Judge fears rivalry on Waiheke ferry run will turn violent

A new ferry service operating between Half Moon Bay and Waiheke Island looks likely to be cancelled today and over the holiday weekend partly because of a judge's worries about another flare-up of hostilities with a competitor.

Justice Colin Nicholson, sitting in the High Court at Auckland last night, was concerned about a possible repeat confrontation between staff of rival operations Pacific Ferries and Subritzky.

The court heard that a clash over sailing times from Half Moon Bay on Auckland Anniversary Weekend resulted in pushing and shoving.

Security guards were needed and police were called.

Pacific went to court this week seeking an interim injunction preventing Subritzky from obstructing access to the Half Moon Bay facilities for half an hour before Pacific's scheduled services to Waiheke.

But Justice Nicholson's ruling went against Pacific.

He ordered the ferry firm to change its sailing times, even though they had already been published.

Now Pacific says that its nine sailings to Waiheke from Half Moon Bay over the next three days may not be feasible.

"We probably won't run," director Steven Young said after Justice Nicholson delivered his decision last night.

His ferries were due to sail at 10.01am, 1.01pm, and 4.01pm each day.

These times clashed with the sailing times of Subritzky, which has priority because of land it gifted to the Ports of Auckland.

Justice Nicholson ordered that Pacific could start loading only at quarter past the hour for sailing at half-past, as specified in a letter from the Auckland Regional Transport Network.

Pacific's lawyer, Joe Koppens, told the judge that would result in a breach of its obligations to its customers and congestion at Kennedy Pt in Waiheke Island.

Mr Young said that its ferry timetable had been approved by the ARC.

Justice Nicholson said that Pacific might have to contact the 300 passengers who had booked to travel with their cars to the island to tell them of the changed sailing times.

The judge said he was of the clear view that the application for an interim injunction must fail, as there was no basis in law which obliged Subritzky, represented by Robert Fardell, QC, to give Pacific the access it wanted.

Justice Nicholson said he was concerned about the safe and proper conduct of the operation over the holiday weekend.

He made his order in the interests of the parties and the customers and to avoid difficulties which "could escalate to breach of the law by way of assault and the like".