The Civil Aviation Authority is continuing to investigate 24 helicopter safety and maintenance "incidents'', some of which have been described by a High Court judge as serious and dangerous defects. Business reporter Simon Hartley delves further into the dispute between tourism operator The Helicopter Line and aircraft owner and lessor Airwork Holdings.
The Civil Aviation Authority has reviewed a recent High Court judgement and will investigate a further 24 incidents involving Airwork Holdings spanning 2008-13, some of which may have exposed passengers and crews to unacceptably high levels of risk.
Most of the incidents have already been investigated by the Civil Aviation Authority (CAA) but, following an Official Information Act request by the Otago Daily Times, the CAA has said it is looking into the allegations further.
A spokesman this week said the CAA had reviewed the High Court judgement and "the Director of Civil Aviation has asked the general manager for air transport and airworthiness to investigate the incidents listed in the judgement to ensure any outstanding safety issues have been resolved''.
The issue is far from straightforward, with its beginnings based on legal obligations of contract law, after The Helicopter Line cancelled a contract.
The High Court's decision gave a detailed account of the 24 incidents.
The Helicopter Line technically lost the case brought against it by Airwork Holdings and was ordered to pay more than $2 million, and unspecified interest, to Airwork.
At one point Airwork and The Helicopter Line were claiming and counter-claiming $16 million and $5 million respectively.
The judge had noted The Helicopter Line could not be discharged from its liabilities under the contract with Airwork but later noted he was satisfied Helicopter Line directors were justified in deciding there was too much risk to its pilots, passengers and business to continue using Airwork helicopters.
The 24 incidents the judge cited ranged from maintenance tools being left in aircraft, helicopter blades being incorrectly matched into sleeves and bolts missing from an assembly atop the rotor blade through to the illegal use of ex-military blades.
When Airwork's chief executive Chris Hart was contacted for comment the ODT was told he was headed overseas and would not be making any comment. Questions were subsequently emailed to an Airwork spokesman.
The CAA was asked if it would agree, or disagree, that a non-aviation member of the public could be alarmed about the safety concerns raised in the 24 incidents cited by the judge.
The CAA responded by noting the word "incident'' had a "wide definition'' and could encompass minor issues.
"In every aviation-related operation there will be incidents but the important point is that these [incidents] are fully reported and appropriately dealt with before they actually pose a risk to safety,'' the CAA said.
Given the number of incidents, the CAA was asked what enforcement action, if any, Airwork had faced during the past five years.
It said "enforcement action'' could include a formal warning, infringement notice or prosecution.
"There is no CAA record of any of these actions,'' having been taken against Airwork.
When asked if there were any outstanding complaints about Airwork, or any of its subsidiaries, the CAA spokesman said there was "one aviation-related concern'' which was in the "assessment'' stage.
He was unable to provide further details on that concern.
He said between 2010 and 2016 3522 ‘‘aviation-related concerns'' were reported around the country; averaging 531 each year.
"Of these [3522], 13 relate to Airwork,'' the CAA spokesman said.
When asked what censures, if any, The Helicopter Line had faced during past five years, the spokesman said the CAA was "currently prosecuting'' The Helicopter Line for alleged offences under the Health and Safety in Employment Act 1992 but again was unable to give further details when asked.
Skyline Enterprises chairman Mark Quickfall said as the investigation of the alleged offences was under way, he could not comment but he would "be happy to do so'', once it was completed.
Who are the players
• The Helicopter Line: subsidiary of Totally Tourism, both ultimately owned by listed tourism company Skyline Enterprises. Leased a tourism helicopter fleet of eight aircraft from Airwork Holdings for 20 years, but cancelled the contract in 2013. Chairman of Skyline Enterprises is Mark Quickfall.
• Airwork Holdings is a NZX-listed company, and under its fleet expansion programme plans to have 19 Boeing 737s by mid 2017. Operations included a Queenstown-based aviation maintenance team. Airwork's chief executive is Chris Hart.
• The High Court finding: Following The Helicopter Line cancelling a lease contract with Airwork early, the High Court ordered Helicopter Line to pay Airwork more than $2 million, and unspecified interest. The May 16 judgement has since been appealed by Airwork.
The incidents
The 24 incidents were reported between 2008-13 against Airwork, mainly by The Helicopter Line.
• The CAA was asked by the ODT to outline each incident and action applied.
• CAA was notified of 14 of the 24 incidents; nine were reported as defects, four as incidents and one as an ‘‘aviation-related concern*''.
• CAA action over the 24 incidents? Work requests raised within CAA for nine of 14 incidents, meaning they were subject of further CAA investigation; of which three had "findings, causes and corrective actions assigned''.
• The CAA said in eight of the 24 incidents, engineering descriptions were provided, detailing mechanical causes and remedial work carried out.
SOURCE: CAA
