Prelims

LIST OF CONTENTS

Letter of Transmittal

Part I: The Majority Finding, Being the Finding of the Tribunal (J M Anderson, Professor M P K Sorrenson)

Chapter 1: The Claim

1.1 Introduction

1.2 Findings and recommendations sought

1.3 The hearings

Chapter 2: Background

2.1 Report on the Te Reo Maori Claim (1986)

2.2 The Report on Claims Concerning the Allocation of Radio Frequencies (1990)

2.3 The broadcasting assets litigation and 25–29 GHz auction

2.4 Radio Spectrum Management and Development Interim Report (1999)

Chapter 3: The First Limb of the Claim

3.1 Claimant submissions

3.2 The Crown’s submissions

3.3 The principles of the Treaty revisited

Chapter 4: The Second Limb of the Claim

4.1 Claimant submissions

4.2 Crown submissions

4.3 Treaty principles

Chapter 5: Findings and Recommendations

5.1 Findings

5.2 Recommendations

Part II: The Minority Finding of Judge P J Savage, Presiding Officer

1.1 Introduction

1.2 The claim to a resource

1.3 The merits of the claim

1.4 The second limb of the claim

1.5 Conclusion

Appendix I: Statement of Claim

Appendix II: Record of Inquiry

Record of hearings 91

Record of proceedings 92

Record of documents 94

LETTER OF TRANSMITTAL

The Waitangi Tribunal

Wellington

The Honourable Tau Henare

Minister of Maori Affairs

Parliament Buildings

Wellington

Tena koe te Rangatira

This is our final report in this matter. Our interim report was delivered on 26 March 1999, and we were asked to make a final report available within three months of 29 March 1999 – the date on which the auction of management rights to frequencies within the 2 GHz range had been due to commence.

We held a further six days of hearings and had reference, by agreement, to the evidence given at the hearings prior to the delivery of the interim report.

You will see that we remain divided on our findings on both limbs of the claim.

We have, however, by different paths reached the conclusion that there is a breach of the principles of the Treaty.

We have not been able to agree on the nature of the breach or the appropriate recommendations.

The decision of the majority is, of course, the decision of the Tribunal.

Dated at Wellington this 28th day of June 1999

Judge P J Savage (presiding officer)

J M Anderson (member)

Professor M P K Sorrenson (member)