1840s Treaty Hinders New Zealand Auction
From the April 26, 1999 issue of Wireless Week
By Stewart Taggart
SYDNEY, Australia--New Zealand postponed an auction of third-generation spectrum while a tribunal considers whether a
19th century treaty between native Maori and European settlers applies to resources such as wireless communications.
In 1840, outnumbered New Zealand settlers struck a pragmatic deal with the warlike Maori. The resulting Treaty of Waitangi
committed both sides to sharing the islands' abundant natural resources.
But no one knew about radio waves in 1840. Does the treaty apply? That's just one of the questions the 17-member Waitangi
Tribunal must examine before the auction can proceed. Following hearings later this month and in early May, the panel will
make a final report by the end of June. The report will serve as the basis for negotiations between Maori and the government.
If the Waitangi Tribunal decides the spectrum sales are covered under the treaty, the report could suggest that Maori share in
the financial proceeds of the auctions, or that some spectrum be set aside for Maori use.
The New Zealand Commerce Ministry planned to sell various rights in the 1710-1880 MHz, 1920-1965 MHz, 2025-2155
MHz and 2208-2300 MHz frequency ranges via simultaneous ascending auction beginning March 29. Just three days before
bidding was to start, Communications Minister Maurice Williamson announced a three-month suspension of the auction so the
treaty issues could be examined.
Perhaps the biggest question the New Zealand panel must consider will be whether the Waitangi Treaty extends to resources
unknown in 1840. In a preliminary report, the tribunal acknowledged a mixed record of precedents regarding exploitation of
other resources undiscovered in 1840 such as gold and oil.
It also must consider whether the treaty can cover a resource that is largely useless without an advanced technology to access
it. Meanwhile, auction participants are anxious to start the proceedings.
"It would have been more convenient for us if the auction had proceeded as planned," said Clive Litt, spokesman for Telecom
New Zealand, the nation's former monopoly telecom company. "But there's nothing we can do about it."
Mark Champion, spokesman for Vodafone NZ Ltd., also said his company would have preferred for the auction to go ahead
as scheduled.
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