One of Queenstown's leading jet-boat companies has been ordered to pay more than $62,000 to a competitor following an Environment Court costs decision.
Judge L. Newhook's decision, dated February 22, orders KJet to pay $62,406.41 to Queenstown Water Taxis (QWT) Limited, relating to an Environment Court appeal by the former in 2014.
KJet appealed a variation of two existing QWT consents, to change the boat type and amend capacity to 34 passengers per trip, and a land-use consent to operate on the Lower Shotover River from the Kawarau River confluence to Tuckers Beach, to the Environment Court, which ultimately found in favour of QWT with costs reserved.
QWT had since sought $51,686.41 from KJet and $15,764.56 from the council, submitting if the court did not make the award against the council, KJet should pay $67,450.97.
The council sought for KJet to pay $21,165 - half the cost of the legal fees incurred - and $720, part of the fees for one witness.
The remainder of the fees for that witness, $2040, it sought to recover from QWT.
All parties were opposed to the respective cost applications.
However, Judge Newhook said in the context of the case ‘‘a higher than usual award of costs against KJet is justified''.
‘‘KJet made submissions that it had narrowed the issues and made significant efforts towards assisting the court to achieve a significant and efficient hearing.
‘‘I agree that this might appear to be the case at first blush ...
‘‘However, this overlooks the central point before me now, the flaws in KJet's case, particularly in relation to the key issue of safety.''
Judge Newhook said KJet's safety evidence fell ‘‘woefully short'' and, ultimately, the safety issues were resolved ‘‘resoundingly'' in QWT's favour.
KJet was also ordered to pay $21,885 to the council, while the council was ordered to pay $5200 to QWT.
Meanwhile QWT was ordered to pay $2040 to the council.
‘‘Any of these awards may be enforced, if necessary, in the District Court at Queenstown,'' the decision said.
