A Queenstown helicopter company director may seek High Court action to remove a building on a neighbouring property he says was erected in breach of an agreement and has caused problems for his helicopter operations.
Totally Tourism managing director Mark Quickfall made this clear late yesterday afternoon near the end of his company's three-day resource consent application, before commissioners John Matthews and Leigh Overton, for helicopter operations at Arthurs Point.
The building in question was that of Onsen Hot Pools, operated by Tony Williams, who made a late submission opposing Totally Tourism's application.
Mr Quickfall's assertion followed an earlier statement at the opening of the hearing by his counsel Michael Parker who on Monday said it was "highly likely [the building is going to be removed ] unless there can be some sensible resolution".
The suggestion of High Court action late yesterday afternoon came after a lengthy consideration in the morning by the commissioners on whether to accept the late submission from Mr Williams.
While Mr Williams's submission was subsequently accepted, the commissioners limited it to consent issues and excluded grievances between the two neighbours. After three days of the hearing, Mr Matthews was adamant that, should the consent be granted, strict controls would have to be in place to ensure the company adhered to its conditions, especially related to noise.
"Anything granted must have very clear teeth and be understood by all concerned," he said.
By the end of yesterday, it was neither clear what those noise control conditions might be, nor why the commissioners had requested further information be lodged before they considered the application.
The Arthurs Point Community Association, represented at the hearing by resident Simon Beale, rejected a proposal from Mr Matthews to form a liaison committee to work with Totally Tourism in sorting out noise concerns.
That rejection mirrored ongoing tensions evident during the hearing between Arthurs Point submitters and Totally Tourism over operations at Arthurs Point, where those opposed maintained the helicopter company was frequently breaching its consent.
Photos produced yesterday by resident Darryl Cooper allegedly showed a "serious breach" last Saturday when a helicopter flew over his house.
In reply to submissions, managing director of Totally Tourism Mark Quickfall said there were no clear guidelines on the number of flights allowed under their consent and invitations to meet the residents had never been taken up.
However, in conclusion, Mr Quickfall maintained the company could work with the residents.
"It is my belief that with the proposed [noise] management plan in place and goodwill, an improved result can be achieved, opposed to the status quo."
