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Aviation – Drone operator sentenced for serious aviation safety breaches

Aviation – Drone operator sentenced for serious aviation safety breaches
Source: Civil Aviation Authority

A Napier man has been sentenced to 150 hours of community work after being found guilty of four charges relating to unsafe drone flights in controlled airspace near Napier Airport.

The defendant operated a DJI Mavic Air 2 drone on multiple occasions in 2023 within controlled airspace around Napier Airport without the required air traffic control authorisation. He was also found guilty of operating the drone carelessly and in a manner that caused unnecessary danger.

Civil Aviation Authority (CAA) Deputy Chief Executive Regulatory Enablement and Response, Gayle Holmes, says the case highlights the real risks unsafe drone use can create in an increasingly busy and shared airspace environment.

“It reinforces why drone rules exist and why every drone operator has a responsibility to understand the rules and operate safely.”

The Court heard evidence of the drone being flown thousands of feet above the legal height limit, beyond visual line of sight, in and above cloud cover, at night during a fireworks display, and while an aircraft was landing at Napier Airport.

This was not a case involving recreational drone use in a park or another low-risk environment. The offending involved repeated flights in airspace used by passenger aircraft, training aircraft, medical flights and other aviation operators.

Ms Holmes says our aviation system relies on people understanding and following the rules that keep everyone safe.

“Controlled airspace is carefully managed to protect aircraft, passengers and people on the ground, and unauthorised drone activity in these areas creates real risk. A collision between a drone and an aircraft has the potential to cause catastrophic harm.”

“We take a proportionate approach to regulation, which includes education and guidance. However, when there are clear breaches that create safety risks, enforcement action may be necessary.”

Drone operators, whether flying recreationally or commercially, should familiarise themselves with the rules before every flight. This includes requirements relating to airports, controlled airspace, height limits, maintaining visual contact with their drone, and getting authorisation when required.

Practical guidance is available on the CAA drones pages, including information on where people can fly, training options and pre-flight checks.

Details of charges

The defendant was convicted in the Napier District Court on 16 June 2026 on the following charges:

Under Section 57 of the Civil Aviation Act 1990, he was convicted and discharged for: operating an unmanned aircraft in controlled airspace without prior authorisation from the Napier air traffic control where the operation was not a shielded operation.

He was sentenced for the following charges:

  • Under Section 43A of the Civil Aviation Act 1990, for: operating an aircraft in a careless manner
  • Under Section 44 of the Civil Aviation Act 1990, two charges, for: operating an aircraft in a manner that caused unnecessary danger.

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