Kawarau Jet could be in breach of the draft Queenstown Lakes district navigation safety bylaw if the operator does not comply with the proposed extended speed-restricted area within shorelines and a new definition of "structures".
Kawarau Jet counsel Jane Taylor, of Queenstown, voiced the concern during the hearing in council chambers on the draft navigation safety bylaw and draft Shotover River Bylaw this week.
The meeting to hear submissions was chaired by Cr Lyall Cocks, who was joined on the panel by Cr Vanessa van Uden.
Queenstown Rafting Ltd managing director Vance Boyd, Wakatipu Yacht Club secretary Chris Ferguson, Jet Boating New Zealand rivers officer Eddie McKenzie and their associates.
Harbourmaster Marty Black also attended.
Written submissions from Peninsula Rd Ltd, the Kelvin Peninsula Community Association and Dunedin resident Maurice Davis were received.
The original bylaw instructed all "vessels" should stay 100m from structures and shoreline if they were travelling faster than five knots.
However, the draft bylaw proposed to expand 100m to 200m and to widen the definition of "structure" to include slipways, jetties, pile moorings, swing moorings, rafts, wharves, marine farms "and other objects whether or not these are moorings above or below the waterline", but does not include navigation beacons.
Mrs Taylor told the hearing the commercial operator sought clarification of the term "structures".
She submitted the increase to 200m was "unwarranted, unnecessary and will cause major difficulties for the safe navigation of craft".
The panel heard the 200m limit was added to the draft bylaw to make it consistent with the Maritime Transport Act 1994.
Kawarau Jet's commercial operations in the Kawarau gorge would not be affected as the five knot speed limit did not apply.
However, high speed access lanes may need to be designated on district lakes by the council as part of the bylaws process, Mrs Taylor said.
Mr Boyd sought clarification on the draft Shotover River bylaw because, as worded, the legislation would probably prohibit Queenstown Rafting from operating "vessels", such as rafts, between the Oxenbridge tunnel and the operator's take-out above the Shotover Jet jetty, as had been the case for about 30 years.
Mr Boyd said he thought it was not the draft bylaw's intention to exclude rafts and said he wanted to secure long-term rights to continue operations.
The matter could be addressed by a long-term permit with a realistic time-frame from concessionaire Shotover Jet or by amending the draft bylaw, he said.
Other issues raised by the submitters included the call to change the mandatory requirement for all recreational craft of less than 6m in length to carry communication equipment.
Submitters urged the council to consider wider use of VHF radio and for the council to encourage boat users to carry mobile phones.
Other submissions asked that the foreshore definition include normal annual rise and fall of lakes and rivers and exclude floods.
Crs Cocks and van Uden adjourned and would recommend the final form of the draft bylaws, including any amendments which came from the hearing, to the next full QLDC meeting.
The draft bylaws were likely to be tabled in February.
