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Prime Minister John Key and Maori Party co-leaders Tariana Turia and Pita Sharples. - Source: Getty -
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The Maori Party has given a mixed response to a document released by the Government on how it will consult with Maori over the partial sale of state assets.
Co-leaders Tariana Turia and Pita Sharples yesterday threatened to quit the coalition over the sales.
To fulfil its election promise and sell off part of four state-owned energy companies, the Government needs a new law.
The Maori Party wants to keep a clause called section 9 of the State-Owned Enterprises Act, which forces the Government to follow the principles of the Treaty and consult with Maori.
National says that works for assets that are completely crown owned, but can't work where private investors also share ownership.
"The problem we've got is that private sector companies and private sector shareholders in New Zealand are not subject to the treaty, the treaty binds the Crown and Maori," Prime Minister John Key said.
The Government today released its consultation document for Maori on the partial sale of SOEs which includes three options.
The first option is to keep section 9 in the new legislation.
The second is to include a more specific treaty clause describing how the Crown will meet its obligations, which is Key's preference.
The last option is to have no general treaty clause at all. The Maori Party says it wants that option removed from the document.
"We recognise that it is up to our people to determine for themselves what is right for tangata whenua," said co-leaders Tariana Turia and Pita Sharples.
Key said the consultation over the asset sale plan is in a very early stage but there are certain issues that need to be addressed.
"The Crown is not looking to discharge its obligations under the treaty but we can't bind a private sector shareholder, we need to find a technical way through that.
Key is confident the two parties can reach a compromise and says he will use Waitangi celebrations at the weekend to talk to iwi.
"Do I think I'll find an elegant way through it? Yes," he said.
Water concerns
Maori Party MP for Waiariki, Te Ururoa Flavell, said he was concerned that water issues are outside the scope of the consultation document.
"The partial privatisation of power companies which is being
rushed through by the Government will have huge implications on
water rights, and it is important that they be taken into
consideration as part of the consultation," said Flavell.
"There are obviously huge issues when you connect the use of our
natural resources, the Treaty and partial sale of assets, and it is
only fair that those tangata whenua who wish to put that kaupapa on
the table should get to do so."
Flavell said tangata whenua have a relationship with New Zealand's waterways and are best placed to manage them.
"The fact that we are partially privatising state enterprises that use our natural resources such as water and geothermal energy for their core business presents a very real issue that must be discussed."
"We know every waterway and piece of land, and we are bound to it through our identity as Maori, hapu, iwi, whanau."
Waitangi flare up
Turia said the issue could flare up at Waitangi Day celebrations over the weekend.
"It's very interesting that all this is happening around the time of Waitangi, one would think a Government wouldn't like to be provocative at this time but here they are consulting on clause nine," she said.
ONE News political reporter Michael Parkin said it is an odd issue to bring up days before Waitangi Day.
He said it is hard to imagine them bringing it up on purpose, but it is hard to see it being accidental as well.
"Whether they thought it would slip under the radar is unknown. But it is incredibly messy and incredibly poorly timing, and it gives great ammunition to Labour and opposition."
"It will dominate Waitangi celebrations to no end. We're likely to see protest vocal crowds.
Turia said she was concerned the important issue had not been discussed with her before being brought into the public arena.
"If they (the Government) remove section nine there would be no reason for them to consult with Maori on these issues so they would be actually denying the treaty exists and we're not prepared to accept that," she said.
Anger justified
David Williams, a Treaty law expert at the University of Auckland, told TV ONE's Breakfast that Maori have a right to be upset.
"This is going right back to the 1980s where the Government of that day was determined to move from Crown Ownership to the State Owned Enterprise model and privatisation and that meant Maori could not make claims directly.
"What they have added in is let's take out the section nine and that's the surprise to Mana and Maori parties and many Maori in general."
Williams said the Government cannot just go to hui and say this is what is happening and not be open to discussion.
"The law is quite clear that this is an important way that Maori continue to have their treaty rights enforced in some way.
"It's only a consultation process and at the end of the day the Government can reject whatever Maori say. But they can't just go out and say we've decided and we're telling you."
He said the elegant solution is to leave it exactly as it is and said if there is enough fuss it will remain the same
Parkin told Breakfast that the Maori Party have to make a stand.
"We hear these threats of hikoi again, of leaving the coalition, but it's probably a bit too early in the (coalition) deal to be making those sorts of claims and those sorts of arguments.
"But here we are at the end of January start of Feb and this is what we're faced with in what was meant to be a strong and stable Government so John Key told us."
However, he said it is unlikely the Maori Party will walk away from National.
The SOEs up for sale include Genesis Energy, Meridian Energy, Mighty River Power and Solid Energy and under new legislation the Government will retain at least 51% ownership, with individual shareholdings limited to 10%.
Key said section nine of the SOE legislation was "largely symbolic" because it had not been enacted since it was drawn up in 1986.
But Sharples said the issue was of great significance to Maori.
National's confidence and supply agreement with the Maori Party, signed in December, does not require it to carry out National's policies such as asset sales.
National, with the support of Act and United Future, has 61 of the 121 votes in Parliament without the Maori Party but John Key was keen to have a larger coalition.
