The ferries in the Marlborough Sounds row.........again

Marlborough District Council ‘puppet’ in ferry row

By CHERIE HOWIE - The Marlborough Express | 1:00PM - Thursday, 18 June 2009

The Marlborough District Council has been accused of being a "puppet" that blindly goes along with the wants of inter-island shipping companies in an effort to protect council-owned Port Marlborough dividends.

Guardians of the Sounds spokesman Peter Beech made the allegation yesterday during a resource consent hearing into KiwiRail's application to sail its inter-island ferry Kaitaki at speeds of up to 19.5 knots in Queen Charlotte Sound and up to 18 knots in the Tory Channel for the next 20 years.

A hearings committee made up of councillors Cliff Bowers, Jenny Andrews and Tom Harrison heard submissions from KiwiRail and Mr Beech, on behalf of Guardians, as well as written submissions against the application from iwi and business groups and private individuals.

They have two weeks to make their decision.

However, KiwiRail legal counsel James Winchester told the hearings committee they must rule in KiwiRail's favour because the company had shown it would not breach the "wash rule", a limit on how much wake ships can create, by travelling up to 19.5 knots.

Under the Marlborough Sounds Resource Management Plan, if a ship can show it will not breach the Environment Court-sanctioned "wash rule" then it is a permitted activity and must be given consent.

KiwiRail's findings, following testing in December 2008 and January 2009, have been backed by a council environmental consultant, Richard Croad.

KiwiRail agreed with a request in Dr Croad's own report that the Kaitaki keep at least 500 metres from the shoreline within Queen Charlotte Sound, except when it was not safe to do so.

However, they did not agree with any of the concerns raised by those opposing the consent, which included disquiet over ships travelling faster than 15 knots within the Sounds and that the council had no input into the testing.

"None of the issues raised by the submitters raise matters over which the council has reserved control and, while the submitters' concerns may be genuine, they are not relevant to the council's decision."

The council did, in fact, have input into testing, Mr Winchester said.

However, Mr Beech said the council were "puppets".

"This council is blinded by the fact that you own the port company and you guys won't impose any restrictions that will affect your dividends."

Guardians did not accept the "wash rule", believed KiwiRail used subterfuge by testing wake heights when ferries were half empty and would never accept ferries travelling at speeds faster than 15 knots in the Sounds.

The real reason they wanted to travel faster was so a third sailing could be added to the daily schedule, Mr Beech said.

Mr Bowers said councillors were there to represent the public and Port Marlborough had "nothing to do with this".

He added that the Environment Court ruled in favour of the wash rule, not the council.

Mr Winchester said Mr Beech's oral submission included "numerous factual inaccuracies".

Testing was done in peak sailing times deliberately to avoid accusations they were misleading the public, while any talk of a third sailing was irrelevant.

"It misses the point. If we're complying with the wash rule we can do as many crossings a day as we want."

http://www.stuff.co.nz/marlborough-express/news/2512981/MDC-puppet-in-ferry-row