Maori claims

38. The second auction called in 1990 was for AM and FM radio broadcasting licences. This led to a request for an urgent hearing by the Waitangi Tribunal of two claims before it⁴⁵. The claimants maintained that the number of frequencies, especially FM, the Government proposed to reserve for promotion of Maori language and culture through broadcasting were inadequate. The Tribunal recommended postponement of the auction however this was refused by the Government. The claimants commenced action in the High Court and on 21 September 1990 and Justice Heron declared that the Crown should postpone the auction for six weeks. This was appealed to the Court of Appeal in October. The majority of the Court found that the Minister could not reasonably have decided to proceed with the auction without first awaiting the report of the Waitangi Tribunal⁴⁶.

39. A general election was held in 1990 and the new Minister of Communications, the Hon. Maurice Williamson, issued this media release on 18 December 1990:

    "The tender had been delayed since September as a result of a declaration in the High Court that the Government should consider the Waitangi Tribunal's recommendations before proceeding further. A key recommendation of the Tribunal had been that the Government provide FM frequencies for Maori broadcasters in Auckland and Wellington. 'The Government has now considered the Tribunal's report. Its decision is that the AM/FM tender should proceed,' Mr Williamson said. 'Notwithstanding this decision, I am satisfied that an FM frequency or frequencies giving reasonable coverage to Maoridom could be engineered for Wellington, and possibly for Auckland as well'."

    Although the auction proceeded, further FM frequencies were reserved nationwide for promotion of Maori language and culture.

Footnotes

⁴⁵ WAI 150 and WAI 26 respectively.

⁴⁶ Summarised from section 2.2 of the Waitangi Tribunal WAI 776 'The radio spectrum management and development final report', 28 June 1999.