Some threat to the safety of Kawarau Jet's passengers and crew" is one of the reasons why the Environment Court has rejected Thunder Jet's bid to get back in business on Lake Wakatipu and Kawarau River this summer.
Judge Jon Jackson declined the application by Queenstown Water Taxis Ltd, trading as Thunder Jet, for an early commencement of the single commercial jet-boat consent it exercised for 80 days from September 2008, until Justice Christine French ruled Kawarau Jet should have been consulted by the Queenstown Lakes District Council before granting non-notified consent.
Kawarau Jet and subsidiary Clearwater Pursuits Ltd appealed the early commencement at a procedural hearing in the Queenstown District Court on December 3.
Kawarau Jet submitted Thunder Jet's operations would pose safety risks, detrimentally affect amenity values and impair the enjoyment of Kawarau Jet passengers.
In his decision issued yesterday, Judge Jackson doubted useful evidence for a substantive hearing could be collected by an early commencement because Clearwater would probably not operate its rafting trips.
"In relation to safety issues, early consent might make the Kawarau Jet appeal too late because if a two-boat collision occurred the effects would literally be of high impact and might result in human injury of death.
"Ultimately, that issue cannot be resolved in a way that properly assesses the risks without a full hearing.
The court should turn its face against . . . applications that involve trial runs of the evidence."
He criticised Water Taxis for not clearly focusing the issues and Kawarau Jet for raising landscape, flora and amenity issues on appeal, but not at the commissioners' hearing.
Judge Jackson noted Water Taxis' office manager Deborah Kelly submitted Kawarau Jet counsel Jim Castiglione told her husband and co-director Neville Kelly "it will be a couple of years before you get going" while the council's decisions were awaited.
The judge said the hearsay comment, unchallenged by Mr Castiglione, "does give some confirmation, as do the High Court proceedings, that Kawarau Jet are set on taking any measures to stop [Water Taxis] starting its new business.
"The court should not be seen to condone such behaviour."
Judge Jackson said Kawarau Jet's challenges over Water Taxis' alleged change in proposed radio communication and the adequacy of Water Taxis' environmental effects assessment could only be resolved at a substantive hearing and refused the commencement application.
It was likely to be in May 2010.
