Judge rules on pilot's flight over Marsden Point Oil Refinery's restricted airspace

Pilot Guntram Gross in the air above Whangarei Harbour with Marsden Point coming into view. Photo/ Supplied

What was supposed to be a scenic microlight flight from Whangārei to Ruakaka return turned into a nightmare for pilot Guntram Gross, who booked himself a one-way ticket to court after he flew too close to Marsden Point Oil Refinery.

A written judgment has been released by Judge Keith de Ridder and details the flight taken by 60-year-old Whangārei flying enthusiast Gross in the weight-shift trike microlight with passenger Tyson Plagge, who videoed much of the trip.

On January 31, 2016, Gross took off from Pohe Island, near the dog park, and flew north over Kamo before flying back to the harbour area and then out to Ruakaka Beach before returning.

During the trip Gross flew within the restricted airspace at Marsden Point which resulted in a complaint being made, followed by an investigation by the Civil Aviation Authority.

Four charges were laid and a further charge in relation to another flight flown by Gross on April 9, 2016.

The northern end of Ruakaka beach, just south of the Marsden Point oil refinery with Mt Manaia in the background. Photo/ John Stone

At a court hearing in May this year, Gross pleaded guilty to two charges and the remaining four were withdrawn. He admitted he operated the aircraft over a congested area of Whangārei city in breach of Civil Aviation regulations.

He also pleaded guilty to a charge he operated the aircraft in a careless manner relating to Marsden Point, but disputed some of the facts in relation to that flight.

Judge de Ridder then held a disputed facts hearing in which the CAA said Gross flew the aircraft directly over a part of the oil refinery infrastructure and inside the perimeter boundary fence.

Gross said he flew outside the boundary fence and not over the infrastructure. He confirmed he flew down Ruakaka Beach at a low level before turning and flying back to Pohe Island.

No aircraft can fly lower than 3500ft (1066m) within 1km radius of the tallest structure — a 120m high four-chimney flue — at Marsden Point Oil Refinery. If a pilot has to fly within the restricted area, they must apply for authorisation from Refining NZ.

Two workers at the refinery on site that day gave evidence that they both saw the aircraft fly over the refinery while they were working in a building known as E block on the 10th floor. One of them said he was in no doubt the aircraft was over the refinery infrastructure.

The Marsden Point refinery jetty from Reotahi.

A fisheries officer at the beach the same day said he saw the aircraft near the southern corner of the boundary fence adjacent to Mair Rd and the beach.

Gross was adamant he did not enter the refinery area and stayed outside the boundary fence. Although Plagge filmed portions of the flight the camera was not on as they approached the refinery from Mt Manaia over Whangārei Harbour entrance.

Judge de Ridder pointed out that Gross had worked at the refinery and was well aware of the sensitive and hazardous nature of the plant. Plagge also gave evidence saying they were well away from the refinery infrastructure.

"I am satisfied that there were several instances during this flight where Mr Gross fell below the standard expected and required of a reasonable and prudent pilot," Judge de Ridder said.

Gross will be sentenced in the Whangārei District Court on August 3.