In Series 6 of the Digital Download: Looking to 2025 and beyond, we discuss the key legal and regulatory developments we can expect to see in the tech space in 2025, in relation to space and advanced aviation tech, gene tech, cyber, privacy, AI, governance, and data and biometrics.
Epsiode One: Timeline of Expected Regulatory Developments in the Technology Space
Welcome to the Digital Download. In this Digital Download: Looking to 2025 and beyond, we discuss the key legal and regulatory developments we can expect to see in the tech space in 2025 and beyond. In this series, we cover:
- Consumer Data Right;
- Space Tech;
- Biotech;
- Cybercrime;
- Cyber Security;
- Privacy Act Amendments;
- AI; and
- Biometrics.
Episode One: Timeline of Expected Regulatory Developments in the Tech Space
We're kicking off in this episode with a snapshot of what's to come.
Topic |
Key developments |
Key Dates |
|
Consumer Data Right |
The Select Committee deadline to provide its report on, and recommend changes to, the Consumer and Product Data Bill is 23 January 2025. The Government expects the Bill will be passed into law in early 2025, establishing a consumer data right in New Zealand.
If the CDR regime is enacted the open banking regulations are intended to come into force in December 2025, at which time ANZ, ASB, BNZ and Westpac will be designated under the CDR. Kiwibank will follow in June 2026, and any other New Zealand banks may participate if they wish.
|
January 2025: Deadline for Select Committee report on Bill, including any recommended changes to Bill.
Early 2025: Bill expected to be passed into law and Government is expected to decide whether the banking and electricity sectors are to be designated in scope.
December 2025: Banking regulations and standards will come into force. ANZ, ASB, BNZ and Westpac will be designated under the CDR.
June 2026: Kiwibank will be designated under the CDR.
During 2026: If the electricity sector is designated as in scope of the CDR, electricity regulations and standards will be rolled out. |
|
Privacy Act Amendments
|
Modernisation of the Privacy Act has been flagged as a priority by the Office of the Privacy Commissioner. At this stage, there is no indication of a major reform but two Bills containing smaller amendments are underway.
If the Privacy Amendment Bill is successful, it is expected to bring a new privacy principle into force on 1 June 2025.
Submissions on the Statutes Amendment Bill close on 4 December 2024, and if successful, will make minor technical amendments to the Privacy Act also in the first half of 2025. |
Privacy Amendment Bill
June 2025: Privacy Amendment Bill expected to be passed into law and new IPP 3A to be in force.
Statutes Amendment Bill
December 2024: Submissions close on Statutes Amendment Bill.
First half of 2025: Statutes Amendment Bill expected to be passed into law. |
|
AI |
As mentioned in our last series, the Cabinet Office has indicated that New Zealand's approach to AI will not involve the creation of an AI Act. Instead, it intends to take a light touch, risk-based approach to AI regulation and leverage existing regulatory mechanisms.
As part of that 'light touch' approach, Minister Collins announced in October that public consultation on a national AI strategy is planned for 2025.
We’ll look at the other steps the Government is taking on AI in episode 4. |
During 2025: Possible public service agency cross-portfolio AI work programme.
During 2025: Public consultation on a national AI strategy.
|
|
Cybercrime
|
Public submissions are currently being sought on the Budapest Convention and Related Matters Legislation Amendment Bill, which proposes to align New Zealand's computer-related offending legislation with the Budapest Convention.
If enacted, it will enhance New Zealand's ability to work with other countries signed up to the Convention on cybercrime investigations and ensure our cybercrime offences are aligned to the Convention's standards.
The closing date for submissions on the Bill is 28 November and the Select Committee report is due in April next year. If enacted, the Bill is expected to be passed into law by in October 2025. |
Budapest Convention and Related Matters Legislation Amendment Bill
November 2024: Submissions on Bill close.
April 2025: Select Committee report is due.
October 2025: Final date that Bill is expected to be passed into law (to the extent not passed earlier by an Order in Council). |
|
Space Tech
|
In September 2024, Minister Collins launched the refreshed New Zealand Space and Advanced Aviation Strategy.
In connection with that strategy, the Government has committed to having a world-class regulatory environment for space and advanced aviation by the end of 2025.
We'll take a deeper diver into space tech in episode 2. |
September 2024: New Zealand Space and Advanced Aviation Strategy launched.
End of 2025: New world-class regulatory environment for space and advanced aviation to be in place. |
|
Biotechnology
|
In August 2024, Minister Collins announced the Government's intention to pass legislation ending what has been a 30-year ban on gene technology outside the lab.
Draft legislation is to be introduced into Parliament by the end of 2024 with the legislation passed and a regulator appointed by the end of 2025.
We'll discuss the new gene tech legislation in more detail in episode 3. |
Gene Technology Legislation
August 2024: Announcement that ban on gene technology outside of the lab will be lifted.
December 2024: Draft Gene Technology Bill to be introduced into Parliament.
December 2025: Gene technology legislation passed and regulator in operation. |
In the upcoming episodes, we are going to be taking a deeper dive into some of these developments, starting with space tech next week.
Episode Two: Space and Advanced Aviation Tech
In this episode, we take a closer look at how space and advanced aviation technology are governed in New Zealand, and changes we expect to see in 2025 and beyond.
What is Space and Advanced Aviation Tech?
Space technology is any technology used in or for outer space such as satellites. Advanced aviation technology refers to aviation that is new or has not been certified or approved before.
Together, they are essential to many everyday services which we rely on such as navigation, communication, environmental monitoring, national security, disaster relief and weather forecasting.
How are these technologies governed in New Zealand?
Space Technology: The use of space from New Zealand is regulated by the Outer Space and High-altitude Activities Act, and the lead government agency responsible for any space activity is the New Zealand Space Agency.
Advanced aviation: Advanced aviation, like traditional aviation, is regulated in New Zealand by the Civil Aviation Act and administered by the Civil Aviation Authority.
New Zealand's Space and Advanced Aviation Strategy
In September 2024, Minister Collins launched the refreshed New Zealand Space Strategy. The mission of that Strategy is to double the size of New Zealand's space and advanced aviation sector by 2030.
The aim is for New Zealand to be seen as a globally competitive hub for the sector and, as part of this plan, the Government intends to build a world-class regulatory environment for space and advanced aviation.
What changes are coming in 2025?
The Minister of Space and the Minister of Transport have both confirmed that, by the end of 2025, changes will be made to our regulatory environment, positioning New Zealand as a location of choice.
We understand that the proposed changes will be to:
- improve the effectiveness of the Outer Space and High-altitude Activities Act, and future proof the regime; and
- introduce a new Civil Aviation Rule to enable advanced aviation innovators to easily and rapidly test technology and ideas. This will include the establishment of restricted airspaces for testing and a simplified approval regime during development.
Looking even further ahead
According to the European Space Agency, more than 13,000 tonnes of space objects are currently in Earth's orbit. New Zealand has signed the Zero Debris Charter to become debris neutral by 2030 and, in October, signed a blueprint with the UK space agency to collaborate on space debris removal as well as satellite refuelling and in-orbit servicing missions. As our reliance on the sector increases and the environmental impact becomes clearer, we expect stricter (and space-specific) ESG standards will develop to mitigate the effects.
As space mining becomes more feasible, international conversations will be sparked about who has the right to mine space and how land and resource rights in space should be managed.
In 2024, New Zealand's Space Agency strengthened its relationship with the US and UK space agencies and joined a US-led space initiative designed to coordinate space capabilities. More international cooperation is to come, especially as the Government intends for New Zealand to continue to advocate for effective international rules in space.
In the next episode, we will take a deeper dive into gene tech regulatory developments. We look forward to seeing you then.
Episode Three: Gene Tech
Welcome to the Digital Download. In this episode, we'll take a closer look at proposed developments in gene tech regulation.
What is gene technology and how is it currently governed in New Zealand?
Gene technology refers to a form of biotechnology used to perform genetic modification of living organisms.
Genetic modification has been banned outside of lab environments in New Zealand for nearly 30 years. Today, it is regulated by the Hazardous Substances and New Organisms Act, which was introduced into law in 1996.
There have been several calls for New Zealand to modernise its gene technology frameworks in recent years. Our current legislation is seen as outdated and not fit for purpose, since many of today's gene technologies (such as gene editing) didn't exist when these laws were created.
What is changing?
In August 2024, the Government announced that new legislation will be in force by the end of 2025 to allow for safe genetic modification in New Zealand.
Several overseas jurisdictions have already implemented gene technologies and related legislation, including Australia, the EU, England, Japan and the US.
The New Zealand legislation is intended to be modelled off Australia's gene technology laws.
A draft Bill is not yet available, but the media pack released to date indicates that the proposed law will:
- take a "hybrid approach", meaning some gene technologies can be exempted; and
- establish a regulator to assess and manage the risks of these technologies, including establishing both a Technical and Māori Advisory Committee.
The Hybrid Approach
New Zealand intends to take a similar "hybrid approach" as Australia has taken. This approach means that the higher the risk of the tech, the more stringent the regulation, with certain low risk gene tech activities being exempt from regulation altogether.
In New Zealand, it looks like activities will be classed by the regulator as "exempt" or "unregulated", "non-notifiable", "notifiable" and "licensed":
- "Exempt" or "unregulated" activities are low-risk gene editing techniques which produce changes indistinguishable from conventional breeding.
- "Non-notifiable" activities are very low risk activities such as CAR T-cell therapies and routine laboratory research.
- "Notifiable" activities are low risk and include research with laboratory animals.
- "Licensed" activities are the highest risk, including field trials, clinical trials and commercial releases. This final category will require assessment and approval from the regulator and, in some circumstances, public consultation.
The media pack released states that an initial list of non-regulated, low risk activities will be prepared and released early, so that companies and researchers can prepare, and these activities can begin as soon as the new legislation is introduced.
Next steps
The Government indicated that a Gene Technology Bill will be introduced to Parliament before the end of this year, with the legislation taking effect and regulator appointed sometime in 2025. Three groups have been set up to develop the legislation – a technical advisory group, a Māori focus group and an industry focus group. Due to the controversial nature of the subject matter and the wide input required, we won't be surprised if the introduction of the Bill into Parliament is pushed out until 2025.
Coming next week…
In our final episode of this series, we will take a closer look at what's on the horizon in AI, biometrics and cyber security. We look forward to seeing you then.