Monday 8th February 1869
Court sat at 10 am.
Present – the same
Ngawhakaraua – continued
Ihaka te Rangimamiora
Xd by H. Meihana
Is the Kahihatea tree of your tupuna on the boundary? On the boundary line (pointed out on map, just-on boundary line).
You have stated that your father and you had cultivations on the block, is it so? Yes.
Have you any houses on the block now as you have stated? They stood there until 1867 – when they were broken. I was wrong in stating that they are standing still.
Then you were wrong in stating that you had fences, houses and mahingas on the land now? Yes.
They were broken then in 1867? Yes my fences were destroyed by Ngati Mairehau.
Are you sure, did you see it done? Te Peeti did.
Was it done in anger, or merely to use as firing? They did it kia kore he taiepa aku i runga i tera whenua.
Will you show on the map where they were? Pointed out.
Did you make those fences yourself? Rangitane made them.
Not you? Kaore au i hanga i te taiepa.
Who built the houses? Rangitane.
Did you build any? No.
What is the open space shown on the map? The mahingas.
Did you clear that space? I did not, the Rangitane did.
Who cleared it? Rota, Ruka, Pauroa, Tutere and of Ngatimairehau Renata, Mokeua, Kaituahu, the last two are of Ngati Raukawa.
What tribe does Ruka belong to? Ngati kahungunu.
Had you anything at all on the block? After the others had cleared the waerenga I planted one bed (wakawaka).
Will you point out your wakawaka? About the centre.
You say your fences were destroyed in 1867, when were they erected? In 1856 the clearing was made.
Did you live on the block from 1856 till 1867? No I went to another place.
Was Renata the only one of Mairehau? Yes. Karanama was he mea koka noa.
Did you ever hear of a quarrel before the clearing was made? I was not there but I heard of it.
Who quarreled did you hear? Te Poihipi.
Who did he quarrel with? Ruka.
Did not Renata dispute with Poihipi and Reihana? Yes.
Did you hear that their quarrel ended by making a boundary? I did not hear that.
Did you not hear that Ruka asked Poihipi and Reihana for a piece of land to work upon on this block? Yes I heard that.
Was Ruka of Ngati Kahungunu? Yes.
Did they agree to let him work upon a piece? Yes I hear so.
Where is Ruka now? Dead.
How did you come to plant seed on a wakawaka that another man had cleared? The land belonged to my ancestor that is why I went to tono he wakawaka.
You would not have asked otherwise? No.
Have you never asked permission of any man to plant on his clearing where you had no claim on the land? Yes I have.
You say your father had a house and cultivated on the land – had he? He had a breakwind on it but he never had any cultivations, he used to catch ducks and get kahakaha and rats on it and snare parrots.
On the land shown on this map? Yes and outside.
How do you know that he did? I heard so from him.
How was it you did not see it, where were you living after your birth? At Manawatu.
Did your father live permanently on the land? No.
How long is it since he was on it? I don’t know.
Where did your father live? (Pointed out on map, to west of claim, outside at the Tauranga waka marked X).
Is there a road there? There is “te hua hua o te awaawaroa” leading to Taonui.
Who owned the land to the west of the road? He tangata ano, Te Tutere, Hikonaia and Harata.
Who owned the land to the east of the road? My tupuna and papa. Our land extends from that road on the west to Mahoe on the east.
Te Peiti Te Aweawe – sworn
I belong to Rangitane and reside at Manawatu. Irecognise the land shown on the map before the court. I have a claim on this block. Te Reihana claims with me. He belongs to Ngati Wehiwehi a hapu of Ngati Raukawa. We are one with Ihaka on this land. I derive my title from my ancestor Rakaumaui M. and Tireo.
Rakaumau M Tireo M
Mahora Te Kapuwai
Rangaie Hinerau te Kihi
Tarake J Te Aweawe Jn
Te Peiti Te Aweawe
Tireo used to snare birds upon this land, he did not live permanently on it but used to go there in the season for birds. None of my ancestors did anything on this land after this time until the days of my father Te Aweawe. Te Aweawe did not go on to the land or exercise any right of ownership over it until 1857. He my mother and I then went on to it, and ki runga ki nga mahinga a te Pauroa ma. Tupunas of mine (tupuna hou no inaianei nei). We went to plant on this clearing. He and I staid there until 1858 and then left, the men who made the clearing were
Name Hapu Iwi
Te Hutana Ngati Hineauti Rangitane
Pauroa Ngati Hineaute Rangitane
Renata Ngati Maireteau Rangitane
Rota Ngati Hineauti Rangitane
Ruka (dead) Upokoiri Ngati Kahungungu
Tiweta Rangitane
Erni Te Awe awe Rangitane
Te Mokena Ngati Wehiwehi Ngati Raukawa
Kaitraha Ngati Wehiwehi Ngati Raukawa
My father died in 1863 at Puketotara Manawatu, on the death of my father, I did claim to this land, but I did not know how I derived my title. (Kaore au i mohio ki taku take). I could only claim on the ground of having worked upon it. My claim was not admitted, and I had a dispute with Hoani Meihaua and others of the Ngati Mairehau who opposed one. I had no old man (pakeke) to support me and I asked Reihana what I should do. He said let each man go back to his own take karaka, take toetoe piko o te wai (each take possession of his own piece of land). There was a meeting held and it was decided that the land belonged to Ngati Mairehau.
When my tupuna Horima Mahoe and Ihaka heard of the decision they were pouri and there was another whakawa in 1867 and at the last the Ngati Mairehau were adjudged to be in the wrong.
The Ngatikahungungu were the Kaiwhakawa. It was from what I heard at that runanga that I ascertained that I had a good claim on this land. Ngati Mairehau would not accept the decision but continued to occupy the land.
In the year 1867 or 1868 they attempted to lease the land and I opposed them. In 1868 I threatened to burn their houses and fences.
A chief named Huru Te Hiaro heard that there was likely to be a gight. He persuaded the Ngatimairehau to leave the land and they went away and it was left unoccupied. It was then proposed to have the land surveyed, and the question of ownership decided by the court. Ihaka refused but the runanga talked to him and he then consented. The Ngatimairehau went back to the land after Huru te hiaro induced them to leave it, he allowed them to do so “ki te kou i a ratou purapura” and they remained until the present time. They said if the court decided they had no title they would go.
Xd by Hoani
Was not Rakaumaui a son of Hineaute? I only know my tupunas.
Had Rakaumaui no brothers or sisters? I only know my own genealogy.
Had Tireo no child save Kapuwai? I don’t know.
Did your mother ever tell you what land you owned? She pointed out Tokitoki and other places, she pointed out the Mahoi as the boundary, she had pegs there.
Did your tupunas point out your land to you? Yes, other places.
Not this? No.
Horima Mahoi – sworn
I belong to the Ngati Hineauti hapu of Rangitane.
I know the land called Ngawhakaraua. This land belongs to Ihaka and me. We derive our title from our ancestor Rakaumaui and Tireo.
My father Mahora used this land. He worked upon it, that is he caught rats, fish, and ducks upon it. I have been on it. I used to go on it to catch rats, kahakaha (small fish) and also parrots, neither my father nor I ever had a house on it.
We went on it because the land belonged to our tupunas. I have not been on it for a very long while. I was working on it when Wakefield came, that is not on the block but on Maraihautawa near this land.
Xd by Hoani Meihana
Did not this land belong to Hineaute, the mother of Rakaumaui? No, she never was on it only Rakaumaui.
Did Rakaumaui live on it? Yes constantly.
Where did Rakaumaui live? At Kaikaitarakihi, on boundary marked on map.
Did Mahora live on it? No, but he worked on it, (caught fish etc).
When were you on it last? At the time of the Mahurangi hakari (about 4 years before Haowhenua say 1832). I was wrong in saying I was working on it when Wakefield came.
Te Tutere Tiweta – sworn
By the court
I belong to Ngati Hineaute hapu of Rangitane.
I know the land shown on the map before this court. I have a claim upon it. I claim from Rakaumaui.
After Mahora and Raukara he had two daughters named Taku and Te Pokai. I am grandson of Te Pokai, my father was Tiweta. I do not intend to lay claim to this land myself, I wish only to give evidence in support of the claim of Ihaka, Te Peiti and party. I have cultivated on this land myself. Te Peiti only worked on this land for a short time, he planted one wakawaka and left. He worked there because he was related to us. All those named by Te Peiti helped to clear the waerenga named by him. I cant say how long ago it was since we worked at this waerenga.
Xd by Hoani Meihana
Had you any rat snaring roads on this land? Yes.
Where were they? My roads ended at the west boundary.
Did you work at them? No, my father did, the ancestor of Te Peiti and party snared from the west boundary to the east, to the Mahoi.
Did Te Pokai make snares? Yes and I used to get karaka’s.
On this land? No, on the land adjoining west.
Hoani Meihana – sworn
Ngati Mairehau (claimants) case – Ngati Hineaute and Ngati Terangi of Rangitane. I take part with Ngati Mairehau a hapu of Rangitane. Our opponents on the land are the Ngati Hineaute also a hapu of Rangitane. I have no claim myself on the land now before the court, my claim is on another piece adjoining (west). There was a quarrel among ourselves about this land about the year 1864. A runanga Maori settled the matter, and the land now before the court was awarded to Ngati Mairehau and to Ngati Hhuhi of Ngati Raukawa who also had a claim.
The Ngati Hineaute have no claim on this piece, their land lies to the (west of this commencing from the road at the Tauranga waka (marked x on map) and on down Manawatu on both sides.
My mother belonged to Ngati Hineaute, so I partly belong to that tribe and claim over their land.
I am well acquainted with the lands of the tribe, and any certain that the lands of the ancestor Rakaumaui did not extend further up Manawatu than the landing place. I amdescended from both Rakaumaui and Tireo, Tireo’s land is from the landing place to the west boundary of the land on the map.
I had a quarrel with Ngati Mairehau about our boundary and a great runanga which Te Peiti was present at decided that to the west of this boundary belonged to us, and to the east belonged to Ngati Mairehau.
About the time that this land was cleared there was a dispute between Ngati Mairehau and Ngati Raukawa about the clearing. It was then agreed that Renata should have from about the centre west, and Reihana and Poihipi of Ngati Raukawa east (centre marked x).
Renata called Karangatia he kai mahi mo taua. Te Hutana, Pauroa, Karanama, Hamahona, helped to clear it, they are all connected with N.Mairehau and therefore had a right and Renata asked them to come. Horomona of Hineaute worked at it because his mother married Renata.
I will now speak of the part worked by Ngati Teihiihi of Ngati Raukawa. The head persons were Reihana and Te Poihipi. Ruka of Ngati Kahungunu asked permission of Reihana to plant on a piece of his land, he agreed. He cleared and planted a piece and Rota Teweta those named by TePeiti came to help him. They only worked there by permission of Reihana, and had no claim whatever on the land.
Te Mokuia and Poihipi belonged to Ngati Teihiihi and claim with Ngati Raukawa.
When Ruka died, Reihana took back his land, and the others left.
Xd by Te Peiti.
Who claims the land below the landing place? Ngati Hineaute.
Who owns the land between the landing place and the west boundary of Ngawhakaraua? Tireo’s descendants.
And who owns the land before the court? N.Mairehau.
Was Hutana and Pauroa he kai mahi a Renata? Yes And Rota? He only worked by permission of N.Raukawa.
Horima Mutuatei – sworn
I belong to Ngati Mairehau. I claim to be one of the owners of the land. Claim from ancestry. Derived my title from Te Ahikaha. Te Rakaumaui had no claim on this piece. Te Ahikaha was the ancestor of Ngati Mairehau.
Ahikaha,Tatonga, Paehora, Hamahoua, Horenia Mutuahi
These ancestors all exercised right of ownership over the land caught rats, ducks, eels, gathered tawas etc.
The land above the Kahika a Rangiwetea belongs to Ngati Hineaute. That is the boundary between his land and ours.
Te Rangiwetere was an ancestor of his. My father used to catch ducks etc upon this land. I have lived and worked upon it. I have a fence on it now.
The first time that the land was cultivated was when Renata made the clearing.
This clearing was the clearing of Ngati Mairehau.
Xd by Te Peiti.
Had Ahikaha ever a hakari on the land? No only mahi kai.
Who does the Mahoe belong to? I don’t know.
Whose land is your fence on? On N.Raukawas.
Did you see Ereni working on it? She married Te Mokeua of Ngati Raukawa and lived with him on it.
Have you a house on the land? Yes.
Hamahoua – sworn
I belong to the Ngati Mairetahi and reside on the land now in dispute. I am the principal owner of this land. It belonged in former times to my ancestor Te Ahikaha. Rakaumaui never owned this piece that ever I heard of nor did his descendants exercise right of ownership over it. The Ahikaha and his descendants snared tuis, rats, caught kahakaha (fish) ducks, got tawharas, eels.
I helped my father Paehora in the same work. I never saw any of the descendants of Rakaumaui working on this land.
I know the boundaries of the land because my father pointed them out to me.
When the N.Raukawa came into this district, I was living on this land, was not within this boundary but just outside it. I have a house on this land now. I built it at the time Renata made the clearing.
The clearing was commenced subsequent to the coming of Ngati Raukawa. The Ngati Raukawa had come on to the land and were living on it when the clearing was commenced. Ngati Mairetahi and they both worked at it. We have lived on the land ever since and are on it now.
It was I who pointed out the boundaries to the surveyor the same that my father showed me. This dispute commenced when the pakehas commenced the Manawatu road about 1862. We were in possession, occupation of the land at that time.
Xd by Te Peiti
How many whakawas have held? Two.
Who was held to be in the right at the first one? I was.
Who at the second? Against me.
Did you give the Ahikaha as your ancestor at that time? I gave Te Urunga Te Ahikaha and Puaitaha.
Where did Ngati Raukawa find you? At Tatahiku.
Who does that land belong to? To me.
Where did your houses stand that you say you had on this land? All along by the river, one stood on the boundary between us and Raukawa.
Who owns the land above the Kahika of Rangiwetea? It belongs to you to Ngati Hineaute.
Renata Paehora – sworn
I belong to the Ngati Mairehau and reside on Ngawhakaraua. I am one of the owners of that land. We derive our title from the Ahikaha. The boundaries of the land are the boundaries which our father pointed out to us. I never saw or heard of any of the descendants of Rakaumaui exercisingany right of ownership over this land. When a child, I ate of the things procured by my father from this land. I quite remember doing so. I was the first man to permanently occupy it.
When the Ngati Raukawa came we lived together on Tatahiku and Te Karaka, land of my ancestors and then we both went and commenced a clearing on this land, built houses on it and have continued to live together on it ever since are living on it now.
I and Reihana (of Ngati Raukawa) were the upoko of the waerenga.
Te Hutana and Pauroa asked me to allow them to plant on a part of my clearing, and I gave them leave.
They staid two years and then I told them to go and they went.
Moheua and Kaitiraha are of Ngati Raukawa and are one with us. Ereni married Te Moheua, that is what took her there.
Xd by Te Peiti
Had my mother not a place called Ohaereiti? That land is outside.
Had she not pigs on this land? No.
You say after two years you sent Te Hutana away? Yes and they did not come back.
Did you not see me there? Yes, you came with Te Hutana. Staid two years and went away with him.
Why did you send me away? Because when the government proposed to build a wharf there, you attempted to set up a claim to a share in the land.
How long is that ago? About 10 years ago.
Who heard you order me away? All these sitting here (runanga there).
Court adjourned till tomorrow.
