It will likely take "months rather than weeks" for the Department of Conservation to advise its decision on the contentious proposal by Milford Dart Ltd (MDL) to construct a tunnel through two national parks linking Glenorchy and the Milford road.
In Queenstown yesterday, MDL had its chance to address the department's hearings panel, chairman Paul Green, assistant Chris Visser and legal counsel Clare Lenihan, and respond to points made by submitters.
However, MDL's engineering expert, Ron Fleming, who was to have provided information on issues including safety concerns, was not able to give evidence as his Christchurch office was closed because of earthquake risk.
"The applicant will have the opportunity to wait until the engineer can recover the evidence and make a presentation to the department in writing on that element of it by May 4," Mr Green said.
About 50 submitters, many from Glenorchy, came to hear MDL's response, at times laughing during the replies by MDL counsel Jo Appleyard, of Chapman Tripp, Milford Dart Ltd director Michael Sleigh, and Abley Transportation Consultants Ltd associate principal Andy Carr.
In November, Doc advised its intention to grant a concession application to MDL to investigate, construct, operate and maintain an 11.3km bus tunnel from the Routeburn Rd in Mt Aspiring National Park to the Hollyford Rd in Fiordland National Park.
Two weeks of hearings were held in Te Anau and Queenstown last month for people to speak to their written submissions.
Ms Appleyard limited her right of reply to six points, including the "need" for the Dart Passage tunnel and Doc's responsibility to safety concerns.
She said many submitters argued there was no need for the tunnel because visitor numbers to Milford were declining, while others contended that if the tunnel led to an increase in visitors, Milford Sound would become overcrowded.
"Submitters are, therefore, presenting a no-win situation for Milford Dart."
Ms Appleyard said the company did not have to justify a "need" for the tunnel if it met tests under the Conservation Act, and "need" was not a criteria.
"Further, the Dart Passage is a commercial venture, of which Milford Dart carries the risk.
"It is not within Doc's ambit to assess the commercial viability of this proposal through determining `need' and therefore the likely success of the project."Regarding Doc's responsibility with safety in the tunnel, Ms Appleyard said it was "not credible" Doc had responsibility for the "myriad activities" occurring on land in respect of which concessions had been granted.
"Because Doc acknowledges it is a conservation agency, rather than a safety agency, Doc does not set safety standards ... [it] relies on the concessionaire, as well as adherence to health and safety laws."
During questioning, Mr Sleigh said the Department of Labour had the responsibility to administer health and safety legislation and the company was responsible for all people on the site.
He said the hearings "reminded us all once again of the great depth of feeling people have for our national parks".
While many had a desire to see no change to access, use and the "experience" of national parks, "we do not agree with those sentiments", Mr Sleigh said, but the company respected the right of people to express them.
"In hearing them, it means putting even higher importance on ensuring that our proposal has the least effect on the natural values of a National Park."
Mr Sleigh said the company believed it important to ensure modern, low-impact infrastructure be created "in the same way that our forefathers provided the infrastructure that we all benefit from today".
"This means making the journey to Milford Sound a better and more enjoyable experience for New Zealand and overseas visitors, and this is what we believe our proposal will achieve."
