Legality of real estate agent flying drone over neighbouring properties?

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gbwelly

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#323504 9-Dec-2025 17:11

On Thursday my partner was hearing a lot of people line trimming round the neighbourhood. But when a number of them stopped it became evident that a lot of the noise was coming from the back yard. Well, there was a drone hovering at about 4 metres off the ground. After being told in a loud voice to bugger off, the drone sped away to the back right of the property, up the slope and over the trees at the back of the section.

Well, the same day a big yellow for sale sign had been erected. Surprise, there are a bunch of drone photos of the house behind us on the listing. None are taken from our property (not that you could even see the house from ours due to the trees). But they have obviously been taken from above someone else's property.

I know it's unprovable that the drone belonged to the real estate agent (or his contractor) but I think we all know who was having a good old snoop round my backyard.

Is that illegal?

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#3442044 9-Dec-2025 17:17

Were they actually on/over your property? Or were they just over the neighbours property. You could contact the council to see if they had got permission, as councils often require permission to fly on public land. I would think that agents would contract out the work to a pro, rather than DIYing the drone photography.

If they were on your property, they must get permission from you as per the rules at https://www.aviation.govt.nz/drones/regulations/part-101-rules-for-drones/#Where-can-you-fly

Stu1

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#3442050 9-Dec-2025 17:57

I questioned harcourts real estate on this as they basically showed half the suburb on trade me. They advised their operator was licensed even then still breached the CAA rules. There is not much you can do the privacy office fob it off to the CAA and they do nothing either .

mattwnz

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#3442054 9-Dec-2025 18:09

Stu1:

I questioned harcourts real estate on this as they basically showed half the suburb on trade me. They advised their operator was licensed even then still breached the CAA rules. There is not much you can do the privacy office fob it off to the CAA and they do nothing either .

I am sure a complaint to the CAA will look into it if the operator is able to be identified. You can usually tell from a drone photo if it is over a property or not. They can't just dismiss complaints...

Stu1

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#3442067 9-Dec-2025 18:28

mattwnz:

Stu1:

I questioned harcourts real estate on this as they basically showed half the suburb on trade me. They advised their operator was licensed even then still breached the CAA rules. There is not much you can do the privacy office fob it off to the CAA and they do nothing either .

I am sure a complaint to the CAA will look into it if the operator is able to be identified. You can usually tell from a drone photo if it is over a property or not. They can't just dismiss complaints...

They were pretty dismissive they checked the license that’s about it . The real estate agents don’t care didn’t think privacy was a concern . I just gave up the house was sold so came off trade me eventually . On the plus side makes it easy for the council to issue pool fencing notices . They just need to search local houses for sale

Oblivian

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#3442223 10-Dec-2025 08:48

Believe you will find granting a 102 licence can include parameters that Trump 102 rules. That's kind of the point behind it. Not just Joe public as you had to pay for it and show competency and handling of what's captured for commerical use.

MikeB4

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#3442226 10-Dec-2025 09:14

If it was above our property a well directed blast of water from the garden hose would deal with it. If in reach drone pinata is another persuader. Of course I would never condone this form of action.

Here is a crazy notion, lets give peace a chance.

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clicknz

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#3442229 10-Dec-2025 09:56

Having used my drone to capture quite a few houses (photos & video) for either private sale, real estate agents or businesses promoting their services - I ask the residents/business owners to check with neighbours that they are OK with a drone being in the air. Sometimes I don't think they bother... or I'm working at short notice, so it may not happen... but I can assure anyone that a drone operator doesn't have time or interest in 'snooping around' anyone's back yard. We always try to stay above the property lines of the place we're dealing with, but there are times when we need to back the drone up at an angle to get the view of the building... so may cross a boundary. The camera will be directed towards the property of interest, plus it's a very wide angle of view that most drones capture, so not very invasive. Anyone sitting in a van with a telephoto lens will be able to be far more invasive if that's what people are concerned about.

Most drone operators just want to capture the relevant photos or video they are concerned with and move on.

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Mike

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xpd

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#3442234 10-Dec-2025 10:22

clicknz:

Most drone operators just want to capture the relevant photos or video they are concerned with and move on.

Yup, more jobs you can do in a day, the more $$ :)

XPD / Gavin

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#3442246 10-Dec-2025 11:20

We've had police respond to a drone complaint, but that was obviously scouting backyards and from a property well known to police.

In terms of privacy, eh if the neighbours are peeking that's for them to come to terms with

cddt

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#3442250 10-Dec-2025 11:35

clicknz:

but I can assure anyone that a drone operator doesn't have time or interest in 'snooping around' anyone's back yard.

So it's ok to fly drones anywhere as long as the operator doesn't have any interest in 'snooping around'? Is that what the CAA says?

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clicknz

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#3442252 10-Dec-2025 11:45

The CAA says that the operator needs approval from any property owners that will be on the flight path of a drone. Obviously this doesn't always happen.

Yes, you can call the CAA, the Police, a lawyer... but lets think about what's actually going on, whether there are nefarious reasons for a drone in the sky, whether any harm might be intended and whether there's a better way to deal with the situation.

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Mike

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cddt

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#3442353 10-Dec-2025 14:22

It's a bit like the attitude some have towards speeding, right? "No one was harmed, therefore it's ok."

It's about expecting operators to follow all the rules, not just the ones which they think are important, or they think mitigate a risk.

Some operators don't care about getting permission to fly over private property, because they think there's no risk. Some operators flout the blanket bans on drones in places like Cornwall Park, because they think there is no risk. Some operators fly drones around the Sky Tower during the NY fireworks to take a video, because they think there is no risk.

The rules were put in place because of both known risk and public concern. If drone operators think the rules are too onerous, "ignore the rules" is not the correct solution.

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Tinkerisk

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#3442462 10-Dec-2025 18:02

We require a flight log to be kept for commercial drone flights. In addition, every drone weighing more than 250g OR equipped with a camera must have a registration plate printed on the drone.

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Tinkerisk

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#3442466 10-Dec-2025 18:12

Flying over private property requires the permission of the property owner. If the drone takes off and lands on the same property without leaving it‘s corridor, the consent of the neighbours is not required. This also applies if a special official permit is presented.

But: if the drone is spying on neighbours or poses an immediate danger, the police are responsible. You should not attack the drone yourself, as this will result in claims for damages from the drone owner, even if the flight was illegal (this is dealt with separately and constitutes a separate case).

ref: Aviation law here in Germany.

Oblivian

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#3442493 10-Dec-2025 19:22

Some operators don't care about getting permission to fly over private property, because they think there's no risk.

Bit of laser focus on 101 here. But 102, is what you get when you want to fly outside 101 rules. Including needing to ask permission. Exemptions are approved on application.

Drone operators who want to fly an uncrewed aircraft outside of the Civil Aviation Part 101 rules – such as operating unshielded at night, flight over property with prior notification, or with an aircraft that weighs more than 25kg – can legally operate with a Part 102 uncrewed aircraft operator certificate.

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