The hui notes were part of a dump of mixed ownership model documents from the Treasury, released just before the long Easter weekend. That includes Treasury advice on Sept. 29 last year that Treaty of Waitangi obligations could threaten valuations of the floats by creating uncertainty for investors, and that retaining a provision preventing the companies from acting in a manner contrary to the Treaty was inconsistent to aligning the energy firms to other listed entities.
The government ultimately drafted legislation to deal with this concern by transferring existing clauses in the State Owned Enterprises Act relating to Crown obligations to Maori under the Treaty, making it explicit that grievances wouldn't apply to private shareholders.
The documents also rule out special favours for Maori investors, with English and SOE Minister Tony Ryall saying they made it clear "Maori will not be given access to shares at a concessional price" and if shares were to be used as part of a settlement, the Crown would probably have to buy them on-market, according to a Feb. 28 Cabinet paper.
In the same paper, English and Ryall knocked back a push by the Office of the Ombudsman to keep the companies subject to the Ombudsmen and Official Information Acts, saying "commercial entities operating in a competitive environment" face the best remedy from consumers who can shift their business to a different provider.
"The risk of losing customers provides strong incentives for the companies to be client-focused, and the risk of losing or disappointing shareholders and facing a falling share price incentivises the companies to operate efficiently," the paper said.