Ferry speed issue back in Environment Court

Alternative plans to solve an emotive dispute over ferry speeds in the Marlborough Sounds were presented to the Environment Court yesterday.

The proposals, from ferry operator Toll Shipping and Marlborough District Council, remain far apart on the crucial aspect of the wave wash rule which Toll now wants to replace with a wave energy rule.

On Friday, the commissioners hearing the case will take to the sea for a site visit to Queen Charlotte Sound and Tory Channel where a month ago more than 70 boats protested against the Toll ferry Kaitaki, which was flouting a 15 knot speed limit set by the council.

Toll yesterday outlined plans for a 20 knot speed limit for conventional vessels on the route, as the court hearing between them, Strait Shipping, the New Zealand Shipping Federation and the council resumed.

The court is considering objections to the council's proposed Variation 3 rule.

This would require large vessels wanting to sail over 15 knots (27km/h) through the Marlborough Sounds to apply for resource consent and meet the council's wave height criteria.

The council suggested a number of monitoring sites for Tory Channel and Queen Charlotte Sounds, and raised plans for the trialling of new vessels, subject to meeting the wash rule.

Toll acknowledged the council's suggestions but a sticking point remained the wash rule, with Toll calling it "an arbitrary formula for which no clear justification has been offered".

Toll also said there remained no real chance to trial new vessels under the council scheme, as they would still have to meet the wave wash rule.#In an alternative proposal Toll suggested a 20 knot speed limit through the ferry route for conventional vessels, and the retention of the 18 knot speed limit for fast ferries.

Toll also proposed getting rid of the council's contentious wash rule, replacing it with a wave energy rule.

The rule would be measured over at least 10 wake events, and taken as the average of the seven largest waves.

Toll said it would have the advantage of allowing the wave energy of vessels to be tested overseas before they arrive in the Sounds.

Under Toll's plan the maximum wake energy allowed would have to be within an envelope set by the Arahura and Aratere operating at 20 knots.

Toll also suggested the creation of a reference group of key stakeholders to develop a monitoring programme to assess the effects of vessel wake and appraise new vessels.

Planning consultant Christine Foster, an expert witness for Toll, was asked if Toll could achieve three sailings a day with an 18 knot speed limit through Tory Channel and a 20 knot speed limit through Queen Charlotte Sound.

Mrs Foster replied, "That is not something the operator would welcome but I understand it's achievable".

The hearing continues today.

- NZPA