This article was originally published on The Conversation. The publication contributed the article to Space.com's Expert Voices: Op-Ed & Insights section.
New Zealand's space sector has been developing rapidly since the first rocket took off in 2017. It now contributes around NZ$1.7 billion in revenue, with plans to grow to $10 billion by 2030.
Last year, New Zealand hosted seven rocket launches, all of them operated by the locally-owned, US-listed Rocket Lab. In response to Rocket Lab’s initial proposal for a launch site, New Zealand developed a regulatory system from scratch in less than two years to meet its obligations under international law.
All launching countries must register all objects they send into space and continue to monitor them to ensure that no damage or loss occurs to other countries' objects or activities. They also have a responsibility to compensate for any damage.
Countries must also prevent contamination of outer space and the Earth's environment, and ensure that space activity does not interfere with other countries' rights to free access and participation.
A 2020 review of New Zealand’s space legislation concluded that the regulatory regime was generally fit for purpose, but raised substantial concerns about the regulation of new technologies, including satellite constellations and miniature satellites.
The recommendations led to a broader consultation on New Zealand's space policy and aerospace strategy, which was met with a backlash over the absence of Māori voices on the particular concern of light pollution from space.
The commercialization of space
A 2019 report found that New Zealand’s space industry is almost entirely driven by commercial activity, characterised by a mix of startups and entrepreneur-led and privately funded companies.
The country's space legislation is well suited to the rapid development of the space industry, particularly the commercial and business sector.
However, there is growing awareness of the impact of light pollution on the Earth's environment and ecosystem, human health and astronomy.
Although urbanization and the indiscriminate use of artificial light are among the culprits, activities in space are another important source of light pollution.
Every time a satellite is placed in orbit, its reflective surface increases the ambient brightness of the night sky. By 2021, human activity in outer space had caused a 10% increase in the brightness of the night sky compared to illumination from natural sources.
While the space law review focused more specifically on satellite constellations and associated light pollution, all satellites are part of what is a cumulative problem: individual countries, acting independently, collectively contribute to worsening light pollution.
The dark skies of New Zealand
The big concern is that light pollution interferes with the interests of other countries trying to study outer space. Increased pollution is obscuring observational astronomy and contaminating data with artificial light flashes and rays.
The increasing brightness in the night sky is of particular concern to Maori and other indigenous communities whose knowledge systems depend on unaided visual access to the stars.
With 14 astronomical observatories and seven 'dark sky sites' recognised by Dark-Sky International, New Zealand has a national interest in addressing the regulation and mitigation of light pollution.
The country's bicultural foundation is protected by the obligations of the Treaty of Waitangi, which recognises the unique relationship Māori have with the night sky and the mātauranga (knowledge) it contains.
The sunrise of Matariki, the star cluster also known as the Pleiades, has been celebrated as a public holiday since 2022 in recognition of the event's significance to Māori and the nation.
Regulation must address light pollution
As a launching State, New Zealand must give due consideration to the interests of other States in participating in the exploration of outer space, regardless of economic or scientific advancement.
While New Zealand is a relatively new country to satellite launches, it is an attractive destination. How New Zealand approaches satellite licensing can help guide binding conduct that develops in international law.
There is a tension between the national interest in maintaining dark skies and the economic value of the space industry. Imposing overly stringent licensing requirements will inevitably deter potential companies from launching their rockets from New Zealand.
The flip side is that without some requirement for companies to address how their satellites contribute to light pollution, there is no market force driving innovation in this area.
Some private commercial players have attempted to mitigate the impact of their satellites, but these efforts have largely remained underdeveloped. SpaceX's efforts to reduce the impact of its megaconstellations have proven ineffective.
The nature of the new space age, which began in 2004 with a competition to boost private spaceflight, ensures that private companies are more motivated to develop technology that will reduce costs in the long term. Without a strong change in the regulatory environment, there is no real impetus to invest in technologies that mitigate light pollution.
As New Zealand continues to develop a regulatory framework, the issue of light pollution must be taken seriously. Indigenous voices are important because traditional astronomical knowledge is fundamental to the recovery and continuity of Indigenous knowledge.