Totally Tourism may apply for a new resource consent following its failed bid to appeal a condition restricting the number of flights at a helicopter landing pad at Arthurs Point.
The company applied to the Environment Court for a waiver to appeal the consent outside the appeal period because the number of flights was too restrictive.
The consent, granted in November 2008, allowed the company to fly all types of clients to and from the helipad, but landings were restricted to four a day.
The company now wants as many flights as possible without breaching noise standards for the area, which is 11 landings per day, averaged over seven days.
The maximum number of flights per day would be 23.
It is still operating under its 1992 consent to fly up to 24 daily trips of rafting clients only to and from Arthurs Point.
Judge Jon Jackson declined the waiver application because it was 14 months late and an appeal against the resource consent by the Arthurs Point Protection Society and resident Barry Walters would be "unduly prejudiced" if it was granted.
Totally Tourism director Mark Quickfall said he had not decided yet whether to surrender the consent and lodge a new application.
Four daily trips was too restrictive for the business to operate, he said.
"Our wish is to simply operate from the helipad in the same manner and based on the same conditions we were led to believe were valid under our existing resource consent," he said.
The Arthurs Point Protection Society's appeal will become irrelevant if the company decides to amend the application and reapply.
If the company continues with the consent, an Environment Court hearing will take place in the week beginning October 4 or October 11.
