Maritime New Zealand (MNZ) has found there is "no significant safety risk" on the Kawarau River resulting from a second commercial operator gaining a non-notified resource consent, but have advised the Queenstown Lakes District Council to review its Resource Management Act (RMA) detail, to include the total number of craft operating on the river.
QLDC chief executive Duncan Field, at a full meeting in Queenstown yesterday, briefed councillors on the situation, which arose after Queenstown Water Taxis gained consent to access the Kawarau River.
Kawarau Jet has taken a judicial review of QLDC's consent processes to the High Court saying they should have been consulted before any new consent was granted because of potential safety risks on the river.
It also requested a stay on the consent issued to Queenstown Water Taxis through the High Court, pending the outcome of the MNZ investigation.
Mr Field said yesterday three independent experts looked at the situation on the river, including QLDC Harbour Master Marty Black - acting as an officer of Maritime New Zealand - and all three concluded the operation of more than one commercial operator was safe, provided certain requirements were met, "particularly with communication", Mr Field said.
"MNZ only deals with commercial operators who need a certificate of compliance. What we have on the Kawarau is both commercial and recreational. The only people who can deal with that is council, either under the RMA or bylaws."
Justice French yesterday in the Christchurch High Court rejected a Kawarau Jet bid for a further injunction stopping Queenstown Water Taxis' planned operations.
Kawarau Jet director Andrew Brinsley told the Otago Daily Times the company "did not agree" with the MNZ report.
Mr Brinsley said the application for the judicial review of QLDC's consent process was yet to be heard and Kawarau Jet would "explore what [legal] options were available" to challenge MNZ's safety review.
The MNZ review may have serious implications for future recreational users of the Kawarau River.
"Some recreational people may find that their access [to the Kawarau] is limited," Mr Field said.
Mayor Clive Geddes described MNZ's advice as "a poisoned chalice".
MNZ had assumed the council held the expertise to determine what "appropriate use" of the river was.
"I think that is something that council will need to go back to [MNZ] and open up a dialogue . . . in a sense, it's passing their responsibility on to us."
Ngai Tahu Tourism-owned Shotover Jet has sought its own legal challenge to halt Queenstown Water Taxis new operation.
Shotover Jet business manger Clark Scott said there was a trademarking issue over the proposed colour of the Queenstown Water Taxis' jet boat.
However, he was confident the issue would be resolved out of court over the next few days after both parties were directed to try seek agreement before a full hearing.
