New Zealand had both high altitude licences and outer space licences but in Australia they only had outer space licences, she said.

This meant that nation states might be adhering to their international legal obligations in very different ways, she said.

Private entities that were launching into space were subject to the national laws that were in place in the country that they were launching from to govern their activities in outer space, she said.

“And that would include things like launches, pay loads which may include satellites for example, so they’re going to be subject to the national legislation within the launching state.”

International law
There are five major multilateral treaties pertaining to outer space which deal with a range of issues such as rescuing astronauts, peaceful purposes in space and no sovereign claim or no appropriation of space.

“They’re very very broad, they deal with a lot of things and they also address liability of nations when things go wrong,” Dr Pozza.

But she said those international treaties were drafted during the Cold War and so were subject to Cold War constraints.

“For example we don’t have very good definitions in those treaties as to what does and what does not a peaceful use of outer space.”

There was an argument the treaties needed to be updated with emerging technologies changing the way that space was used, she said.

“We’re seeing a lot more space actors, not just nations though, we’re also seeing a lot more private entities that wish to utilise space.”

But it was very difficult and long winded process to implement international law due to the number of countries that had to be consulted, she said.

There was more reliance on “soft law” because it was so difficult to get international laws through and that included things like the European Union’s code of conduct on space debris or regulations put through by UN organisations, she said.

VIA RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Parliamentary Service working on extra chairs and offices for increased number of MPs

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The chief executive of the Parliamentary Service is confident there will be enough room to accommodate the increased number of MPs and their staff coming into Parliament.

On current numbers, up to 131 MPs could be sitting in the Chamber following the election, brought on by a record overhang result.

Clerk of the House of Representatives Dr David Wilson told the Spinoff that currently the debating chamber had enough chairs to seat 124 MPs – including the Speaker of the House – and work was being done to accommodate more by altering the seating arrangement.

In a statement, Parliamentary Service chief executive Rafael Gonzalez-Montero said planning for a larger Parliament had been going for “some time”.

“Now that the election results have confirmed an increase to the number of members we are looking at several options.

“We are confident we will be able to accommodate all members within the Chamber.”

Chief Executive of the Parliamentary Service Rafael Gonzalez-Montero appears before select committee.
Parliamentary Service chief executive Rafael Gonzalez-Montero.

VNP / Phil Smith

Gonzalez-Montero said office accommodation for members and their staff would be “stretched” for a short time, but the new Members’ Building was only a few months away from “practical completion”.

That building – located behind Parliament – was due to be ready to occupy in April next year and had capacity to accommodate around 30 backbench MPs.

“All members should be in fit-for-purpose accommodation from that point,” Gonzalez-Montero said.

Following the 2023 election, 123 MPs sat in the Chamber – a record number at the time. That decreased to 122 following the resignation of National MP Judith Collins.

Collins held the seat of Papakura and stepped down in May and Parliament voted against holding a by-election because it was too close to the election.

The election result also meant high-ranking National Party MPs like Chris Bishop, Paul Goldsmith, Nicola Willis and Gerry Brownlee – Speaker of the House and an MP for 30 years – would likely not make it back into Parliament.

Only resigning or retiring MPs were permitted to give a valedictory speech meaning none of them would get the chance to give a valedictory statement.

Asked if their would be special allowances for valedictories, Wilson said in a statement that normally only MPs were allowed to speak in the House but the House could suspend its own rules or temporarily alter them.

“It could do so to allow former members to address the House.”

Wilson said no such arrangements could be made until the next Parliament opened and members sworn in.

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