Except that he is above 150' to 200', not descending and not on final approach. He is not a landing aircraft. he's not even pointing at the pad. Would you call an aircraft on base leg a landing aircraft?
It doesn't matter because he had right of way anyway - not sure why you have a problem about this.
Define landing in regulatory terms......
CASR
91.330 and
91.340 .
91.330 items 2 and 3 deal with define circumstances for giving way when approaching or landing.
item 6 is the basic give way to the right rule.