When the Southern Alps Air directors applied for resource consent in November 2003, their proposal attracted 93 submissions in support and 10 opposers, including Wilkin River Jet director Patsy Nolan.
Wilkin River Jet holds commercial rights to the river and will also be represented at next week's four-day hearing, at Edgewater Resort.
The Queenstown Lakes District Council will defend its decision in 2004 to decline consent because it could not be certain two operators could safely ply the river.
The Coopers appealed to the Environment Court in 2005, where Judge Jon Jackson also declined consent, holding it would impose significant limitations on the operation of Wilkin River Jets.
Judge Jackson also considered it improper to delegate a decision on safety issues to the district harbourmaster.
The Coopers' further appeal to the High Court in 2007 resulted in Judge Jackson's decision being overturned by Justice Pankhurst because of a "material error of law" on the issues of derogation and delegation. He ordered a rehearing.
Wilkin River Jet then twice unsuccessfully appealed Justice Pankhurst's rulings to the Court of Appeal. The QLDC joined those appeals.
Mr and Mrs Cooper said yesterday they were relieved to be finally getting a rehearing.
They declined to say how much they had spent on the case but described it as a "significant amount" of "more than $100,000".
Mrs Cooper said the process had been confusing and drawn-out and their lawyer, Jo Appleyard, of Christchurch, had boxes and boxes of files.
"To us, it shows you how the Resource Management Act is not working. The Resource Management Act is being abused, I believe," Mr Cooper said.
Their case would include new evidence on amenity issues, they said.
Mr and Mrs Cooper have been working in the tourism industry for nearly 30 years and bought Southern Alps Air in 1993.
They have obtained the required legal certifications from the Maritime Safety Authority, have permission to operate on the nearby Makarora River and intend to start commercial operations on that river soon.
Mr and Mrs Cooper also have an MSA-approved jet-boat driver ready to start work and Mr Cooper also intends to obtain MSA approval to drive commercial jet-boats soon.
Obtaining consent for the Wilkin River would enable their company to provide a full range of flight, tramping and jet-boating experiences for their clients doing the Southern Alps Air-branded "Siberia Experience" based at Makarora, they said.
The Coopers said they were disappointed about the delays in getting consent because they felt their money would have been better invested in paying wages and supporting the Makarora community.
They are hopeful of a positive outcome because of the QLDC's decision last year to grant a second commercial jet-boat company consent to begin operating on the Kawarau River.
However, that decision in favour of Queenstown Water Taxis Ltd (trading as Thunder Jets) is now subject to an Environment Court appeal on safety grounds by competitor Kawarau Jet and its subsidiary Clearwater Pursuits Ltd.
The Thunder Jets hearing is likely to be scheduled in May.
