Regulating for Disruption: A Case Study of the Outer Space Law Reform

Abstract

Technology is changing the world faster than ever before, and many conventional industries are at risk of being disrupted. If New Zealand wants be successful in a changing environment, it needs to be prepared to facilitate more innovative and technologically intensive industries. This paper considers the law reform process that has sought to develop a framework for a commercial launch industry in New Zealand. By using this process as a case study, some broader insight is provided into how effective New Zealand’s law reform process is at regulating for disruption. This paper begins by telling the story of Rocket Lab and Peter Beck in order to demonstrate why this reform was necessary. It then considers several discrete elements of the law reform process such as: the framing of the outer space reform, the incorporation of bilateral and multilateral treaties, regulation through contract and integration of the outer space reform within New Zealand’s environmental law framework. This paper discusses some of the unique and innovative approaches that characterise this reform. It also criticises a few elements of New Zealand’s law reform process and considers how they can be improved.