The owner of a Milton helicopter company has denied charges after one of his pilots crashed and died while flying at night, allegedly outside the terms of his licence.

The case of Alister John Lister, 50, was called in the Dunedin District Court this morning - jointly with his company Lister Helicopters Ltd - on two charges under the Health and Safety at Work Act and one breach of the Civil Aviation Act.

Charges were laid in October 2022, following the death of pilot Dan Harrison in September 2021, and progress has been repeatedly delayed over a range of evidential issues.

But today counsel for both Lister and his company entered not guilty pleas and elected trial by jury.

Lister could be liable for up to five years’ imprisonment on the most serious charge and the firm may be fined up to $3 million according to court documents.

Police were informed after a Eurocopter Squirrel AS350 travelling from Milton to Alexandra was overdue.

The wreckage was found a couple of hours later at Deep Creek, west of Dunedin.

Helicopter pilot Dan Harrison died in September 2021.

The aircraft is believed to have flown over State Highway 8, towards Lawrence, over Glendhu Forest.

According to charging documents, Harrison held a licence with a “restricted night rating”, which barred him from undertaking such a cross-country flight at night.

Lister is accused of allowing the aircraft to be operated in a manner which caused unnecessary danger to the victim.

He also allegedly failed to exercise due diligence by not complying with the company’s internal policies and procedures, not ensuring pilots were operating within the terms of their licence, and not communicating to clients the limitations of when the company would be able to commence frost-fighting operations.

As a business owner, Lister’s alleged conduct exposed Harrison to the risk of death or serious injury.

In the days following the tragedy, Lister told the Otago Daily Times he was “devastated” but declined to comment further after charges were laid.

Harrison had also flown for Queenstown helicopter company Over The Top, which said he was respected and loved by crew and clients.

“Dan had a particular flair with our clients, entertaining them whilst exhibiting professional flying – a wonderful ambassador for New Zealand. A good good person, you could not find a better man,” said chief executive Louisa Patterson at the time.

“The world has lost a gem. Our hearts are broken, a very sad time for all. Our thoughts are with the family and his colleagues in the South.”

The firm’s website said Harrison had been flying helicopters since 2006, in Canada and throughout the South Island.

He had been awarded a Silver Safety Award from the NZ Helicopter Association (NZHA) for more than 10 years of continued safe flying.

The case will next come before the court in May.