frequencies in November 2013. Telecom, Vodafone and
2degrees were among those who secured slices of the
spectrum.
4G was not the only spectrum issue faced by Mäori in
2013. With television moving from analogue to digital
broadcasting, a new law was passed giving Mäori Television
the right to switch to the digital spectrum and transferred
spectrum management rights from the Government to the
Mäori TV Service Electoral College, Te Pütahi Paoho.
Waitangi Tribunal
The Waitangi Tribunal is an independent commission of
inquiry which has statutory responsibility for investigating
claims brought by Mäori into alleged breaches by the
Crown of its obligations to hapü and iwi under the Treaty.
The Tribunal currently has three district inquiries and one
regional inquiry underway. These are the Te Rohe Pötae
(King Country) district inquiry; the Porirua ki Manawatü
district inquiry, the Taihape (inland Pätea or Mäkai Päea)
district inquiry, and Te Paparahi o te Raki (Northland) − a
regional inquiry which covers seven Taiwhenua or districts.
These district inquiries comprise the largest part of the
Tribunal’s current work, collectively covering around 800
individual historical claims.
In 2013 the Tribunal released the following reports:
1.
The Ngäti Kahu Remedies Report responded to an
application from Ngäti Kahu asking the Tribunal to
make a binding recommendation for the return of
land. Such binding recommendations apply to land
previously transferred to a State owned enterprise and
to Crown forest licensed land. The Tribunal concluded
that it could not make binding recommendations but
went on to set out a series of recommended remedies
for providing redress to Ngäti Kahu for the Crown’s
historical breaches of the Treaty.
2.
Matua Rautia: The Report on the Köhanga Reo Claim
responded to the concerns of the köhanga reo
movement regarding risks to the future of te reo Mäori
following the release of a report to the Government
from the Early Childhood Education Taskforce. The
Tribunal recommended that urgent steps be taken by
both Mäori and the Crown to assure the long-term
health of te reo as a taonga of Mäori.
3.
Te Kähui Maunga: The National Park District Inquiry
Report which found that the Crown had not honoured
an intended partnership with Ngäti Tüwharetoa and
had established the Tongariro National Park without
proper consultation. The Tribunal recommended that
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the Crown honour its Treaty obligations by making a
new partnership arrangement for the national park.
The Tribunal also found that Tüwharetoa, Ngäti Rangi
and Whanganui iwi are entitled to compensation for
use of their taonga to generate electricity, particularly
in the case of Lake Rotoaira.
The Mangatü Remedies Report responded to four Mäori
groups that had asked the Tribunal to make a binding
recommendation for the return of the Mangatü Crown
forest licensed land. The Tribunal concluded that such a
recommendation may not provide proportionate redress
and would not be fair and equitable between the four
groups. The Tribunal urged all the applicants to return to
settlement negotiations with the Crown.
Two urgent inquiries are currently before the Tribunal.
These include the National Fresh Water and Geothermal
Resources Inquiry which has commenced Stage Two
of the process and is awaiting a Crown update on the
reform of freshwater management and governance, and
also the New Zealand Mäori Council Mäori Community
Development Act Claim which concerns the Crown’s
reform of the Mäori Community Development Act, in
particular the consultation process and the effects of the
reform on the New Zealand Mäori Council and the Mäori
Wardens.