This article was originally published on The Conversation. The publication contributed the article to Space.com's Expert Voices: Op-Ed & Insights.
New Zealand's space sector has been developing rapidly since the first rocket was launched in 2017. The sector now generates revenues of around NZ$1.7 billion, with plans to grow to $10 billion by 2030.
Last year, New Zealand hosted seven rocket launches, all by the US-listed but locally-based company Rocket Lab. It was in response to Rocket Lab's initial proposal for a launch site that New Zealand spent less than two years developing a regulatory system from scratch to meet its obligations under international law.
All launching countries must register and monitor each object they send into space to ensure that no damage or loss occurs to the objects or activities of another country. They also have the responsibility to compensate for damage.
In addition, countries must prevent the contamination of space and the Earth's environment, and ensure that space activities do not infringe on the rights of other countries to free access and participation.
A 2020 review of New Zealand's space legislation found the regulatory regime was largely fit for purpose. But it raised substantial concerns about the regulation of new technologies, including satellite constellations and miniature satellites.
The recommendations led to wider consultation on New Zealand's space policy and strategy, prompting a backlash against the absence of Māori voices on the specific concerns about light pollution from space.
The commercialization of space
A 2019 report found that New Zealand's space industry is almost entirely commercially driven, with a mix of startups and entrepreneur-led, privately funded companies.
The country's space legislation is well suited to the rapid development of a space industry, especially the commercial and entrepreneurial sectors.
However, there is increasing awareness about the impact of light pollution on the Earth's environment and ecosystem, human health and astronomy.
Urbanization and the thoughtless use of artificial light are among the culprits, but space activities are also a major source of light pollution.
With each satellite placed in orbit, the reflective surface increases the ambient glow of the night sky. In 2021, human activity in space led to a 10% increase in the brightness of the night sky compared to illumination from natural sources.
Although research into space law has focused more on satellite constellations and their associated light pollution, all satellites are part of a cumulative problem: individual countries, acting independently of each other, collectively contribute to worsening light pollution.
The dark skies of New Zealand
The big concern is that light pollution is interfering with the interests of other countries that want to study space. Increasing pollution is clouding observational astronomy, polluting data with artificial flares and streaks.
The emerging glow in the night sky is of particular concern to Māori and other indigenous communities, who rely on visual access to the stars for their knowledge.
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 reduction 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) contained within it.
The rising of Matariki, the star cluster also known as the Pleiades, has been celebrated as a national holiday since 2022, in recognition of the event's importance to Māori and the country.
Regulations must tackle light pollution
As a launching state, New Zealand must take into account the interests of other states to participate in space exploration, regardless of economic or scientific progress.
Although New Zealand is a relatively new launch nation, it is a sought-after destination. The way New Zealand handles satellite licensing could help guide the binding behavior that is developing in international law.
There is a tension between the national interest in maintaining dark skies and the economic value of the space industry. Being too prescriptive with licensing requirements will inevitably deter potential companies from launching from New Zealand.
The downside is that there is no market force to stimulate innovation in this area, as long as companies are not required to address the contribution of their satellites to light pollution.
There have been some attempts by commercial private parties to limit the impact of their satellites. But these efforts have remained largely underdeveloped. Attempts by SpaceX to limit the impact of its mega-constellations have been ineffective.
The nature of the new space age, launched by a 2004 competition to boost private space travel, means that private companies are more motivated to develop technology that will reduce costs in the long run. Without a major shift in regulation, there is no real incentive to invest in technologies to reduce 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 continuation of Indigenous knowledge.
