The helicopter trip on which United States hunter Cliff Senter fell to his death in mountainous country near Wanaka was ‘‘apparently illegal'', an inquest in Queenstown has heard.
Mr Senter (57) died moments after stepping off the helicopter on to a precarious ledge high in the upper Albert Burn catchment on May 22, 2006.
Mr Senter - who weighed 111kg, had arthritis and was wearing inappropriate soft-soled shoes - lost his footing on slippery snow grass, was unable to stop as he slid down a sloping bank and fell over the edge of a bluff.
Yesterday, during the fifth day of the inquest, Department of Conservation area manager Paul Hellebrekers, of Wanaka, said the helicopter and guiding companies involved in the hunt were operating without concessions.
Neither the guiding company, Leithen Valley Trophy Hunts New Zealand, nor guide Rachel Stewart held the appropriate Doc concessions to guide commercial hunters in the area, which was on conservation land administered by the department.
Company owner Alan Stewart's last concession had expired in 2003 and had not been renewed, Mr Hellebrekers testified before Coroner Alan Macalister yesterday.
Before the company's concession expired, Mr Stewart had filed ‘‘nil activity'' reports to Doc, indicating no commercial hunting activities were undertaken on conservation land between 1998 and 2003.
Back Country Helicopters - operator of the helicopter piloted by Harvey Hutton on the day of Mr Senter's death - held various concessions, but none permitting commercial guided helicopter hunting operations in the Albert Burn area, he said.
A check of department records following Mr Senter's death also found the required hunting permits had not been issued to Mr Senter, his United States companion Nelson Rapanot (45) or Miss Stewart, Mr Hellebrekers said.
Despite the ‘‘apparently illegal activity'', Mr Hellebrekers said it was decided not to proceed with a prosecution because of ‘‘insufficient evidence''.
Miss Stewart had - mistakenly - believed she was covered by a concession held by Back Country Helicopters, while Mr Hutton's lawyer, Colin Withnall QC, claimed the flight was covered by the company's existing wild animal recovery operator's (WARO) permit, he said.
Mr Stewart and Miss Stewart were both formally warned, but it was decided ‘‘evidential difficulties'' - including proving the party had knowingly set down on conservation land - meant a prosecution could not proceed, he said.
No further action was taken against Back Country Helicopters, he said.
Questioned by Senter family lawyer Dr Jonathan Coates, of Wellington, Mr Hellebrekers agreed the concessions were ‘‘absolutely fundamental'' to ensuring commercial hunting flights using Doc land were conducted safely.
It was also ‘‘highly unlikely'' Leithen Valley Trophy Hunts had been operating under ‘‘implied consent'' from the department, he said in response to questions from Senior Constable Chris Blackford.
The New Zealand Professional Hunting Guides Association (NZPHGA) - of which Leithen Valley Trophy Hunts was a member - had applied for a nationwide concession covering all members in December 2005, but the application was incomplete at the time of Mr Senter's death.
Operators were sometimes given implied consent to continue operations if concession applications were largely complete, and merely being processed, but this was not the case with the NZPHGA application on May 22, 2006, he said.
Professional mountain and ski guide Gary Dickson, of Wanaka, gave evidence yesterday, explaining perceived flaws in Miss Stewart's technique in unloading Mr Senter from the helicopter.
He suggested she had erred in placing Mr Senter beside her, crouched in the snow, instead of moving him forward, towards the front of the helicopter and within the peripheral vision of the pilot, as was common in the heli-ski industry.
If she had followed heli-ski best practice, her body would have been between Mr Senter and the bluff and she would not have had to completely turn her back on him while helping Mr Rapanot from the helicopter.
Mr Macalister adjourned the inquest at the conclusion of yesterday's evidence, with a date and time for a resumption to be announced.
It was possible more witnesses could be called before a ruling was issued, Mr Macalister said.
