In its notice of appeal lodged, Kawarau Jet claimed Queenstown Water Taxis Ltd, trading as Thunder Jet, changed its resource consent applications at the hearing by relying on evidence that changed the proposed means of radio communication.
The changes were "significantly different" from the applications lodged with the council and publicly notified, which meant there was no jurisdiction for independent commissioners John Matthews and Leigh Overton to hear or determine the applications.
Queenstown Water Taxis co-director Neville Kelly said: "If that was the case, the commissioners would have thrown it out. That's what they're employed to do . . ."
"We just want to get on with it and get the boat going again."
Kawarau Jet claimed in its appeal notice the commissioners were wrong to find that Thunder Jet would meet district plan noise standards because there was no verifiable assessment or expert evidence from the applicant.
The notice added that commissioners failed to adequately consider the impacts of the proposed activity on the waterway environment, amenity values, Kawarau Jet's consented operations, and "the significant adverse safety and traffic effects and other risks" to Kawarau Jet and other waterway users.
Queenstown Water Taxis Ltd was granted consents with conditions to operate four commercial jet-boats last month.
Kawarau Jet's sister rafting company Clearwater Pursuit Ltd also lodged an appeal on September 29. Other parties have until November 11 to advise the court of an appeal. No date has been set for the hearing.
