The Kaituna River jet boat is facing ruin unless it can get a speed restriction exemption for the section of the Kaituna River on which it takes tourists on summer jet boat rides.

The jet boat business has been operating since 2001 under the Bay of Plenty Regional Council's Navigation and Safety Bylaw, which gave the business a speed limit exemption permitting the jet boats to cruise the narrow mud-banked river at speeds of 70-75kmh.

Kaituna river jet runs jet boat tours daily in the summer months.

That expired in March this year and the regional council directed the business's request for a renewal to a public hearing, held yesterday at Classic Flyers.

Without an uplifting of the speed limit, ‘..the ultimate jet boating adventure on the spectacular Kaituna River' is doomed to a five knot (9.26km/h) crawl, because it will always be closer than 200metres to the river's banks.

What is now advertised as a high speed, 25 kilometre return trip of twisting, turning, narrow waterways will be forced to go elsewhere, much to the relief of riverside residents, some of whom have been fighting to get rid of the jet boats since it first began operating on the Kaituna in the 1980s.

The history of the business is still a live issue because of the on-going debate over when, or if, authority was transferred from one council to another. Regional council staff maintain this hasn't been properly completed by the Western Bay of Plenty District Council, or its predecessor, though the Western Bay says it has a council resolution saying that is so.

Papers presented at yesterday's hearing by Jet Boat New Zealand say the Kaituna was Gazetted as a jet boating river in 1979 from its source to the sea.

Allen Meredith from Jet Boating NZ says they believe the Gazetted uplifting of the speed limit on the Kaituna in 1979 is still in force.

'We have been unable to find any evidence to support that this uplifting has even been officially rescinded,” says Allen.

Jet Boating NZ is objecting to uplifting the speed limit for the Kaituna jet boat business because a commercial company shouldn't be given exclusive rights to public property, a right that will exclude normal jet boaters from using the river.

Regional council staff told the hearings panel of councillors Paula Thompson, Jane Nees and independent chair Rob van Voorthuysen, that the powers were transferred when responsibilities for waterways transferred to the regional council's navigation and safety bylaw, under which the discussion was taking place.

Don McGowan, a long-time opponent of the jet boats and their erosion of his river banks, says the environmental damage is still a navigation issue because of the section of the bylaw that clearly states the wake of pleasure vessels must not cause unnecessary danger or risk of damage to other vessels or structures, or harm.

Commissioner Rob van Voorthuysen prevented him going into more detail, saying they were focussing on navigation safety.

Residents say 12 jet boat tours a day in summer have virtually driven everyone else off the river. They spoke of people being swamped in small craft, but none of the incidents were reported to the Harbourmaster.

The panel reserved its decision.

Staff advice is if the panel decides to grant a speed limit increase with conditions, the conditions will have to be seen by Maritime New Zealand. It will be better to create a draft, let MNZ inspect it, then make any changes. No indication was given of the amount of time it will take.