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Saturday March 7th 1874

Place – the same Present – the same

Kukutauaki – continued

Matene Te Whiwhi said I wish to call Kutea, Matene Te Whiwhi, Hoani Te Okoro, Hemara Te Tewe, Rakapa, Te Hoira, Pera Taari, Takerei, Arapere, Tamihana Te Rauparaha.

Kutea Pipi - sworn

My name is Pipi Kutea. I live at Manawatu. I belong to Ngati Raukawa and Te Arawa. My father was an Arawa, my father a Ngati Raukawa.

I know the land under investigation. That was our place of abode. I will commence with our migration.

When we came here, Te Rauparaha and Rangihaeata exercised rights over the land and it was then cut up and divided. Wi Parata and his people were at Waikanae. Rangihaeata and we were at a place called Te Huruhi. Te Huruhi is the other side of Waikanae. (A place called Uruhi pointed out on map) and south of the land now under investigation.

We lived there upon fern roots. We had no other food. We occupied this place. We were then in fear of Muaupoko. We lived there for half year and for fear of Muaupoko we went to Kapiti. We were half a year at Kapiti when Pehi the grandfather of We Parata, went to England. He remained away some time and the rights over the land – Kukutauaki – was with Rangihaeata. These old men nobody dare or could possibly say anything to them about the land therefore say they had the right to it.

2 years elapsed, Rauparaha came to Kukutauaki. Lived on the land and there fed his slaves.

Ngatiwhakatere were the tribe which first came down to Kapiti. Secondly Ngati Mutungea. Te Pehi returned from England. He arrived here and crossed over the straits to the other island and died there. Ngatitoa and Wi Parata’s side then ceased to have any right to Kukutauaki. Wi Parata never lived at Kukutauaki to my knowledge. Nohorua is elder brother by another wife of Te Rauparaha’s. Te Aratangata is another brother, Tokomatahi is another.

Nohorua is not a Ngati Awa. The statement of a previous witness is not true owing to certain persons refusing to give Pehi some “kaka’s” that had been cooked. He took offence and never gave any of the land at Waikanae to be occupied by Ngati Awa. The Ngati Awa would not give Pehi food and he would not then occupy this land, had Pehi remained there.

I say therefore that Wi Parata according to a native custom has no right to Waikanae. It is only through European custom that he exercises any right there at all. If anybody had a right there it would be Pitoetoe, son of Te Hiko son of Pehi. Pitoetoe is a grandchild of Pehi. I am able to give evidence in this matter because I am adopted child and wife of Te Rauparaha and was grown up at the time.

Wi Parata came here lately. His father came with the whalers. It is true that Ngatirahuri lived at Kukutauaki a short time. These people were ordered away by the slaves of Te Rauparaha. These people went away and some Ngati Tama lived there partly of Ngati Awa. Matoha was his name. Te Rauparaha said to Matoha, you go. He went and left his eel pa’s houses and everything. Te Rauparaha was very strong – caught a large number of eels which he distributed to Ngati Toa at Kapiti – across the straits and other places in payment for fish.

I do not know anything of Wi Parata here. It may have been after I left and went away. Tamihana is ---- and does not know. His knowledge is obtained latterly.

I lived at Kukutauaki myself as a child, caught eels there and when Mr. Hadfield came I went to Manawatu.

When Te Rauparaha died then Matene and Tamihana occupied this place.

Matene Te Whiwhi – sworn

I live at Otaki. I belong to Ngatitoa, Ngatiraukawa and Ngatiawa.

I know the land before the court. I have a claim to it. At the time of the allotments of land coming from Whangaehu this side of Whanganui, the portion between Waitohu Stream and Waikanae was given to Ngati Kimihia – from Waikanae to Paikakariki was Te Pehi’s extending to the old road ascending to the hill at Pukerua near Porirua.

We arrived from the north and lived at Waikanae. Mahurenga, elder brother of Te Rauparaha lived inland of Waikanae and his sub-tribes also Ngati Kumikumi and Ngati Hangai lived there 2 ½ years.

The war party of Muaupoko, Ngati Apa and Rangitane had arrived. We were killed at Waikanae. Afterwards Te Pehi was spared by Ratu of Muaupoko. Pehi’s blood was spilled but he spared these people owing to this (blood spilling of Pehi) they left this place between Waikanae and Ngarara. The land was given to Pehi. The boundary was at Ngarara Stream. This stream and its eel pa’s were Pehi’s, not the land on this side.

Pehi and his people used Ngarara Stream. Ngatikirihia and Rauparaha and Nohorua used Kukutauaki. I point now to a place south of Kukutauaki - a permanent place of abode of ours for many years. This was the time that we first commenced to catch eels there.

I will now refer to what Wi Parata said about Putahi near the ---- of Kukutauaki. Te Putahi was Te Rangihaeata’s eel pa.Very few eels were there. Taumataanowhiowhio was Nohorua’s. Pouatumoana on this side of it was Te Rauparaha’s. This side again is Ruahine, was Mahuronga’s. This side again was Rangihaeata’s – the name Kaingapipi. It was close by Ruahine from Ngawhaka----.

I will refer now to Wi Tamihana’s evidence relative to this survey of the land from Waikanae to Kukutauaki. Certain pakeha’s arrived at Waikanae, one was in an affair who lived in a native womans, he was known by the natives as Wiremu Kaka. I said to Tamihana Rauparaha – Karanama to Kiharoa let us go to Waikanae and send back the surveyor. In the evening we went. We arrived there; the surveyor went back to the other side of Kukutauaki Stream. In the evening we assembled Ngati Awa and all of us at Waikanae. I questioned Waipunahou, mother of Wi Parata. I said cease the surveying. She said all the land is Te Pehi’s, this is known to Europeans and natives, owing to --- --- relative of her statement.

I commenced to talk to her. We were all silenced by her assertions and argued. I then related the history of the allotments of the land from Whangaehu downwards. After my speech everyone was silenced and Wi Kingi came up to me took hold of my arm and said what you say is correct.

This then ended our talk. Ngati Awa, Waipunahau and the next day all Ngati Awa (200) assembled on this side of the river waiting for us. We got on our horses and met them at the river. Wi Kingi Rangitake called out – don’t come any further, get off your horses, get down. I alone got down. Ngati Awa said through Wi Kingi – let the boundary be at Haowhenua.

The disputants with me were Kingi, Tuainene, Wanarape and Rangikopuiga. The European I alluded to was with us owing to the hardness of my speech ---- ----- said, “Where is your father’s kainga. I replied you go to Porirua eat pipi’s there. Matangi, an old chief of Ngati Awa, then arose, came forward and said, “Ngati Awa cease talking – leave the matter with me – said to Ngati Awa leave your boundary at Paetawa. Wi Kingi again got up and said Matene you fix the boundary at the sea. I said because Ngati Toa have assembled at Otaki, I will take your word. I am not able to do it alone. We returned to Otaki – found a number of chiefs there - Rauparaha and others.

I informed them of what had transpired ---- this boundary. This was consented by the old men and people assembled and a letter we sent to Ngati Awa informing them to that effect.

Case adjourned until Monday.

Section 10 – Foxton

Succession claim

No grant produced – case adjourned

Court adjourned until 10 am on Monday.

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