Maori: report backs airwaves claim

By Keith Newman

A last-minute bid to stop a Commerce Ministry auction at the end of this month is being fuelled by the discovery of a buried Government report which asserts Maori have a right to at least 50 per cent of the nation's radio frequencies.

Wellington barrister Maui Solomon said the delay in bringing the case was due to Government unwillingness to disclose important information.

He used the Official Information Act to acquire a copy of the Tichbon Report, which recommends "at least 50 per cent" of the frequencies should be reserved for Maori.

The report, commissioned by the Ministry of Maori Development, says the 2GHz spectrum auction is "a once-in-a-lifetime opportunity and Maori should participate in it". The ministry made that same recommendation to Cabinet.

The Commerce Ministry plans to auction off 1310 frequency lots including 35 sets of management rights, expected to attract strong interest from businesses wanting to build second-generation cellular networks for mobile telephones, Net access and data networking.

On Monday Judge Ken Hingston in the Maori Land Court granted urgency to a Waitangi Tribunal request to hear submissions on the need to halt the auction.

The hearing starts today and is expected to continue next Tuesday.

The claimants want to renegotiate the conditions of the frequency auction and if unsuccessful will seek a full hearing. The Tribunal is due to deliver its findings on March 29, the day the auction is scheduled.

"The claim states that Maori have a Treaty interest in part of the radio spectrum and are seeking consultation with the Crown before it sells management rights," said Geoff Melvin, registrar with the Waitangi Tribunal.

While the Tribunal has no legal power it can make recommendations to the Crown, and to the ministers of Maori Affairs, Commerce, Treasury and Telecommunications.

If successful the move could affect a second event planned for later this year when digital television frequencies go to auction.

"We're asking the Tribunal for an interim ruling and to postpone the auction so there can be a substantive hearing to look at the overall radio spectrum and Maori desire to have a management role in that," said Mr Solomon.

The claimants state in 1990 the Waitangi Tribunal determined Maori had an interest in the radio spectrum resource, but in the interim technology had developed so much they were now asserting rights over all potential uses.

Wim Zwart, auction manager for the Commerce Ministry refused to comment on a likely cancellation, saying auction plans would continue as normal. The new Internet-based auction system is currently being put through its paces by interested parties and potential bidders.