Riquelme Cruz was initially charged with operating an unmanned drone in a manner that caused unnecessary danger to firefighting pilots and their helicopters, and reckless disregard for the safety of firefighting helicopters likely to cause danger to the pilots and aircraft.
His lawyer, Melissa James saidher client was flying out of the country on February 15 so was hoping to get the matter sorted before then.
But Broom said police were only told of the application yesterday and would not have allowed the case to be transferred had they known Riquelme Cruz's intentions.
He tried to get the matter transferred back to Queenstown, where police would prepare their opposition, but that was declined by the judge.
Judge Saunders held off entering a conviction until Riquelme Cruz's applicaiton can be considered.
He was remanded on bail for sentencing on February 9.
Outside court, Cruz wasn't impressed with the media attention instead briefly preferring to hide behind a pole at the court house before braving the cameras, stating "I don't want a picture" and walking off.