Strained relations between two Queenstown tourism operators came under the spotlight in the Environment Court yesterday.
Ziptrek Ecotours appealed to the Environment Court in 2011 against a Queenstown Lakes District Council decision granting resource consent for 3160 landings per year at a council-controlled helipad on Bobs Peak.
The helipad, which had been operating without consent since the mid-1970s, is in the Ben Lomond recreation reserve above the Queenstown town centre, next to the Skyline Enterprises gondola and restaurant complex.
Ziptrek also operates from Bobs Peak and has concerns about safety and noise issues associated with increasing use of the helipad.
Skyline Enterprises was initially a section 274 party to the council's application for resource consent for the helipad.
However, in August last year the council advised it did not want to pursue the application and Skyline became its successor.
Court-assisted mediation has been unsuccessful in resolving the Ziptrek appeal and the Arthurs Point Protection Society and Clive Manners-Wood have since joined as section 274 parties.
Under questioning in the Environment Court in Queenstown yesterday from Dr Royden Somerville QC, representing Ziptrek, Skyline chairman Mark Quickfall said it had ''not been a happy camp'' between Ziptrek and Skyline before he joined the Skyline board in 2012.
His efforts to improve relations had failed.
''Historically, the operators in Queenstown work very well together. It's a little bit sad in this case that the relationship's not as good as it could be.''
The two companies have had an ongoing dispute over use of the reserve.
Dr Somerville asked Mr Quickfall if Skyline would reconsider placing signage at the top of the gondola directing visitors to the Ziptrek operations to stop them ''milling around'' by the helipad, a request previously declined by Skyline.
Mr Quickfall said other Bobs Peak businesses also lacked signposts, including Skyline's own restaurant.
''If it's relevant to safety, my answer is we would consider it. But if it's simply to direct people to Ziptrek, I'm not sure why we would do that ahead of AJ Hackett [bungy] or ... our own operations,'' Mr Quickfall said.
Dr Somerville said the helipad appeared to lack Civil Aviation Authority safety documentation which could prevent the court granting consent.
''The court hasn't got before it a safety assessment by the expert body at all when it's mandatory by law that it should have been done and should be in front of the court,'' Dr Somerville said.
''My concern at the moment is that the helipad is being operated unlawfully.''
Judge Jon Jackson said based on the High Court's instructions around safety documentation issues raised in other cases - the Environment Court should have ''got on with it'' rather than adjourning hearings - he was reluctant to consider Dr Somerville's concerns before final submissions.
''If your argument does succeed then it's possible the hearing would have been a waste of time ... but I think now everyone's here we should just carry on,'' Judge Jackson said.
A site inspection was carried out at Bobs Peak yesterday afternoon.
The hearing continues today.
