Graeme Spencer: If Radio Spectrum Is Taonga, What Isn't?

In 2022 Labour "gifted" 20% of the 5GL spectrum to Maori - not a treaty settlement - a "gift" - along with this gift, $75 million was provided to establish and support the entity (Kāhui Whakaata - the Māori Spectrum Entity) during its formative years.

For years, the spectrum was treated as a national resource - Governments licensed or auctioned it to telecommunications companies, who paid for the right to use specific frequency bands. It was largely an administrative process, and the associated revenue would have benefited all New Zealanders.

Now, the new entity can lease the spectrum rights to mobile operators such as Spark, One New Zealand or 2degrees - the companies that already operate the national mobile networks. Unlike telecommunications companies, the entity does not need to build towers or run networks. It simply creates a revenue stream but with no responsibility!

While exact figures depend on future agreements, estimates indicate the potential annual revenue from spectrum leasing could initially be in the vicinity of $30 million per year (other sources suggest that this could be closer to $100 million) and likely to increase.

Mobile data demand continues to grow rapidly, and new wireless technologies are constantly being developed. Every time the government releases additional spectrum bands for new services, expanded 5G or eventually 6G the entity’s entitlement will likely still apply. As wireless technology expands so will the revenue potential.

This is simply a "RACIST HANDOUT" - it is not a one-off allocation, it is in perpetuity. You may well ask - can it be retracted? In theory yes. Parliament can change almost anything, however, in practice reversing a settlement would be politically difficult and it would not be without serious compensation.

The settlement was in lieu of a potential Treaty claim, Maori claimed it was a "taonga" - as they would.

Historically, we know the word ‘taonga’ referred to physical treasures - carved objects, land, heirlooms, or culturally significant artefacts, its original meaning was as many of the early dictionaries state "was property procured by the spear", it grew to be valuables and possessions. But radio spectrum is not something you can see or hold. It is simply part of the electromagnetic spectrum, a natural physical phenomenon discovered by scientists and used by engineers a modern "invention".

The question arises - If invisible radio waves can qualify as a "taonga" , what about, the air we breathe, sunlight falling on solar panels, wind turning turbines and of course water.

How thin can the meaning of taonga be stretched to make it a revenue-generating asset.

Graeme Spencer is a staunch New Zealander who believes in racial equality and one law for all.