26th Nov 1872

The minutes of the Otaki sitting of the Maori Land Court, held in Foxton (Manawatu) on the 26th November 1872.

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Tuesday November 26 1872

Present – His Honor Judge Rogan & His Honor Judge Smith

Interpreter - T. Young

Clerk – M Frey

Assessor – H. Tautau

Court opened at 10 a.m.

(Kawana Huria) Hakeke was at the mouth of the river with his party.

Ngatiapa at the mouth of the river heard of the affair with Turangapito, Mohi Mahi proposed that TeKaro and others of Raukawa who were with Hakeke should be killed.

 Hakeke refused to do so said he would keep them.

 Mohi then proposed to go and kill Aho Aho and his brothers at Puke Puke a place on the beach.

 Mohi persisted.

Aho Aho was unaware of any fighting going on between Raukawa and Ngatiapa.

Hakeke said you must stop here Mohi I will send a man to fetch Aho Aho.

One man went with a message asking him to come on to Rangitikie.

He came there.

Hakeke told him he would be killed.

We were living here quietly while Turangapito and Taratoa were fighting.

 Aho Aho said, if I am killed well and good because it is another man

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who raised the quarrel.

Hakeke proposed that they should go together to where the disturbance was, then all Ngatiapa went inland from Tawhiriho, they arrived at Takanui where they met.

Taratoa and his party. Coming down he had 10 men with him including Hakeke, and Aho Aho saw him, they asked where they were going.

Taratoa was on one side of the river and the others the other, he said we are going to Pukepuke.

Aho Aho said, here I am going along with Hakeke on account of your work.

Taratoa and his party then returned to his place.

Ngatiapa and Aho Aho went up the south side of the river till they arrived opposite Taratoa’s Pah the women came out and greeted Aho Aho.

Ngatiapa had a war dance opposite the Pah they were seen by Turangapoto they sent his brother out from Parewanui to them, Hakeke was between Poutu and Parewanui.

The messenger said to Hakeke, I have come to take you and these Ngatiraukawa people into the Pah, then Mohi stood up he said I don’t agree to that, my plan cannot be carried out. 

Hakeke and Hania asked if the woman who had been killed was murdered that he knew the cause of the dispute.

There has been a crime committed with a woman and Paratia has killed 30 of my pigs. The killing of the pigs is sufficient payment for the adultery with the woman. He said yes but they were called by your names.

 Hakeke asked if Turangapito’s party had gone quietly into the Pah. The messenger said no, when we arrived opposite Taratoa’s Pah Turangapito told us to fire upon it.

 Hakeke asked what they did? whether they came out when fired on? he said they fought till evening and the woman was hit there while you were fighting, that there’s not Ngatiapa chief sent back by Torenui and Haera Narara he said yes your brother Papakai.

Papakai was living with Haere Warara’s people he did not suspect any fighting would take place. Hakeke told the messenger to go back and said he and Aho Aho would cross over the river. That was the cause of this dispute.

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Taratoa continued on his guard against those of Ngatiapa whose desires differed from the others. Ngati Parawahiwahu came to Marangi and some went to Ohau it was the place where Taratoa lived during the fighting at the Kuihititanga.

I am now going to refer to the sale by Whanganui and Ngatiapa to Dr. Featherston.

Kemp and Featherston went up from Tawhirihoe to Awahou.

Dr. Featherston said to me, I had better buy this land.  I said I thought he ought to investigate first and find out why Ihakara built a Pah and when we find he has our title we can arrange a fight between us and Raukawa.

Dr. Featherston said all the Tribes have agreed to the sale of this land and urged me to sell. He said all the rents should be impounded and we were to agree to give him the land and he was to look after the rents. He said he would not allow the rents to be paid for fear of further complication. I said if all the Tribes have consented, I will. I don’t wish to be blamed afterwards if there is anything wrong.

He went on to Parawanui and had a meeting, then on to Turakina and then to Whanganui and had a meeting there. After this a letter was sent by Ngatiraukawa to him calling a meeting at Manawatu.  When he received it he came to me at Parawanui and told me about it and asked us to go to Manawatu. I told him to go himself. He went back to Wellington and then came back to Manawatu.

Ihakara spoke, and told him the wish of Ngatiraukawa that they and Ngatiapa should unite in selling the land, some of Raukawa objected they did not agree to sell the land under his Mana, others spoke in favor of Ihakara.

Ihakara said what will the result be if we hold out. The result will be what I wanted, formerly that we shall fight with Ngatiapa. Raukawa asked what would be the price of the land would be, he, Dr Featherston would not tell them as the disputants were not present. He also said let all the head men of the Tribe be collected and we go to Parawanui

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also one from Rangitani and Muaupoko, (Puti went) Irimiha Te Tihi. Raukawa went. Puti, on behalf of Rangitani and Muaupoko, when these men went to Parawanui.

The Ngatiapa would not agree to come to Manawatu. Dr Featherston went to Rangitikie and sent Dr Buller and Puti to fetch me from Turakina. Buller told me he had come for me and said let us go and talk the matter over quietly. I said all the Chiefs of Whanganui have gone out to make peace with Puti Turua. He still urged me to go. He said if you don’t want to go to Manawatu go to Parewanui and see Dr Featherston. What is the meaning of my asked to attend this meeting of Raukawa. He said your Ngatiapa are selling this land let the price be settled in presence of Ngatiraukawa.

I then agreed to go. I came with 20 others. On arriving here I was asked what we wanted for this land. I said £25,000. He said that will do tell the Ngatiraukawa and where is the boundary to be. I said from Waitapu to Pareroa thence down the Manawatu to (unclear) Papaku, Kaiiwi thence along the coast to Rangitikie from thence up the River to Waitapu.

I said to him it rests with you to deal with those parts (burial grounds) of Ngatiraukawa as for the parts they have presumed to occupy do not give any heed.

After this Buller went out and told all the people what we had said. Dr Featherston invited Ihakara and all Ngatiraukawa to Rangitikie to Warekura where a large meeting would be held to discuss the question of price.

I will now speak of evil deeds done by Raukawa after the money had been paid. All the people between Otaki and all up the Coast want Rangitikei to mark off the land. They cut up the land and put in claims for it. Ngatiapa then set fire to their survey posts. When Dr Featherston heard of our interfering with what Raukawa was during he stopped it. Bishop Hadfield induced the Raukawa to do these thing (Survey ?)

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He, Dr Featherston said let Raukawa go on we will go to the Court.

After this Ngatiraukawa granted leases again over the land.

I wanted to find out who the chief was at the bottom of these things. I thought afterwards it could not be Ihakara.

I found the instructions came from Otaki Chiefs in order to complicate the sale to Featherston. When he heard this he went up to Parawanui, he said to me and the people this work of Raukawa gives me great concern.

I told him to stand on one side and let me do the work. I said they intend to injure me by this. You go back to Wellington and let me fight it out.

He said he would stop at Rangitikei and he would write to the Government, my regard for Nepia, I was going to put aside and wanted to fight against Ngatiraukawa.

 I then went out and built a Pah, took out guns and wanted to fight. All the people from Otaki were at Nepia’s place. When I heard that the Chiefs were I sent word and said let us fight at once don’t let it be said we were under submission when we sold their land.

I wanted to fight and carry out my intentions with regard to the whole of the land. I got a letter from Government. They said don’t fight don’t let blood be shed in our district but let all the Tribes who are under authority of the Queen, look at the murders committed at Kiti Marae. As for the sheep demand them to be given up, if they hold the sheep the blood of the sheep will be on the Ngatiraukawa.

I sent a letter to Mr. Richmond. I will carry out what you say about Kiti Marae but let Ngatiraukawa go along with us. You say that you require assistance, let them go with us and Whanganui. At the fighting at Te Iia(Point Russell) the Ngatiraukawa were fighting against the Queens troop, they  were beaten there and came back to Kapiti also at the Waitara. There were a 100 of Ngatiwehiwehi a hapu of Ngatiraukawa killed at Waitara. The children of the Chief who was killed are living on my land at Ohau and Waikawa.

Page 90 Nov.26/72

The sheep will not be given up so I will kill them that was all. Next day orders were given to kill the sheep and burn their houses in order to make the quarrel great. 1500 sheep were killed in one day. The houses were also destroyed as I ordered. The people who owned the sheep came to me in great distress, I asked them what they came to this Tribe meaning Ngatiraukawa don’t listen to their humbugging statements if my cause is just I will succeed.

The Europeans said they would listen no longer to Ngatiraukawa. Kemp then came and told me to stop killing the sheep, Europeans were not in fault. I said to him, I had spoken quietly to the people who owned the sheep.

I told Kemp I would go (? not readable) Marai to assist the Europeans but that the Ngatiraukawa should go to as they proposed to be loyal supporters of the Queen. We went and fought there. The Hau Hau’s retired and we came back and found that a Court was to be held at Otaki.

The whole of the Title was gone into by Ngatiraukawa for land from Rangitikei to Wairarapa they wished to put down the mana of these five tribes. When they finished their case we went in with ours. When we finished the Court still remained open and was taken to Rangitikei.

I promised food for the Ngatiraukawa if they went to Rangitikei. I provided food but the only one who came was Ihakara.

After this the Court was held in ------- Wellington. We received notice from Government to go and attend the court. We replied we would go as we were owners we had no cause for fear.

Matini Te Whiwhi was the principal witness for Ngatiraukawa also 2 women Aterete and Kahoke the common people followed after those who weren’t the chief. One of these women stated that her father had taken 400 prisoners. She was asked whether he had them all by the hair of the head, she hadn’t a word to say.

Matini stated that all these Tribes were under his feet and they all went away to the Mountains, she also stated they were left there

Page 91

without any mana.

When Rangihaeata returned to Kawhia the Court referred to the evidence given at Otaki and asked him if some fighting had not taken place after they had gone to Kawhia.

 Our side proved we had retained our mana and had several fights one against the War Party (?)miowhenuia during Rangihaeata’s absence at Kawhia.

The Court pointed out to Matini that fighting had taken place and the War Party defeated he was also asked if any attack had been made upon him after his return, he said yes, by which, by Muaupoko.

Matini stated that Rauparaha and Watanui were to meet at Wairarapa and it was proved they did not.

The Court asked him how it was they did not meet, it was because they were attacked at Napier and at all the battles fought there, were beaten:-

 

Court rose for ½ an hour –

Kawana Huria ‘resumed’

After the Court was over we went home: the Court had found that 50 men were entitled to share with Ngatiapa.

We showed what Hapu’s were entitled and Dr Featherston pointed out what reserves they should have at that time.

I heard the word of Ngatiraukawa that the five Tribes were not to be allowed to have any share this side (south) of the Manawatu, that if these tribes persisted in urging their claim they were not to be allowed to do it.

I said to them do not listen to that statement let us lay down some rule to upset that let us make the land shake, the Rangitani knew the boundary at Te Whakatupua had been made to shake.

While that dispute was going on I issued a notice calling a meeting of all the Tribes at Horowhenua. When they saw it they all came to Horowhenua.

At the time the meeting was held was the time when Mr. McLean ordered Kemp to the E Coast in pursuit of Te Kooti, it was held in the Raupo House at Horowhenua.

Page 92

The name of the house was Kupe. Some of the descendents of that ancestor were not present being away fighting at Taupo.

I wanted to see what Tribe of Ngatiraukawa was well disposed towards us and which one eagerly.

 When they had collected together I heard they had arrived at a decision, that was, not to allow the five Tribes to have anything to do with the land between Manawatu and Otaki.

Then we found that none of the Ngatiraukawa were well disposed towards us. I thought, very well, Taratoa Whatanui and others who were friendly towards us are dead and I arranged with my people to act in a very clear manner with them and that we would cause evil to come out of their decision.

I heard also heard that they had brought up guns when they came to attend the meeting and had hidden them in the bush. The meeting dispersed and the five Tribes returned home.

Ngatiraukawa and Ngatiawa also went home. After our return home we heard that Tamaihaenga had come up to cut a boundary our Tribes wondered why he came up there seeing that he had consumed the land at Arapawa in the Middle Island belonging to Tairoa we were told he was acting in that way on account of the killing of Te Huira.

I said let Tamaihaenga proceed he is trampling on the peace made by Rangihaeata and Muaupoko he is only now found out that Ngatiraukawa is a tribe of his.

My Five Tribes were the ones that assisted Ngatiraukawa in the great fight at Pakakutu and Horowhenua.

Now let us stir up a fight about this land and prevents it being investigated and prevent any leases being granted look at the surveyor he comes here to make money do not let him alone smash his Theodilites with regard to the surveyor sent by the Government fight that out with the Government through doing as I tell you we will gain the victory over these people who are evilly disposed to us having done this.

I waited for my friend Kemp to return from Opiki when he returned I went up to Whanganui.

Page 93

I said, Kemp the Government of New Zealand know how faithfully we have served with the Colonels, you especially who have always have carried out the commands of the Government to punish those bad people who are trying to put down the Europeans.

The people of England know this so the Queen sent you a sword you are recognized as belonging to England, but now let us turn our attention to our land because these tribes will presently consume it.

We should consider that it is ten years since Ngatiraukawa commenced to go back to Maungatautari the bone of their great Chief Whatanui returned to Taupo quietly to Taiaho Taratoa’s brother while living at Taupo.

Pakeke son of Whatanui and all his family returned while living to Hauraki. When he went away he spoke in a peaceful manner to me he said Son your land I am going to Hauraki.

The Ngatiraukawa who remain to consume the land they should all go back to Maungatautari. They only remain here to get the proceeds of the sale of the land and then they will go back to Maungatautari.

There are plenty of Europeans who can carry on your work of fighting. The only fighting we have to do is against the Ngatiraukawa let us do this while the other tribes are fighting against the Government he said yes it is right we ordered the Manawatu and went to Horowhenua and made statements there with a view to having a fight about all the land.

When the Government heard of our intentions they sent letters everywhere inviting a large meeting of all the Tribes in 2 months from that time.

We got letters ourselves from Governor Bowen, they came in to put a stop to our fight with Ngatiraukawa as they had made representations to the Govt. and asked that the matter should be tried by law. I said they are asking for the law the Government did not tell them to act in apposition to myself and Kemp and now they appeal to the Government.

Page 94

Governor Bowen sent and asked us to  go to wellington and asking that our Tribes be sent back to their own homes it was the Government who prevented a collision at this time.

I went to Wellington with Kemp, and we were invited to dinner at Government House. Mr. McLean and Mr. Fox were there the Governor and Minister to act in conciliatory spirits and let the enquiry take place at Horowhenua.


I asked if the investigation was to be by the Native lands court, the Governor said no. We shall have an enquiry held differently conducted Mr. McLean and Mr. Fox to look for a Lawyer to look after it and also several Maori Chiefs. We agreed to this but as for the Native Land court there are many questions which are not settled by it:- the Governor said to me, the Government and I will go into the question carefully now let us g o to Whanganui and open the bridge.

We went there, there was a meeting held there by Whanganui, Ngatiapa and Rangitani. The Governor came to Putiki where the meeting was held. Mr. McLean told the Chiefs of Whanganui and Ngatiapa about our interview in Wellington. He said let your dispute be inquired into that is what the Governor says should be done let all the land be brought under this investigation lest trouble should come to all the Tribes.

The old Chiefs objected to have it investigated, an old Chief stood up with a gun and said let this decide it.

Afterwards Rangitani and Muaupoko came up I asked them what they had come for there were 100 of them they said we want to sell the other side of Manawatu including Tararua up to the Queens boundary on the other side of the Mountain.

 I said you are very wrong you are mad, why don’t you allow Ngatiraukawa to offer it and then all the five Tribes could have joined to withhold it from sale.

 Kemp says see what the mind of this Tribe is , no one can withhold the influence of money. I said to Kemp don’t agree to what they say. These Tribes are at one with Ngatiraukawa and would throw away this land and hang

page 95

themselves. Major Kemp said no money was to be paid but let the land be surveyed.

My original intention of interrupting the surveys was put down by this word of Kemps. These Tribes and Ngatiraukawa have sent in claims to the land and the surveys have commenced.

The five Tribes who are now in court have no intention of selling the land. This is all I have to say.

Cross examination by Hari Wirikaki

I object to the claim of Ngatiraukawa over this alnd shown on the plan.

I object also to Ngatitoa and Ngatiawa

I object to Ngatiraukawa on account of ancestral title

I object to your claim by conquest

I object to the claim of Ngatiraukawa based upon occupation and on account of their bad behavior while they have been here if they had lived quietly we would have taken that matter in consideration.

I mean the consideration we should have given would be respecting the portions given to them by the five tribes.

I do intend to rely on the evidence I have given to upset the claim of Ngatiraukawa and Ngatitoa.

Ngatiraukawa were defeated at Pukemoremore and Rotoatara

Ngatiraukawa were defeated by Ngatikahunga at these places, Pukemoremore and Rotoatara

These two places are on the other side of Tararua, Ngatikahunga own land within this block now before the Court.

Ngatikahunga lived at Waikanae, Otaki and Ohau lived here a long time as being part of the five tribes.

Page 96

Ngatikahunga have fought amongst themselves we have all fought amongst ourselves as all Tribes have done.

The Ngatikahunga lived a long time here and only went away when the fighting was going on some have left and some are here still.

Watanui came here of his own accord after the defeat of his Tribe Ngatiraukawa.

I am not aware of having stated in evidence at Rangitikei that the Mana of Rauparaha was to be over the land on the south side of Manawatu.

I never stated at any of the investigations of the Rangitiki Manawatu Block that the Mana of Rauparaha was to be confined to the south side of Manawatu in answer to a question from the Court I stated I had Mana on the south side of Manawatu.

Question - If it is found out that you did make such a statement would you now be able to contradict it?

If it is found I did make such a statement the ear of the Interpreter must have misunderstood.

Tuwhare and Mataroia are of Ngapuhi it is through the action of Raukawa that they appear here at all.

I bring the deaths of these two men in as an objection to the claim of Ngatiraukawa because Ngatitoa came in their party.

These two Chiefs were killed one at Whanganui (Tuwhare) and the other at Palliser Bay. Tuwhare was killed on second visit here.

Court adjourned at 3.15pm.

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