I haven't seen any comment on this in the mainstream press. Thought you might be interested. I have copied it from Wired News. Their web address is http://www.wired.com/news/ Graham Young Maori Win Wireless Rights by Kim Griggs 3:00 a.m. 2.Jul.99.PDT WELLINGTON, New Zealand -- The indigenous Maori people of New Zealand own the fish and the forests that grow in their homeland. Now they also own the radio spectrum. A consultative tribunal on Thursday made public its ruling in response to the government's effort to halt a wireless spectrum auction until it could be determined the aboriginal people should receive a cut. The government wanted to auction a 20-year right to manage the radio spectrum in the 2-gigahertz range, a part of the spectrum sought by wireless broadband service providers. But the decision to sell elicited a claim to the ownership of the spectrum from the New Zealand Maori. See also: Is the Spectrum a Tribal Right? Just three days before the bidding for the spectrum was to begin in March, New Zealand Communications Minister Maurice Williamson put the auction on hold for three months in order for the Maori claim to be heard. New Zealand's founding document, the Treaty of Waitangi, was signed in 1840 when European settlers were flooding into New Zealand. The treaty gave the settlers the right to stay in New Zealand and promised the Maori people that they would continue to own their lands, forests, and fisheries for as long as they wished. It also promised to protect all things valuable to Maori people. Deciding on whether the treaty translates into the 20th century -- and beyond -- has been the Waitangi Tribunal. The spectrum debate has been divisive: Only two out of the three tribunal members considering the case agreed wholly with the Maori claim. Tribunal members Josie Anderson and Professor Keith Sorrenson recommended that the government "suspend the auction of 2GHz frequencies until such time as it has negotiated with Maori to reserve a fair and equitable portion of the frequencies for Maori." Judge P.J. Savage, in a minority view, said the auction need not be delayed. But the judge argued that New Zealand must recognize its breach in relation to the Maori language and that "all or a generous portion of the net proceeds of the auction of the 2GHz spectrum be devoted to promoting, developing, and protecting te reo Maori [the Maori language] and Maori culture." The tribunal's role is only advisory: Minister Williamson does not have to follow its recommendation. However, Maori interests are already arguing that the government must enter into negotiations about the "fair and equitable" division of the spectrum. One advocate for the Maori, Professor Whatarangi Winiata, pointed out that in an earlier claim the allocation of New Zealand's fishing rights was split evenly between the government and Maori. "I think that would be a reasonable position to take, but that has to be the subject of negotiation now." The report failed to illuminate what might happen to the wireless industry's part of the spectrum, which could deliver such advanced services as wireless high-speed Internet access and digital-video transmission. "The big question to our industry is likely to be how long this period of uncertainty is now likely to continue. I think the expectation was that the Waitangi Tribunal would resolve it one way or the other," said Ernie Newman, executive director of the Telecommunications Users Association of New Zealand. "What it appears to have done now is throw a huge question mark into the arena." -- Graham Young Phone: 61 7 3252 1470 W 61 7 3252 1471 F 0411 104 801 M Home Page: http://www.onlineopinion.com.au ------------------------------------------------------- RecOzNet2 has a page @ http://www.green.net.au/recoznet2 and is archived at http://www.mail-archive.com/ To unsubscribe from this list, mail [EMAIL PROTECTED], and in the body of the message, include the words: unsubscribe announce or click here mailto:[EMAIL PROTECTED]?Body=unsubscribe%20announce This posting is provided to the individual members of this group without permission from the copyright owner for purposes of criticism, comment, scholarship and research under the "fair use" provisions of the Federal copyright laws and it may not be distributed further without permission of the copyright owner, except for "fair use." RecOzNet2 is archived for members @ http://www.mail-archive.com/
