HISTORY

 

Māori have been involved in the telecommunications sector since the 1800s. The history of telecommunications in Aotearoa is speckled with "firsts".

 

The first undersea cable in 1876 was installed on land gifted by Māori. The first international voice call was between Native Affairs Minister Sir Apirana Ngata and Australia’s acting Prime Minister. The first words were believed to be, "Kia ora". Māori efforts to contest a place in access to frequencies led to the establishment of Iwi Radio Stations, Māori Television and later 2degrees Mobile - all initiated by Māori.

 

Waitangi Tribunal claims

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Māori access to and ownership of radio spectrum has been an ongoing issue, and we have largely been consumers rather than architects and innovators. The WAI11, Te Reo Māori claim in 1986 foreshadowed the emergence of Māori language broadcasters, who fought for the reservation of AM frequencies for a network of Māori radio stations. Since 1984, four Waitangi Tribunal claims relating to radio spectrum have been based on spectrum as a ‘taonga’ - of special value to Māori. While, Māori and the Crown have not reached an enduring solution, there have been positive outcomes for all New Zealanders as a result of Māori involvement.

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FM radio frequencies

 

In 1990, the Waitangi Tribunal reported on the WAI26 and WAI150 claims for the allocation of FM radio frequencies, and recommended the allocation of FM radio frequencies for Māori.

 

3G spectrum

 

In 1999, the WAI776 claim for the allocation of 2100MHz spectrum was lodged by Rangiaho Everton at the Waitangi Tribunal under urgency. The Tribunal found in favour of the claim, however this was not accepted by the Government. Instead, it established Te Huarahi Tika Trust (THTT) with a one-off fund of $5 million, and the right to purchase a block of 2100 MHz spectrum on behalf of Māori at a five percent discount – costing approximately $14 million. After a long process of regulatory changes sought by Te Huarahi Tika Trust, the group and its partners raised the investment needed to launch 2degrees Mobile.

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2degrees Mobile had an immediate positive impact. As the third player in the mobile sector, the new company was at the forefront of delivering competitive rates and improved value across the whole market. It drove fees improvements across the telecommunications sector, which resulted in economic and employment benefits for all users. Just two years later, an independent study reported that 2degrees Mobile had:

 

• added $2.24 billion of benefit to the national economy

• created 574 new jobs from its inception to December 2011

• saved consumers $1.36m, an average saving of 21 percent

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4G spectrum

Prior to the 2012 auction of the 4G 700MHz spectrum, there was a concerted effort between the Crown and Māori to reach an agreement over rights to spectrum. A cabinet paper was jointly developed between Treaty Claimants and officials from the Ministry of Economic Development (now known as MBIE). However, despite being ready in August 2010, it didn’t make it to Cabinet until a year later. Cabinet declined to make a decision and referred it back to Ministers. In September 2011, the Government rejected Māori calls for spectrum to be treated as a taonga.

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In 2012, the Māori Spectrum Coalition was formed by Waitangi Tribunal Claimants. Again, a joint paper was presented to the Ministers of Māori Affairs, and Communications. In 2013, the Government announced details for the 700MHz spectrum (4G) auction and declined to allocate any spectrum to Māori.

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In 2013, the WAI2224 claim was lodged, objecting to the auction of frequencies in the 700MHz band. The Waitangi Tribunal responded by saying that it had already ruled on the matter in favour of Māori.

 

The Crown set up a $30 million Māori Digital Development Fund (later renamed Ka Hao) to be used over five years to address the critically low engagement of Māori in the technology sector. The funds were to help to build capacity for high value technology jobs, businesses, education and training – and support the rejuvenation of the Māori language using digital technologies.

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The Māori Spectrum Coalition advocated that the fund should be managed by Māori and a distribution and investment model developed. Instead, the Government allocated the funds to its Ministry of Māori Development – Te Puni Kokiri, and a contestable funding model was adopted.

 

5G spectrum

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The Government’s preparations for short term spectrum allocations of 5G in 2020 followed by long term allocations in 2022, sparked a renewed focus on Māori ownership and access rights. While the Crown doesn’t support a settlement claim, it does recognise that Māori have an interest in telecommunications spectrum.

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5G is the fifth-generation mobile technology and the next global standard in wireless connectivity. It will bring faster browsing speeds, low latency (make things quicker to upload) and increased network capacity. The improved capability will create new industries and revolutionise existing ones. The initial band to be auctioned is in the 3.5GHz band.

 

The Māori Spectrum Working Group (which primarily consists of members of the earlier Māori Spectrum Coalition) was formed to work through what that could mean for Māori, and how we might manage our interests.

 

The MSWG goals are to:

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• work alongside Māori communities, interest groups and Iwi to create a permanent Māori Spectrum Rights entity that leverages the radio spectrum to support Māori economic, social, environmental and cultural wellbeing

• agree a long-term solution with the Crown that recognises the shared Māori-Crown interests in spectrum

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WHERE TO NEXT

 

The Māori Spectrum Working Group took the idea of developing a permanent Spectrum Rights Management entity to be established after October 2022 out to Māori communities, Māori businesses, Iwi, and others. This relates to when the Government has scheduled the long-term spectrum allocation auctions.

 

During the two years leading up to the long term auctions, a series of online and/or in-person national and regional hui (Covid-19 levels permitting) were held to gauge the needs of Māori groups, Iwi and communities and seek input and recommendations.

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As a result, support was given by various hui and groups to progress to a Memorandum of Understanding with the Crown, which was signed in February 2022.

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The next step is to develop a legislative mechanism with Māori, by which an enduring arrangement with the Crown can be supported through Cabinet. The draft legislation is in progress.

 

Please register to receive any updates here​.

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"Kua whiwhi a Tane i nga hiringa o te ra, kia ora ake ai nga tini me nga mano a Papatuanuku raua ko Ranginui. Tane has harnessed radiation emanating from the sun to enable life's existence between the sky above and the earth below."

Haami Piripi, Iwi Chairs Forum.

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