John Peek’s Myponga Reservoir dinghy case sinks before Equal Opportunity Commission

A fisherman kicked off a popular reservoir for using the wrong kind of boat claims he’s been discriminated against – because his health makes kayaking impossible.

A fishing enthusiast has lost a legal challenge against being ordered to stop using a dinghy on a popular reservoir.

John Peek, 66, lodged a complaint with the Equal Opportunity Commission claiming he had been discriminated against because kayakers were allowed on Myponga Reservoir, 60km south of Adelaide.

Mr Peek exchanged several letters with SA Water after he was told to get off the reservoir while using oars to row his 2.2m dinghy in April last year.

Mr Peek unsuccessfully sought an exemption to keep using the dinghy, arguing he had numerous medical conditions which made it difficult for him to launch a kayak, including arthritis, difficulty balancing, spinal deterioration, poor vision and frequent leg cramp.

Myponga Reservoir.

Myponga Reservoir was among several SA Water waterways opened by the previous Liberal state government for recreational use, including fishing, walking and cycling.

Strict conditions placed on their use included a ban on all watercraft except kayaks or canoes, no swimming, wading to knee depth only and no horses, dogs, fires or smoking.

The restrictions were implemented in a bid to protect water quality as the reservoirs supply drinking water for most of metropolitan Adelaide.

In his complaint, Mr Peek claimed he could not use a kayak or canoe because of his disabilities and that he had been discriminated against.

SA Water took the dispute to the SA Civil and Administrative Tribunal (SACAT), where it sought an order summarily dismissing Mr Peek’s claim.

During a preliminary hearing, Mr Peek, who has held a boat licence for 35 years, attempted to obtain a court order for a demonstration of how he could safely launch his dinghy at the reservoir without stirring up sediment.

He also sought statistics from SA Water on how many capsizes involving kayaks had been recorded since the reservoirs had been opened.

In a judgment approving SA Water’s application, SACAT president Judy Hughes dismissed Mr Peek’s claim, saying it had no reasonable chance of succeeding.

“There are signs at the reservoir that stipulate which craft are approved for use,” she said. “It allows only kayaks and canoes on the reservoir.”

Justice Hughes said the rationale for the policy had been explained to Mr Peek in a letter from SA Water chief executive David Ryan “which identifies ensuring water quality and human safety as being as being at its centre”.

“The complainant (Mr Peek) asserts that he can comfortably and safely use his dinghy on the reservoir,” she said.

“The respondent (SA Water) complains that the complainant makes no assertion of how he can safely and comfortably use a dinghy but not one of the approved vessels.”

Mr Peek could not be contacted for comment.