Ferry feud: Bay of Islands competitors slug it out in court

Fullers ferry docked in Bay of Islands. Photo / File

Two ferry companies vying for the coveted summertime tourist dollar today resumed their long-running stoush over access to a Bay of Islands reserve.

Fullers Bay of Islands accused its smaller rival Explore Group Limited of deliberately blocking access to the wharf and facilities at Otehei Bay on Urupukapuka Island, and asked the Auckland High Court to prevent further obstructions.

"The orders sought reflect a long-running disagreement between the parties. Indeed, there is an air of familiarity ... as the parties jockey for position in relation to the facilities at Otehei Bay," said Justice Matthew Muir.

The latest spat was sparked when Explore "arrogantly" constructed a floating pontoon at the end of the bay's wharf in November, preventing Fullers boats from docking, Justice Muir said. On one occasion about 100 Fullers passengers were prevented from setting foot on the island as a result, Fullers' lawyer Josh McBride alleged today.

The court was told that the pontoon was removed yesterday evening once the company had realised it was in breach of its obligations.

Explore, which is directed by William Goodfellow has a Department of Conservation (DoC) concession to operate its business on the reserve, subject to a number of conditions. These include that its cafe and toilet facilities be made available to all members of the public, not just its clients. The concession further stipulates that the company may not rope off any areas for more than three hours at a time.

McBride claimed Explore was "flagrantly" breaching these conditions. He said the island's cafe, which is managed by Explore subsidiary Otehei Bay Holdings, was being shut down when Fullers ferries arrived at the wharf.

"What we object to is what we say is a cynical and deliberate breach of the concession by the defendants because they are picking and choosing for whom they open the cafe."

Explore's lawyer Angela Hansen said this was because the the cafe's sewage and other facilities couldn't cope with the large numbers brought in by Fullers. Justice Muir replied that "it's not like everybody's going to charge off at Otehei Bay for the call of nature".

Speaking outside of court, Hansen said the pontoon had been installed to make it easier for small vessels to stop at the wharf and it had not been Explore's intention to obstruct Fullers.

Fullers has further accused Explore of erecting rope barriers and signs to prevent its passengers from accessing parts of the island. McBride said Explore had also written posts on social media implying that the island, Urupukapuka, was private land.

Should Explore persist with such activities, McBride said Fullers would take it back to court.

"We will be monitoring the situation this summer and if this continues to happen we will be seeking a ruling of contempt of court."

Hansen said many of the points raised by Fullers were "hotly contested" and asserted that the company's concerns were already addressed in the DoC concession.

A bemused Justice Muir said the court would not have time for a substantive hearing before Christmas.

He declined to make any additional orders, providing both parties agreed not to block access to the island, its wharf or cafe. Both parties agreed.

"It wouldn't be Christmas without an application from Fullers for an interim injunction," Justice Muir said.

Fullers Bay of Islands is not associated with the company that runs the Fullers ferry service in Auckland.