Wednesday 10th February 1869
Court sat at 10 am.
Present – the same
Kahuera – continued
Rawiri te Wanui – sworn
I belong to Ngati Maiotaki tribe, and reside at Otaki. I know the land called Kahuera. I corroborate Rota’s evidence given yesterday. This land is part of the land owned by Ngati Maiotaki.
The father of Parameua our opponent lived on this land long ago. Matangi and Pita seized this piece first na o raua i runga i mau tenei piihi.
The piece shich Matiu and Te Hira took possession of was Waiorongomai. Matangi and Pita belonged to Ngati Maiotaki tribe. Matangi was killed at Haowhenua. Pita is still alive. They dug fern root on the land before Haowhenua. They were only on it a short time. Matangi gave Pehitaue permission to scrape flax upn the land (hoatu ana te whenua hei harunga muka). Pehitaue lived on it two years, and then the Haowhenua fight took place, and we all assembled in our pas. After Haowhenua, the Ngati Raukawa scattered.
Pehiaues people did not again go on to this land but lived at Otaki. Pehitaue was killed at Kuititanga. His son Parameua did not live on the land after Pehitaue left. I lived a little inland of Kahuera after the Kuititanga and never saw him there. I never saw Moroati on the land after Te Kuititanga. No one has occupied this land since Haowhenua. When I lived inland I used to frequently go to the seaside passing along the south boundary of this land and never saw any of N.Pare upon it. I am a teina of Matangi.
Xd by Moroati
Had you ever a house on this land? No.
Did you ever attempt to eject Pehitaue? No, because he was a relative and Matangi had given him permission to clean flax on the land.
Did I never live on this land after Haowhenua? I used frequently to pass it, and never saw you there or saw a house upon it.
Paora Taurua – sworn
I belong to Ngati Wehiwehi. I know Kahuera, the persons I have seen living on that land were Rawinia and Rota’s people before Haowhenua. Matangi and Pita were the first who got possession of this land. It was deserted at the time of Haowhenua.
Pehitaue lived on it short time flax scraping by permission of Matangi.
Xd by Moroati
Did you ever see Rawiri and Rota living on Kahuera? No, but I saw Matangi there.
Kiharoa (affirmed)
Xd by the court
I belong to Ngati Pare. Parameua’s tribe. I know Kahuera. It belongs to Ngatimaiotaki. So fas as I know they have always been in possession. Matangi gave Pehitaue permission to live on the land to scrape flax as he had married his sister. That would give him a certain amount of mana over it but when Pehitaue died that ceased and the land reverted back to Ngati Maiotaki. It was given back by Te Matia chief of Ngati Ppare, and none of the Ngati Pare ever occupied the land after that. It was given back at the time of the hakari called Pua o Kamukamu.
Xd by Moroati
Did you hear Te Matia give it back? Yes I did. Where? At Otaki.
Mr. John Hughes – sworn
I am a surveyor under the Native Lands Act. I made the survey of the land shown on the plan before the court, the lines are cut on the ground and the angles pegged. The natives interfered with the survey and pulled the chain about, therefore the survey does not close as I would wish. I undertake to correct any error. The line shown as the tribal boundary between Ngati Wehiwehi and Ngati Maiotaki is cut and well defined.
Moroati and Hakaraia employed me to survey the land, they pointed out the boundaries. It was Rota who interfered with the survey.
Judgment in favor of Ngati Maiotaki.
Rota said that he did not wish a separate grant for Kahuera as it was included in the survey of Waiorongomai, if he proved his title to Waiorongomai, he wished one grant for the whole.
Waiorongomai
Claim read – sketch map produced.
Rota Te Tahiiwi – sworn
I belong to Ngati Maiotaki. I know the land shown on the sketch map before the court, the boundaries of which are described in the kahiti of the 22nd October 1868. This land belongs to Ngati Maiotaki and Ngati Waihurihia.
The Rauparaha came to this district and acquired the land hereabouts by conquest. He sent Hukiki to Taupo to fetch over his people the Ngati Raukawa to occupy the land.
We all at first went to Kapiti, and afterwards came over to the mainland to kotikoti whenua.
The Ngati Maiotaki, Ngati Waihurihia and Ngati Kapu, occupied the piece till the time of the battle of Haowhenua. When they left and went to Otaki after the war they again occupied the land. At that time Ngati Kapu were on this land with us. We were all together until after the Kuititanga. After the pakehas came we commenced to have disputes.
Parakaia Te Pouepa, and Ngati Turanga appeared as counter claimants or objectors.
Parakaia Te Pouepa – sworn
I belong to Ngati Turanga and reside at Otaki. I know the land shown on the map before the court called Waiorongomai. I claim a portion of it. I claim the triangular piece from the point marked Kahuera or T. Bevans Shepperds hut, in a straight line through the Hurutini and Punaioro lakes to Te Ahiahataua thence to Te Rotomokai thence to Kahuera, Bevan’s Shepperd’s hut.
I also claim the land to the north of the line shown as the boundary of Ngatiwehiwehi. When the Ngati Raukawa came across from Kapiti as stated by Rota, we the Ngati Turanga and Ngati TeAu came and occupied Huritini near the sea, marked on map. They lived with Ngati Awa and Ngati Toa. Te Whetu was chief of the latter.
We the Ngati Raukawa commenced to scrape flax on the land. We commenced to live there during the Kowhai blossoming and at the end of five months went to attack the Whanganuis.
When we came back we commenced to clear land at Otaki. At the time of the ripening of tawhara’s we came on to this land to gather them. After a time we went to Kaiapohia to fight. We came back to Otaki, dug our potatoes, and made other clearings.
After that we came again on to this land to scrape flax and get eels. All this was before Haowhenua. We gave the eels to Hiko of Ngatitoa the owners of the land. It was N.Turanga, N.Raukawa and N.teAu who caught the eels. At the time of Haowhenua we all left the land and went to Otaki and on the occasion of an Ope coming from Taupo went to catch eels again in these lakes. I think this was in 1835 after Haowhenua.
On the death of Kiharoa’s wife, we caught eels for Te Whunga in both Kahuera and Hurutini lakes, this I think was in 1837. We then left the land and went to Manawatu, and the land was unoccupied till Mr. Hadfield came. He wanted posts for the church and we all went to get eels to eat while working at the posts. I caught my eels on the north side of the Hurutini lake. I caught no eels on the land after 1845 as I then became a teacher in 1846. I heard that Toka and N.Wehiwehi had taken possession of Hurutini then and Ngatikapu had a quarrel about it. I took no part in the quarrel as I had left the land. I was told of it and I proposed it surveyed. I heard that the Ngati Kapu destroyed 2 hinakis.
Te Rawaraki of Ngati Kapu it was who disputed with Toka. It was Te Rawaraki and Eruera Tahitangata who were then in possession. In 1832, Paora Pohotiraha of Ngati Wehiwehi came and occupied the land north of the boundary line shown on the map. Kiharoa of Ngati Pare and I opposed them and it was then that the line past Puketi was laid down.
It was not till the year 1861 that I heard of this boundary line between Ngati Wehiwehi and Ngati Maiotaki shown on the map. It was laid down because the Ngati Wehiwehi used to kill the Ngati Maiotaki’s pigs.
I consider that my brother Te Kuru is the owner of the land on the south of the line, and that I am the owner of the land on the north of it.
In the disputes with Ngati Wehiwehi, Rawiri Te Wanu was my ariki, I was only the kai korero.
Xd by Rota
Do you not know that Kahuera belonged jointly to Matangi and Pita? I heard so from you.
Did you not hear that Matangi gave the permission to scrape flax on it? I heard from you.
Had you ever a house on this land? Yes near the lakes.
Did you ever interfere with us? I did not see you as you only came there after we left.
Mirika Te – sworn
Xd by the court
I belong to Ngati Teau a hapu of Ngati Raukawa. After we migrated here from Taupo, we went to Kapiti, and after a time I and the Ngati Teau came to live on Huritini. I lived with the Te Whetu of Ngati Toa. We came to Huritini to scrape flax. We also planted potatoes near the sea. We went to Waikanae to sell our flax and then all the Ngati Raukawa came across from Kapiti and occupied all the land from Waitara north.
Our flax was sold for guns. Te Whetu told my father that the guns must be given to him as payment for the flax taken off his land. I heard him say so. My matua gave him two guns, 1 Patiti, 2 Titaha.
The guns were for the flax, the others were a present.
I have always maintained that the guns were given as payment for the land. Te Whetu migrated to Nelson, and the land was left to my matua and me. The time I speak of was before Haowhenua. At this time Ngati Maiotaki were at Waiorongomai – the land adjoining. There was no boundary between the two. The boundary shown on the map is a new one.
We all left this land at the time of the Haowhenua fight. After Haowhenua we only used to go on it to catch eels.
We used to take the eels to Kiharoa (of Ngati Pare) and to Te Hiko of Ngati Toa. The last time I caught eels in Huritini was when the Otaki church was being built. I never saw Ngati Maiotaki getting eels in Huritini lake either before or after Haowhenua, their pond was Waiorongomai.
Xd by Rota
Did not Kahuera belong to Matangi and Te Kingi? I have heard so.
Did you never hear that Matangi and Te Kingi gave Pehitaue leave to scrape flax at Kahuera? I have heard that Matangi did.
Hakopa Te Tehe – sworn
Xd by the court
I belong to Ngati Teau (corroborated Parakaia’s and Mirika’s evidence about scraping flax on Huritini and catching eels)
The boundary described by Parakaia as the south west boundary of Huritini is an old boundary between Ngati Toa and Ngati Awa laid down at the time when the different hapus of the Ngati Raukawa took possession of the land on their arrival from Kapiti, they did not roherohe the land they squatted on it to scrape flax and catch eels.
Te Whetu gave the land to Te Kuru of Ngati Teau, and the old boundary between Ngati Awa and Ngati Toa remained.
While we were living at Huritini, I never saw Ngati Maiotaki on Kahuera or Huritini, but I saw them on Waiorongomai. I saw the Ngatikapu on Huritini. That land had been given to them by us that is by Te Kuru. The land so given was the land south of about the centre of the Huritini lake.
Ngati Kapu appeared as – counter claimants.
Tonihi (affirmed)
Xd by the court
I belong to NgatiKapu and know the land shown on the map, it includes Waiorongomai, Huritini, and Kahuera. When we migrated here from Taupo we found this land deserted except by the Ngati Awa and NgatiToa. Rauparaha having conquered it from the Muaupoko, Rangitane and Ngati Apa.
The Ngati Toa gave their share of the land to their Ngati Raukawa connections. And the Ngati Awa also gave land to their Ngati Raukawa connections. Our tribe got none (i hapa). The Ngati Maiotaki, Ngati Waihurihia and Ngati Kapu were one at this time. Matiu our chief, then determined to take some and he and the whole tribe went to Waiorongomai. We found some of the Ngatiawa on this land, and we joined with them (ka Kuhu ai roto i a ratou).
The chiefs of Ngati Raukawa, Rauparaha and others objected to our staying there lest we should breed dissention with Ngati Awa, and they sent Kiharoa to send us away. We reposed to go.
The end was the Ngati Awa left, but were pouri. After Haowhenua we came back to reoccupy the land, Matiu, Hanita, Te Ra, Kingi Te Ahaaha, Matangi Hone Te Tihi, Mohi, were the chiefs. We occupied the whole land from between Waitawa and the Maiotaki boundary line on the coast to the mountains inland. Our three hapus continued in joint occupation until after the Kuititanga. After that they agreed to divide their lands.
The Ngati Dapu got the land east of a line from the angle near Pureherehi lake to Toriori and to the south of a line from Tioriori running east to Kotarari (south of Kopurehorehe lake). The Ngatimaiotaki and Ngati Waihurihia got the land west and north of this. The chiefs of the three tribes agreed to this division.
Te Ra (of N.Kapu) Matiu of Ngati Waihurihia, and Te Kingi ahoaho of Ngati Maiotaki were the persons who laid off the boundary.
The boundary line through Huritini lake shown on the map was laid down by the Ngati Wehiwehi and Ngati Maiotaki to divide the lands, Parakaia I believe opposed both. After the death of the old chief who made the boundary, Hanita and Rota of Ngati Maiotaki arranged to lease their land as a sheep run, and they included our piece in the arrangement. I objected, but ultimately agreed to let the sheep run on it.
When the lease money was paid Hanita and Rota gave me £10 as my share, Hanita died and when the next rent was paid, Rota kept my share. We quarreled and then Rota had the whole block secretly surveyed and applied for a title. I have a brother buried on the part I claim. I was living on the land at the time of his death.
Eruera Tahitangata – sworn
Xd by the court
I belong to Ngati Kapu and reside at Otaki.
I am one with Tonihi in this matter, I have heard his evidence, it is correct. The boundary stated by him is the boundary laid down by Te Ra, the Ngati Kapu got the land east and south of the line.
Erioko corroborated the foregoing evidence. This concluded the case of Ngati Kapu. Hipirini Taiwaraki claimant to a small piece near Kopuareherehe lake.
Hipirini Taiwaraki – sworn.
I belong to Ngati Kapu and Te Mateawe. I claim a piece of the land near Kotarari. My matuas took possession of this piece. Cannot describe the boundaries but I could point them out to the surveyor. The piece is long and narrow. It was a clearing of ours. I and my relatives cleared this land and planted on it. We first went to live on this piece before Haowhenua. We left it at the time of Haowhenua and went back to it again after Te Kuititanga.
We had houses on it. We left it when the land was leased by Rota to Mr. Hadfield, we agreed to the lease. We had a portion of the £10 – paid to Tonihi. Those who lived on and helped to clear this land were Hori Te Tihi, Horomona Te Mirowhati, Taieri Te Whakaheke, Karanama, Heremia, Hohepa, Te Ngatere, Rawiri, Weteriaua and myself.
Karanama corroborated Hipirini’s statement.
Xd by Rota
Did that piece belong to you? Yes and to Hone Te Tihi na Hone i runga mau tenei whenua.
Court adjourned till tomorrow.
