Waitangi Tribunal: Asset sales should stop

Written By: - Date published: 3:58 pm, July 30th, 2012 - 70 comments
Categories: Maori Issues, Privatisation - Tags: , ,

Well now the cat is among the government’s pigeons.

Breaking news, on NZ Herald: “Tribunal: Asset sales should halt”, and Stuff: “Tribunal says halt sale”:

In a report, out today, the Tribunal sums up both sides of the argument following an urgent hearing in Lower Hutt earlier this month.

“We therefore conclude that the Crown ought not to commence the sale of shares in any of the Mixed Ownership Model companies until we have had the opportunity to complete our report on stage one of this inquiry and the Crown has had the opportunity to give this report, and any recommendations it contains, in-depth and considered examination,” it said.

Will update as reaction emerges.

Update: The Herald piece linked above now includes:

State Owned Enterprises Minister Tony Ryall said the Government was considering the tribunal’s direction and would seek advice from officials and the Maori Party before making any decisions.

Mana Party leader Hone Harawira said the direction was the first step in shutting down the Government’s plan to sell power companies. “Along with most Kiwis, I couldn’t be happier,” he said.

70 comments on “Waitangi Tribunal: Asset sales should stop ”

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  1. yeshe 1
    30 July 2012 at 4:04 pm

    The phone lines to Crosby Textor must be running red-lava hot ! Dyspepsia, Mr Key ?

  2. Frank Macskasy 2
    30 July 2012 at 4:12 pm

    Whoda thunk it; the Treaty of Waitangi rescuing Pakeha from their own stupidity and folly…

    • weka 2.1
      30 July 2012 at 4:41 pm

      😀  
       
      It does present Pakeha NZ with an interesting dilemma.

    • mike e 2.2
      30 July 2012 at 4:42 pm

      Frank the racist bigots over on KB must be foaming at the mouth

    • Murray Olsen 2.3
      30 July 2012 at 5:27 pm

      Today I’m proud to be Pakeha, because it’s the Treaty that makes it possible to be one. The irony is that those who say nobody owns the water are quite happy for Key to sell the hydro water to his mates. This is an important first step in becoming one nation, but the rednecks won’t see it as anything but further divisiveness. I see it as Maori saving all of us from a sick predatory government sent from Washington.

      • fustercluck 2.3.1
        30 July 2012 at 5:33 pm

        While I am sure that many things odious have and will continue to emanate from the District of Columbia, I think the present PM was gifted to us by the evil elves within the bowels of the City of London.

      • mike e 2.3.2
        30 July 2012 at 5:43 pm

        +6 billion to NZ
        -6billion to Goldman Sachs Secret Agent Shonkey
        Priceless

      • Sunny 2.3.3
        30 July 2012 at 7:48 pm

        Agree. Proud to be Pakeha. We are fortunate indeed to have the Treaty and the Tribunal.

  3. r0b 3
    30 July 2012 at 4:13 pm

    Key is between a rock and a hard place. He can ignore the Tribunal, or he can see his centerpiece political (and financial) policy delayed. My bet is he goes with the former, and the ball is in the Maori Party’s court.

    • chris73 3.1
      30 July 2012 at 4:27 pm

      Hopefully he will ignore them

    • bad12 3.2
      30 July 2012 at 4:33 pm

      Aha, that’s a bet you wouldn’t lose, Slippery will of course ignore the Waitangi Tribunal citing mandates and other such bullshit,

      The Maori Council tho will see Slippery’s bet and raise Him a trip to the High Court for an injunction to halt the sale of Mighty River Power until ‘ownership’ issues are settled by negotiation,

      Should the high Court grant the Maori Council such an injunction,and i have no belief that they won’t, then the options for Slippery’s National Government get a little thinner,

      * Stop the sale of Mighty River Power and negotiate,(while maybe pushing the sale of Solid Energy forward)

      * Legislate over the top of the High Court’s injunction,

      *Call an early election…

      • Clashman 3.2.1
        30 July 2012 at 4:37 pm

        Or buy them off with a nice big parcel of shares. Then he can put the boot in to Maori when the revenue from the sales falls below expectations. Win-Win for Key and his cronies

        • bad12 3.2.1.1
          30 July 2012 at 5:03 pm

          Not so sure about a win-win for National anywhere in asset sales, considering that even half the people who will buy the shares don’t really think the Government should be selling them in the first place,

          Should Slippery do a deal with the Maori Council National can expect to lose a slight % of it’s vote probably to NZFirst who are the more vocal opponents of such deals,

          The time taken to ‘do a deal’ with Maori for Slippery simply means that the referendum on asset sales draws ever closer,

          While time ticks in National having to either ‘ do deals’ or Legislate away Court orders that stand in it’s way 2014 draws ever closer,

          Should a referendum be realized befor the 2014 election which is overwhelmingly against asset sales and National continue with the asset sales program,(which it can’t help but do), on the asset sales issue alone they are likely to be given a thumping by the electorate…

      • Kotahi Tāne Huna 3.2.2
        30 July 2012 at 4:40 pm

        Calling an early election would simply postpone the other issues you identify.

        What will their anonymous donors say? Six years, all that policy bought and paid for…ah well, the value of your investment can go up or down.

        • Colonial Viper 3.2.2.1
          30 July 2012 at 5:17 pm

          
ah well, the value of your investment can go up or down.

          And that’s about the time a tax payer funded bailout for the private sector kicks in…

      • Fortran 3.2.3
        31 July 2012 at 1:50 pm

        bad12

        Key could call a General Election on this one issue – who owns the water, and after yesterday’s rain I wonder too.
        I believe that only 3 weeks is required to call an Election.

  4. Carol 4
    30 July 2012 at 4:16 pm

    As I’ve just posted on Open Mike:

    http://thestandard.org.nz/open-mike-30072012/comment-page-1/#comment-500219

    And, of course, it’s not surprising that the Herald immediately highlights the IWG position, and ignores the views of other Maori groups.

    The Herald says:

    The hapu and iwi argue they should receive shares in the Mighty River or other state owned power companies slated for partial privatisation under the Government’s “mixed ownership model”.

    And, as it says on Stuff, selling the assets could diminish the rights of Maori to claim water rights in the future, so this needs to be decided before the sales go ahead:

    The question of Maori ownership was “not an implausible one” and if the Crown altered its ownership of freshwater resources it may limit their ability for redress.

    “Putting it another way, they are serious issues to be inquired into.”

    The Crown had said it could buy back shares in the mixed ownership model, but that was only a partial factor, the report said.

    “As the shares, once sold, can only be repurchased from a willing seller and may require a prohibitively expensive outlay.”

    Or the Government would have to pass legislation compulsorily returning the shares to Crown ownership.

    “The sale of shares in Mixed Ownership Model companies could therefore cause a significant disadvantage to the claimants, were their claims to be determined to be well founded by the Tribunal.”

  5. Anne 5
    30 July 2012 at 4:18 pm

    Wait for every political distraction in the rule book to rear its ugly head. Wait for every accusation ever made against Labour and/or the Greens – every supposed misdemeanour since God made little apples…

    Nothing to do with Asset Sales of course.

    • Carol 5.1
      30 July 2012 at 4:30 pm

      Hmmmm… and which issue will get the top billing and most attention on TV One & TV3’s news tonight?

      a) The Christchurch Rebuild Announcement – timed to coincide with the 6pm news
      b) The Waitangi Tribunal’s announcement on halting asset sales

      • yeshe 5.1.1
        30 July 2012 at 5:26 pm

        Carol .. didn’t even make the TV1 news promo at 5.23 … ChCh rebuild first, then Mark Todd meeting people in London, then probs with Kiwirail’s trains. UNBELIEVABLE. rolling eyes.

        • yeshe 5.1.1.1
          30 July 2012 at 5:47 pm

          and the 5.44 promo … Chch first, then Key changing his mind to support gay marriage, then the possible dangers of smartphones .. ain’t it grand to have an Australian in charge of news at TVNZ ?

          • Akldnut 5.1.1.1.1
            30 July 2012 at 7:07 pm

            Just watched TV3 news highlights, hell the main issues were ChCh rebuild first, then Mark Todd doing well. Bloody disgraceful and pathetic to miss the tribunals recommendation when it is a lot more important than 1 guy riding a fucking horse.

    • toad 5.2
      30 July 2012 at 5:21 pm

      What’s the bet Paula Bennett says something outrageous about beneficiaries again within the next few days to get the Tribunal recommendation out of the headlines.

      • mike e 5.2.1
        30 July 2012 at 5:31 pm

        We should start a sweepstake!
        Crusless
        Tolluene
        Gerryhatrik brown nose lee
        Nick smith has had another affair

        • Anne 5.2.1.1
          30 July 2012 at 6:02 pm

          Maggie Barry questions whether Jacinda Ardern is really a woman or a man dressed as a woman and that’s why she’s got no kids?

          Melissa Lee spots another hoard of gangsters from Sth. Auckland on their way to West Auckland via Mt Albert? Planning to stop off in Remuera for a spot of burglaring?

        • mike e 5.2.1.2
          30 July 2012 at 7:26 pm

          Bugger I got it wrong it was Shonkey supporting Gay marriage .
          Bloody smart people those crosby textors maybe Labour should look at Alistair Campbell.

      • Tigger 5.2.2
        30 July 2012 at 6:00 pm

        I’m thinking Key’s ‘gay marriage won’t make my wife a lesbian’ comment today was designed as one possible source of distraction today…

      • Frank Macskasy 5.2.3
        31 July 2012 at 12:21 am

        No bet. It’s practically a dunne deal. Ooops, I meant done deal…

        Actually, I was right first time.

      • tracey 5.2.4
        31 July 2012 at 7:01 am

        you dont think brownlees outrage at insurance company was the pre empttive for this decision

  6. BernyD 6
    30 July 2012 at 4:24 pm

    We’ll be contributing to the Global Financial Crises soon …… waaaaah |-)

    • mike e 6.1
      30 July 2012 at 5:34 pm

      BD we have already put $180 million into the IMF no doubt by the time Europe comes out of its Austerity drive we will have subsidized the delinquent and fraudulent banks many hundreds more

      • BernyD 6.1.1
        30 July 2012 at 6:03 pm

        What , waaaaaaaaaa , [Need Dummy Spitting Emoticon].
        We’re going broke and need a bailout, aint that what insurance is about.

      • BernyD 6.1.2
        30 July 2012 at 6:11 pm

        Shinkey should be all over this, He’s the creative accountant from Hell
        About time he used his skills for New Zealanders !

        • bad12 6.1.2.1
          30 July 2012 at 8:33 pm

          I dunno bout that, Slippery is ‘the man’ when he is playing money trader with the Head gangster of the Banking Corp ringing down from on high to tell the little shyster which little country to shaft this week,

          But,

          Having ‘lost’ a cool 5 million outta His personal fortune in a year, (gee a mill for every % of the vote the Party’s lost), the Slippery one has lost the gloss and as any gambler will tell you once your on a losing streak the only thing you can do is swallow the anti-depressants with your whisky and wait till it bottoms out…

      • Colonial Viper 6.1.3
        30 July 2012 at 7:03 pm

        mike e

        NZ commits another $1.36B to IMF

        Because Bankster PMs around the world work hard to bail out other Banksters.

        http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10814024

        • BernyD 6.1.3.1
          30 July 2012 at 7:08 pm

          Can we ask for it back?, we need to build a new school mun

          • Fortran 6.1.3.1.1
            31 July 2012 at 1:53 pm

            BernyD

            The financial committment to the IMF is an interest bearing loan.

            • Colonial Viper 6.1.3.1.1.1
              31 July 2012 at 1:59 pm

              The financial committment to the IMF is an interest bearing loan.

              So NZ is borrowing money from overseas at interest, and then lending it back overseas to the IMF at interest, who then uses it to lend at interest, to bad credit risk countries at risk of defaulting on their debts.

              I’m happy because I can’t see anywhere where this Bankster game could possibly go wrong for us.

            • BernyD 6.1.3.1.1.2
              31 July 2012 at 4:49 pm

              What , waaaaaaaaaa , [Need Dummy Spitting Emoticon].
              We’re giving loans to bankrupt countries,
              And we need to build a School mun

        • mike e 6.1.3.2
          30 July 2012 at 7:10 pm

          Thanks CV
          $4.1 billion committed $320 million paid out to bailing out banksters.

    • BernyD 6.2
      30 July 2012 at 6:08 pm

      But on a serious note …

      It’s good to see the Judicial system actually works and repects the Individual and It’s representatives

  7. marty mars 7
    30 July 2012 at 5:21 pm

    The language the Waitangi Tribunal have used is pretty pointed

    in the conclusion they state in point 59 that

    In the interests of the Maori-Crown relationship, and all New Zealanders, the issues raised in this stage of the inquiry are serious ones that warrant measured consideration.

    And in point 61

    We therefore conclude that the Crown ought not to commence the sale of shares in any of the Mixed Ownership Model companies until we have had the opportunity to complete our report on stage one of this inquiry and the Crown has had the opportunity to give this report, and any recommendations it contains, in-depth and considered examination. (my emphasis)

    http://img.scoop.co.nz/media/pdfs/1207/Wai_2358_2.7.2.pdf

    http://mars2earth.blogspot.co.nz/2012/07/slipping-on-water.html

    The truth about what was really said and agreed to between the Maori Party and Key will be tested now.

  8. Cnut 8
    30 July 2012 at 6:00 pm

    So it will come down to what it takes to buy Maori objections out.

    Of course every share from the 49% allocated to Maori “as compensation” means the Crown will raise less unless the price for the remaining shares is lifted – so the most likely result is that Maori are fobbed off with shares producing income for the Iwi elite as negotiated by Turiana while KiwiSaver and other funds plus Key’s friends who buy the shares get less for their money and the Crown and tax-payers raise less to spend.

    So apart from Maori bag-holders no-one benefits and the National Party will be rightly hammered by most Maori, and most everyone else. You lot should be delighted.

    • Pascal's bookie 8.1
      30 July 2012 at 6:29 pm

      If it doesn’t make economic sense to sell them, then they just shouldn’t, silly cnut.

    • Frank Macskasy 8.2
      31 July 2012 at 12:23 am

      Or, Cnut, they could just flag the whole deal and be done with it. After all, aside from the top 1% and National’s sycophantic fellow-travellers, no one else really wants asset sales.

      There. Problem resolved.

      Sorted.

    • tracey 8.3
      31 July 2012 at 7:04 am

      cnut, are you saying you think the courts will uphold the tribunals decision.?

    • Colonial Viper 8.4
      31 July 2012 at 2:10 pm

      So it will come down to what it takes to buy Maori objections out.

      Yes, you’d sell your grandma if the price was right. Classic neoliberal view of the world.

  9. gobsmacked 9
    30 July 2012 at 6:11 pm

    So there’s Rahui Katene of the Maori Council on One News, saying what the Crown should do.

    If only people like her were in Parliament, standing up to this government … oh, right.

  10. bad12 10
    30 July 2012 at 11:05 pm

    And so, full circle we go and we are all now back to here,

    Public Finance (Mixed Ownership Model) Amendment Act 2012,

    Section 45Q,

    (1), NOTHING in this part shall permit the Crown to act in a manner that is inconsistant with the principles of the Treaty of Waitangi,

    My view would be that in light of the Waitangi Tribunals interim findings and considering Section 45Q of its own MOM Legislation the Government is basically legally bound to halt the sale of (at least), Mighty River Power,

    My view is also that it would seem prudent to do so other than have the High Court order them to do so as if they were mere miscreants needing a Judges wise words to show them the right path…

  11. tracey 11
    31 July 2012 at 6:55 am

    Does the pm deliberately mispronounce Waitangi? I saw hekia parata on te karere saying the pm makes an effort with mihi etc…but really can he genuinely believe how he pronounces part of a founding document is correct?

    • Carol 11.1
      31 July 2012 at 2:08 pm

      He mispronounces a lot of English words, so I don’t expect anything different from him when speaking Maori words, Tracey?

  12. tracey 12
    31 July 2012 at 6:58 am

    So…. Nzers property trights are paramount, except for maori nzers. The right place to determine this is the courts if the govt wants to ignore the sensible suggestion, or urgent legislation. The later might require more balls than Key has.

  13. Paul 13
    31 July 2012 at 7:01 am

    Have a look at the DimPost blog this morning. Danyl has got it spot on. I think the Herald must be getting worried about the loss of advertising revenue from the brokers to create such an outrageous headline. Shame on them.

  14. tracey 14
    31 July 2012 at 12:42 pm

    Its ok. The pm says the respectful thing to do is consider the decision and recommendation which will take time and then everything will be ok. Phew, crisis over mr flip flop is on the job. Remember the mr men series.

  15. Carol 15
    31 July 2012 at 2:30 pm

    Oh dear. Peter Sharples dancing on a pin and trying NOT to answer Nania Mahuta’s questions, re getting assurance given that the asset sales policy doesn’t contravene the Treaty. Sharples is fobbing it off, saying the assurances were given to Iwi leaders in a meeting Sharples arranged but didn’t attend.