21st January 1880
Foxton
Court opened at 10 am.
Present – Judge Heaphy T. Hapimana E. T. Willcocks
Manawatu Kukutauaki No. 7D – continued
Tamihana Te Hoia states 64 feet – 96 links is the distance from the corner peg (171) to the end of my fence at Waituirua swamp. We did not measure to my boundary.
Tatana
Roiri’s claim is outside this land at Wairarewa.
Tamihana
My boundary is 2 chains from corner peg going west into the swamp from Peg (171). My peg pulled up by Hutana stood on my land a crop the swamp.
Hutana Rangiaiheua
The line 22* 43* 46* produced to the south would divide my land from Tamihana’s.
The peg carried by Tamihana and put in swamp was done by surveyor. The line 22* 43* 46* produced to the south was an ancient boundary. I alone have a right to the east of that boundary (as produced).
By court
I never remonstrated with Tamihana for putting his peg in the swamp. I pulled it out.
By Tamihana
You carried the peg into the swamp. I only saw it when I pulled it up. There was no post on dry land.
No contention occurred through my pulling up the peg. The swamp was mine and Tamihana’s.
By court
The swamp is mine alone. Tamihana’s fence might to stop at the corner peg and not go into the swamp.
Te Wireti Te Ruinui
Hutana does not possess Watuirua. It belongs to Tamihana. I have worked eel weirs there. It is an ancient eel weir. Hutana’s eel place is at Paraunewae.
By Tatana
Namana worked there for eels. Hutana was not seen at that place he was at.
I never saw him at Parunewae. I and Namana worked for 3 years there and the swamp passed into Tamihana’s possession. Namana has an ancient title to this land.
Called by Hoia
Kereoma Paratawha
I have worked eel weirs at Waituira. You and I worked there.
I have never seen Hutan doing so. His place was at Porotawhao. I worked there until 1879. He never disturbed me there. Hutana worked at other places – some distance off.
Tatana
Namana worked in the swamp. Waituira is not a high hill. It is a swamp. A portion of the swamp is Hutana’s and a part Tamihana’s. I never saw a peg in the swamp.
Teira Te Hinu
Waituira is not Hutana’s. It is Tamihana’s. I have not seen Hutana for 9 years.
Tamihana
I have worked for eels there. You and I put a peg in on dry land at ± on the south side.
The old peg was in the swamp. I afterwards put in a peg at the side to point out the place. There were 3 of us when the peg was put in. Hutana was not there.
Our ancient weirs are still there. The swamp is inside the line of 7D. The eel is outside.
By Tatana
The surveyors did not put in the pegs. I put in the peg in 1879 in order to show the place from a distance. Hutana pulled up the pegs. Roiri has only possessed the lands lately.
Tatana called
Menehira Te Pouawha
Ngatimama Hapapahae. Ngati Tuwhakahewa own the disputed part from the corner peg to ±. The production of the line from the corner peg is the boundary. I don’t know of any eel weir at the swamp at the end of fence.
The swamp at the end of the swamp is Maramarahoe. It is Roiri’s - the Wairawa block. The name Whatuira for the river ended at the weir.
I did not tell interpretor and assessor where Maramarahoe was. Ngati Manea have speared eels all over the swamp.
Karepa and others of the Ngati Hapahapae have speared eels there (1870). Karepa belongs to Otaki and Porotawhao. I think the corner peg is yours. It was put up by consent of Ngati Huia. We did not produce the line because it was a disputed boundary.
By Tatana
The whole of Ngati Huia laid off the line long ago at the 4 lakes.
Called by Tatana
Hapi Rangitewhata
The corner peg is on a ridge. The disputed portion belongs to Ngati Huia. It belongs to Tamihana and Hutana. Hutana has the greater right. The line should be cut for 4 chains from corner peg.
Re 275 acres called Wawa
Kiriona
From the east angle to ‡# was taken by Te Whatanui. I contended with him. In 1852, the long line C to F was marked by chiefs of Ngati Huia and all the north was given to Whatanui. I was at Wawa Lake. I stopped his survey at I and sent him back to ‡. He then ran his line over the Lake to E and on to A.
Tamihana has a slight claim to this land at G. The dotted line is a little too much to the north. I am the only contending party. The part to west of line ‡ belings to Ngati Pare except the little bit at G.
Click on view to see plan
Te Wireti – sworn
The dotted line separates Te Whatanui from Ngati Huia. I was there when Kiriona and Whatanui were disputing the boundary.
By Kiriona
Your line is marked ‡ on the plan R. We finished at E 1138. Hutana and others did not appear to support you.
Tamihana Te Hoia
The eel weir I claim is Te Rakauwhakamatuku marked “O”. Kiriona is correct in his assertion about disputing with Whatanui. I support Kiriona’s claim.
Court adjourned until Friday 22nd being holiday.
