Graeme Everton

Graeme Everton

PO Box 585
Levin
Horowhenua
Aotearoa New Zealand

3 October 2007

Brian Miller
MED
PO Box 1473
Wellington

Brian. Tena koe

RE: 2.3-2.5 GHz Radio Spectrum Auction

Please find accompanying a copy of the letter we have sent to the Hon. David Cunliffe. We weren't able to make a submission on the discussion paper of the 2.3/2.5 spectrum auction because of a delay meeting with Te Puni Kokiri until the 20th of September. This was needed to clarify their position on spectrum allocations for Maori and their past advice to MED.

Though we weren't able to make the formal deadline for submissions, we would like the Ministry to consider our letter to the Minister of Communications as our position on any spectrum auction/allocation likely to occur now or in the future. If you have any questions please feel free to call. I look forward to your reply.

Noho ora mai
na
Graeme Everton

3 October 2007

Hon David Cunliffe
Minister of Communications
Minister for Information Technology
New Zealand Parliament
Molesworth St
Wellington

Mr Cunliffe, tena koe

RE: 2.3-2.5 GHz Radio Spectrum Auction

I write to seek your support for an inquiry to be undertaken by the Crown, and for policy to be developed, to ensure that Maori interests in electromagnetic spectrum are protected, so that Maori can fully participate in economic transformation and the development of a knowledge economy.

As the son of the claimant Rangiaho Everton (now deceased) in the WAI 776 claim in respect of 2 GHz spectrum, I am obliged to continue my mothers work to see the claim settled by the Crown. Those involved in bringing the Wai 776 claim remain committed to positive and constructive engagement with the Crown and believe that a fair resolution to the issues raised by the claim can only lead to a positive outcome for both Treaty partners.

As the Crown proceeds to auction blocks of spectrum, the claimants continue to highlight the need to settle Wai 776 as an enduring solution to the issue of Maori spectrum allocations, in line with our earlier submissions to the Ministry of Economic Development and subsequent letter to the Minister of Communications and Maori Affairs on the 2.3 GHz auction.

On making its recommendations back in 1999 the Tribunal recognised that the importance of radio spectrum was in the overall ownership and management of spectrum, not in the Crown's policy of allocating spectrum to Maori for a specific purpose e.g. language and culture:

'In our view, such an arrangement is preferable to some form of compensation by the Crown in lieu of spectrum frequencies. Maori must have hands-on ownership and management if they are to foot it in the "knowledge economy", as we believe they must in the coming millennium. " ¹

It proposed that a national body be set up to manage the assists (both frequencies and cash from development and leases) from the claim, with assists being used to develop infrastructure and to educate and train Maori in the telecommunications sector.

"Because this is in effect a national Maori claim, we recommend that the Crown and Maori consider establishing a Maori trust, somewhat along the lines of the Crown Forestry Rental Trust ... Any income that a Maori spectrum trust received - say, from the development or lease of frequencies - could be used to develop infrastructure for remaining Maori frequencies or to educate and train Maori staff for employment in that infrastructure or elsewhere in the telecommunications industry.” ²

With the upcoming auction of 2.3 and 2.5 GHz frequencies the recommendations of the Tribunal are as relevant today as they were back in 1999 but what has also become more certain is how essential participation in the digital society is and how crucial Information and Communication Technology (ICT) will be to the economic transformation and prosperity of Maori:

From the Ministry of Economic Development, Discussion Paper Radio Frequency Auction: 2.3 GHz and 2.5 GHz Bands (2007)

77. The Government's Digital Strategy recognises the importance of working with Maori to assist Maori, as individuals or collectives, to achieve their goals for the use of ICT including their economic development goals. ICT can be used to help create the conditions for the realisation of the diverse forms of Maori potential.³

Te Puni Kokiri Statement of Intent 2007-10 (2007)

"The Government is committed to raising incomes and quality of life for all and is

emphasising economic transformation as one of its three priority areas for the next decade. It has identified the need for more innovators, risk takers, and entrepreneurs. New Zealand is a nation of inventors and adaptors. There is a strong culture of pragmatic problem solving. We are a closely networked community and ideas travel well. All of that contributes to a highly innovative climate. Economic transformation seeks to build on this history of innovation and is about creating a knowledge-led, innovative economy driven by creative business, underpinned by a world-class infrastructure, and conducted in an environmentally sustainable way.” ⁴

Today both Ministry of Economic Development and Te Puni Kokiri acknowledge the importance of Maori participation in a knowledge-led, innovative and technology driven economy but neither has done the policy work or enquiry necessary to recommend a spectrum allocation strategy that will ultimately contribute to positive economic outcomes for Maori. Because radio spectrum has the potential to surpass the economic value of fisheries as a Maori owned asset, not only does auctioning frequencies without adequate consideration continue to breach the Treaty but it also risks excluding 2.312.5 GHz and other spectrum as allocation option in the future should it be required.

As the only fact based enquiry into spectrum allocation as an economic resource for Maori, the Waitangi Tribunal Wai 77k report nd recommendations provides an appropriate starting point for any investigation into the use of radio spectrum as an economic asset for Maori.

We strongly urge you to persuade the Crown to reconsider is position on the Wai 776 and to engage in consultation with Maori to reach a settlement of this outstanding claim.

Noho ora mai
na
Graeme Everton

1. Extract from Waitangi Tribunal website, Summary Final Report Wa 776:
   
2. Extract from Waitangi Tribunal website, Summary Final Report Wa 776:
   
3. Discussion Paper: Radio Frequency Auction: 2.3 GHz and 2.5 GHz Bands, Section: 5 Maori Interests
4. Te Puni Kokiri Statement of Intent. Section: Economic Transformation