The company sought the adjournment of the hearing to prepare its right of reply after legal submissions from Southern Lakes Helicopters Ltd and Geoff Thomson, of Distinction Hotels, presented by Maree Baker-Galloway, of Anderson Lloyd in Dunedin, yesterday.
Otago Conservation Board deputy chairman Gary Nixon said yesterday the board had struggled with MDL's proposal "more than any other".
Much of the discussion had been around "proper process".
In approving the new Mt Aspiring National Park Management Plan recently, the board had already advised Doc "this concession should be declined".
"[On] the rare occasion that the board and the department have been unable to agree on a concession application - I can recall this occurring only twice - the conservator has produced a detailed response to the board explaining why the board's advice was not taken.
"I guess the officer's report to the decision-maker fulfils this role on this occasion.
"But, far from letting us better understand the department's view, this report increased our concerns considerably," Mr Nixon said.
The management plan was "pivotal" in determining if a concession should be granted and was "not just one of a range of matters" the minister needed to have regard to.
"We cannot understand how any reasonable reading of the plan could come to any other conclusion, other than this concession is inconsistent with it in multiple ways and at several levels."
Mr Nixon said MDL's proposal, which would affect both the Mt Aspiring National Park and the Fiordland National Park, would not improve the public's freedom of entry and access as intended by the Conservation Act.
"Due process and statutory documents are very important.
They are the rules that balance these interests and they must apply and be seen to apply equally to everyone, from the individual tramper to the wealthy and influential developer.
"If you grant this concession, you will seriously undermine the plan and its ability to balance these interests."
Ms Baker-Galloway said the issue was "quite simple".
"Will this proposal enhance the national park conservation values, or not? If, overall, it is not likely to enhance park values, it should be declined."
She said there was a "bundle" of adverse effects and, "on the flip side", an absence of any tangible benefit to park values.
There was no justification for granting the concession - it was not for a public road or an essential piece of infrastructure for the national good.
"The granting of this application would allow the applicant, a private commercial entity, to prevent independent travellers from accessing the road, in favour of specific authorised coaches with commercial agreements.
"Other than the applicant's commercial imperative to attract investment and establish a profitable business, the applicant has not established there is a 'need' for this project."
Glenorchy Community Association chairman Pete Reid told the panel the community was unanimous at a public meeting in the town in January. "The message is very clear: we do not want the tunnel."
Ms Visser told the Otago Daily Times all submitters would be advised before the hearing resumed and the Doc website would also show details.
