Maori challenge airwaves ruling

By RICHARD BRADDELL

A Maori group opposed to the Government's airwaves auction is taking its claim to the Court of Appeal after yesterday losing its bid to stop next week's sale.

The claimants say they may even go to the Privy Council if necessary, arguing that it is make-or-break for other Treaty of Waitangi claims to natural resources.

"Oh, yes, said Professor Whatarangi Winiata after the decision in the High Court at Wellington. "We've got to win this one. Yes, we've got to take this to the Privy Council and do whatever is necessary."

Professor Winiata is one of the Otaki-based group that has been challenging the Government's decision to allocate one-quarter of the third-generation mobile spectrum to Maori at a price 5 per cent under the average of the other lots.

"This is just too large an issue to be left in this condition," Professor Winiata said, rejecting the judge's opinion that the spectrum auction was simply a blip in rapidly developing communications technologies.

"He should know that he is potentially excluding Maori from all of those other technological developments that are to follow. But in addition to that are the natural resources; that's in the oil, the minerals, what's in the ocean and what's under the ocean."

Professor Winiata said Maori had already demonstrated they were prepared to negotiate. In fisheries, they had sought 50 per cent, but had settled for 10 per cent plus $10 million.

In ruling against the interim injunction, Justice Doogue yesterday rejected arguments that the Crown had failed to consult properly.

He held that there was no statutory power of decision exercised that would require such consultation when the Government rejected the Waitangi Tribunal's recommendation that the auction be suspended until a fair and equitable proportion of the spectrum had been reserved for Maori.

He also rejected arguments that the Crown was in breach of its fiduciary duty or that the plaintiff, Rangiaho Everton, had a legitimate expectation that the Crown would accept the tribunal's recommendation.