An Alexandra farmer whose first-ever descent of the Nevis Bluff rapids in a jet-boat a year ago spawned a viral internet video, has been slapped with a $1500 fine.
Timothy Dermott O’Sullivan was convicted and sentenced in the Queenstown District Court yesterday on a charge of entering a prohibited area on the Kawarau River, near Gibbston, on December 11 last year.
A dramatic five-minute YouTube video of O’Sullivan negotiating the rapids has had about 50,000 views.
O’Sullivan launched his jet-boat at the end of Rafters Rd, where a sign said that section of river had a 5-knot speed limit "which effectively prohibits the use of powered craft''.
The council’s summary of facts said the defendant was in radio contact with friends "spotting'' for him from either side of the Nevis Bluff to ensure there was no-one else using the river.
Another friend had flown a drone with a live camera feed up and down the rapids to check the area was clear before the defendant started his run.
Cellphone videos and drone footage were compiled and uploaded to YouTube the same day under the account name of Paul McBreen, a committee member of Jet Boating New Zealand’s Otago branch.
O’Sullivan claimed to be unaware the video would be uploaded.
First contacted by the council about the incident in February, he admitted his actions in a formal interview in April.
He claimed to be unaware of the restrictions on that part of the river, and thought he could jet-boat the rapids provided he did not exceed five knots faster than the water flow.
Counsel Tim Mackenzie said the defendant was an experienced jet-boater, had spent 18 months planning the run, and took measures to ensure other river users, such as rafters and kayakers, were not in the area.
Unfortunately, the video of his exploits had "achieved some notoriety'', ultimately resulting in the council prosecuting.
Although the meaning of the sign at the launch site was "contentious'', the defendant accepted he should have checked the situation with the council, Mr Mackenzie said.
Speaking to the Otago Daily Times after sentencing, O’Sullivan said the sign was old and inconsistent with the updated bylaw, but ‘‘in hindsight’’ accepted he should have checked with the council.
In a media statement today, council regulatory manager Anthony Hall said the bylaw was clear about where in the district boat operators could not operate powered vessels.
However, boaties could apply for an exemption that would ensure ‘‘correct safety precautions are in place to consider other users occupying the river at the time’’, Mr Hall said.
The bylaw was well understood by most boaties and there was no excuse for taking risks and putting others in danger.
He hoped the conviction would serve as a deterrent to others from making ‘‘similar, very dangerous choices’’.
The maximum penalty for breaching the bylaw is a $20,000 fine.
