Spectrum auctions stalled

By Keith Newman

Treaty of Waitangi claims against the Government for selling radio frequencies without involving Maori are likely to delay planned auctions of communications and digital TV licences until early 2000.

A report from the Waitangi Tribunal, claiming a right to all radio spectrum, was lodged with Government ministers yesterday, along with allegations the Radiocommunications Act 1989 is in breach of the Treaty, because Maori have not been involved in the sale of radio frequencies.

Communications Minister Maurice Williamson gave the Waitangi Tribunal until the end of June to come up with a substantial report after it succeeded in stopping a planned Ministry of Commerce auction in March. Mr Williamson yesterday said he was considering the report and was not ready to respond.

The Ministry of Commerce needs three months to advise potential bidders for any auction and a national hui, or gathering, of Maori interests to work through the issues is not scheduled until August.

It is likely there will be ongoing discussions before a representative body of Maori is ready to negotiate with the Crown. The tribunal believes Maori interests could be served through using the air waves for education, medicine, remote communications, promotion of language and culture and to get more Maori working in the telecommunications industry.

The tribunal report, which follows a full hearing in April, recommends Maori be involved in any future auction of radio waves and planned auctions be delayed until they get "a fair and equitable" share. It is recommended Maori "retain a substantial ownership stake", even if they decide to lease some frequencies or enter into joint partnerships either with the Crown or private enterprise.

Compensation is sought for revenues gained from spectrum licences already sold, including the 28GHz lots which raised over $3.2 million for the Government last year. The tribunal wants costs to cover the tribunal hearing and financial assistance to set up the new negotiating body.

The 100-page report says Maori must have hands-on ownership and management if they are to foot it in the "knowledge economy", in the coming millennium.

It does not suggest what the Maori share should be, or what Maori should do with it, saying that is a matter for negotiation.

The tribunal report stemmed from a treaty claim by Rangiho Everton, acting on behalf of the Ngati Raukawa tribe north-west of Wellington, and was supported by two witnesses, her computer engineer son Graeme Everton and Professor Whatarangi Winiata of Victoria University.

The New Zealand Maori Council and Wellington Maori Language Board also back assertions that access to radio spectrum is vital for Maori education and language and could provide job opportunities.