Post by vgp on Mar 24, 2008 8:54:52 GMT 12
Alpine Choppers wins case to reopen landing allocations
By KAREN PASCO - The Southland Times | Monday, 24 March 2008
A Fiordland helicopter pilot will be allowed to enter the concession race to fly into Milford after a High Court decision deemed the Department of Conservation's failure to provide information unfair.
Alpine Choppers Ltd owner Brendan Thow had two gripes with the process.
He challenged the process which gave rise to the advertising for expressions of interest and he questioned the process for the allocation of concession packages.
As part of the development of a revised Fiordland National Park plan in 2002, DOC decided to revise the plan which allowed aircraft to land at Milford Airport.
DOC's desire was to restrict aircraft environmental effects in the park while allowing the airport to continue to function.
Twenty-three packets of concessions were on offer, totalling up to about 10,000 landings at Milford a year.
In August, court orders were granted which effectively prohibited DOC from continuing with the allocation process until the Alpine Choppers' issue was resolved.
Despite Mr Thow flying into Milford for many years he had not been identified by DOC as an historic user. If he had, he would have been privy to information which other pilots were given that gave the outline of the process and the timelines involved.
Justice Ronald Young found no problem with DOC's allocation of concession packages but did find the restriction of information both to Mr Thow and other potential applicants unfair.
In a written decision from Justice Ronald Young, he says DOC should have advised potential applicants where information could be obtained and that failure to express interest in time was a "knockout" .
"The defendant's (DOC) breach of natural justice alone is sufficient to set aside the expression of interest process and for me to require DOC to begin the process again."
DOC's acting Murihiku area manager Sarah Dowie said "Alpine Choppers Limited will now enter the competitive process along with other operators."
DOC was now having to work through the judgment and how it would affect the allocation process, she said.
www.stuff.co.nz/southlandtimes/4449347a6568.html
By KAREN PASCO - The Southland Times | Monday, 24 March 2008
A Fiordland helicopter pilot will be allowed to enter the concession race to fly into Milford after a High Court decision deemed the Department of Conservation's failure to provide information unfair.
Alpine Choppers Ltd owner Brendan Thow had two gripes with the process.
He challenged the process which gave rise to the advertising for expressions of interest and he questioned the process for the allocation of concession packages.
As part of the development of a revised Fiordland National Park plan in 2002, DOC decided to revise the plan which allowed aircraft to land at Milford Airport.
DOC's desire was to restrict aircraft environmental effects in the park while allowing the airport to continue to function.
Twenty-three packets of concessions were on offer, totalling up to about 10,000 landings at Milford a year.
In August, court orders were granted which effectively prohibited DOC from continuing with the allocation process until the Alpine Choppers' issue was resolved.
Despite Mr Thow flying into Milford for many years he had not been identified by DOC as an historic user. If he had, he would have been privy to information which other pilots were given that gave the outline of the process and the timelines involved.
Justice Ronald Young found no problem with DOC's allocation of concession packages but did find the restriction of information both to Mr Thow and other potential applicants unfair.
In a written decision from Justice Ronald Young, he says DOC should have advised potential applicants where information could be obtained and that failure to express interest in time was a "knockout" .
"The defendant's (DOC) breach of natural justice alone is sufficient to set aside the expression of interest process and for me to require DOC to begin the process again."
DOC's acting Murihiku area manager Sarah Dowie said "Alpine Choppers Limited will now enter the competitive process along with other operators."
DOC was now having to work through the judgment and how it would affect the allocation process, she said.
www.stuff.co.nz/southlandtimes/4449347a6568.html
