Tour boss’s no-permit excuse
A Pukekohe tour company has become the first in ten years to be fined $12,000 for ‘blatantly disregarding’ commercial fees to operate in a national park.
Tour company Active Planet 2015 Ltd appeared in Pukekohe District Court on Tuesday, March 3 for sentencing after pleading guilty to three charges of conducting commercial tours without a concession from the Minister of Conservation.
According to the summary of facts, from as early as April 2017 the company’s owner had been contacted by the Department of Conservation (DOC) multiple times verbally and by letter that it needed a concession if it wanted to continue operating.
Yet despite this in September 2018, the company conducted a 14-day tour with a bus of 13 international students who were charged $1900 each.
The bus made its way from Picton to the DOC administered Pelorus Bridge Scenic Reserve – a popular swimming location. It then drove to the Punakaiki ‘‘Pancake Rocks’’ walkway which is part of Paparoa National Park before wrapping up at the ‘‘Blue Pools’’ area of Mount Aspiring National Park, between Haast and Wanaka on SH6.
Each time the bus stopped the driver and company’s sole director would guide the group to the location.
Department of Conservation concession fees for commercial operators vary, but are typically 7.5 per cent of gross revenue for large operators plus an annual management fee of between $150 – $500 plus GST.
When approached by DOC staff the director denied visiting both Pelorus Bridge and Punakaiki.
However, what he didn’t know was that he was being photographed by
DOC staff during both visits.
When confronted with this fact he admitted accompanying the students, but denied guiding them, saying he was ‘‘just going for a walk’’.
He also said he had started the process of applying for a concession in April 2018 saying ‘‘they wanted too much detail.’’
He then said again that the current trip was free of charge and that he was just the driver.
In court Judge Kevin James Phillips said the case was the first of its kind in ten years.
‘‘Interesting to note I believe that there are 4000 active concessions and 600 for guided walking and for the last ten years the only company to come before the court is the defendant company.’’
He said the courts took a firm stance on the charge reflected in a 2012 law change by Parliament.
‘‘At that time the maximum fine that could be imposed was increased from $25,000 to $300,000.
‘‘That is how serious the matter is.’’
He said the purpose of the concession system is necessary ‘‘to preserve the national parks and their intrinsic worth to our generation.’’
‘‘To ensure commercial activity will not have an adverse effect on the environment and to return to the public some degree of financial return for the commercial use of land.
‘‘And to ensure the quality, the ecology the natural features and the unique beauty are protected forever.’’
Judge Phillips said he was satisfied the director of the company knew he was breaking the law by carrying out the tour.
‘‘He has in my view relatively high culpability . . . that the trip progressed in full knowledge of his obligations.’’
But while there was a maximum fine of $300,000 under the current law, Judge Phillips said he would begin with a starting point of ten per cent and would further reduce the fine for an early guilty plea, good character and expressions of remorse.
‘‘Therefore the defendant company is fined a total of $12,000.’’