3.1.3 Maori interests

Te Huarahi Tika Trust submits that there remains unfinished business in relation to Crown obligations to Māori in relation to the radio spectrum. It contends that any conversion of spectrum to the MRR without specific consultation with Māori is inappropriate and that Māori should not have to pay for rights to use the spectrum. Te Taitokerau Iwi also suggests that the Crown partnership with Māori under the Treaty needs to be recognised as a mandatory consideration in spectrum management affairs as part of its Treaty of Waitangi obligations.

The potential for Māori spectrum rights under Article Two of the Treaty of Waitangi was considered by the Waitangi Tribunal under Claim WAI 776 in 1999. The majority view found that the radio spectrum was known to Māori, was taonga, and was therefore subject to the Treaty. The minority view from the Presiding Officer did not accept that finding, but did accept that the Crown had failed in adequately protecting Māori language and culture.

Cabinet, in 1999, declined to accept the view that the principles of the Treaty require that Māori be given a share of rights to the spectrum but noted that there was an ongoing obligation to promote and protect Māori language and culture. It also noted that it is not necessary to reserve spectrum for the purpose of promoting Māori language and culture where ownership or control of the spectrum is not a prerequisite to ensuring access to services. The incoming Government confirmed this position to not specifically reserve spectrum for Māori in February 2000.

With respect to recent spectrum allocations undertaken by Government, Cabinet agreed that preferential bidding for a special block of spectrum at 2 GHz be restricted to parties able to demonstrate a commitment to involve Māori in spectrum development. The Crown has retained this spectrum pending purchase by the Hautaki Trust. In the UHF bands, the Māori Television Service has been granted a management right (which expires in 2013 and is currently under review) and another 25 MHz was reserved for Hautaki Ltd as part of the 2.3 GHz and 2.5/2.6 GHz auction in 2007.

The Ministry will continue to ensure that Māori interests are considered in future consultation processes concerning new spectrum allocations in order to inform Government decisions on a case by case basis.