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Moday March 30th
Court sat at 10
Present – same judges and assessors
Himatangi – continued
Nopera Te Ngiha – sworn – Porirua – Ngati Toa – heard Tamihana’s evidence about his father’s wars – it was true – I came with Rauparaha from Kawhia in the second ‘heke’ – I went with Rauparaha to Waikato when he went to fetch his tribe Ngatiraukawa – Rauparaha said “I am going to Kapiti, do you join me and let us take Kapiti?” – Ngatiraukawa did not consent – went with Whatanui as far as Taupo – at Rotorua and Tauranga – Rauparaha had asked Ngati Whakaue and Te Waru to join him and they had refused – Horohau heard – Rauparaha left Ngatiraukawa
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Another way to Heretaunga and came on after us – Rangihaeata and others – Rauparaha came on to [Rotoaira] and to Whanganui – we went to Te Kaweka – [unknown word] short time left with Ngati Apa came up – 4 chiefs; Mokomoko, Ku, Te Pauhu – Rauparaha greeted them and said, - “you have come to ‘arahi’ me to my land at Kapiti?” – came with ‘heke’ on to Whanganui and Rangitikei – they Ngati Apa, were surprised and pleased (‘miharo’) at the way in which Rauparaha had come – was not long there – Pikinga, [Tangutu] and [unknown word] of Ngati Apa were left at Rangitikei – these were my ‘pou’ boundary for my boundary at Whangaehu – Rauparaha came to Manawatu – the cause of Nohorua; - Te Ara Tangata, of Ngati Toa was the cause of my ‘he’ – went up the river to look for her – came back and found canoe gone – looked for canoe and found a Rangitane woman and ‘patu’d’ her – came back and on to Ohau, to Horohau – Tapeka a Muaupoko, who was on friendly terms with Rauparaha – told him about canoe – Rauparaha went up the river – Te Poa ‘teina’ of Rauparaha was killed – Te Rangihoungariri, son of Rauparaha – Taiko, son of Te Poa – Te Whataati (a Ngati Toa chief), Poaka (son of Rauparaha) also 2 ‘tamahine’
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Of Rauparaha’s – Rauparaha and Te Rakaherea escaped – came to Ohau and Waikawa – we followed the enemy went to Horowhenua and took Waipata a Muaupoko ‘pa’, one man taken and the rest escaped – then Waikiekie ‘pahoro’ – killed a great many – upset canoes – Rauparaha was ‘koa’ that his ‘mate’ was ‘ea’ – then went to Waikanae thence went to Kapiti – built ‘pa’s’ there – Whau Kohu was Te Rauparaha’s ‘pa’ and Rangatira, ours – a 3rd ‘pa’, Wairua – then sent out expedition from island – after 2nd year came to dig fern root – were surprised at Waikanae, 20 of us killed – a portion of us were several chiefs of Ngati Toa killed – Rauparaha gun was taken on this occasion – Pehi who was of the party followed a vessel and overtook it – Pehi jumped on board and held on to the bulwarks – was taken away and was away 4 years – [went] – Takipito and Te Maraka – Rangitane and Ngati Apa – had been killed on account of the Ohau affair – these men were great chiefs of Ngati Apa and Rangitane and Muaupoko – then a large body – Ngarauru, Whanganui, Ngati Kahungunu, Ngati Apa, Rangitane, Muaupoko and people from middle island – came to Waikanae – landed about 7pm – about 2am arrived
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About 4 or 5am the attack made – we had been around by those who had heard the ‘papa’ of the ‘waka’s’ – 70 ‘topu’ of us turned upon them – Waiorua was the name of this battle – it was a ‘pahi’ because, ‘ka mutu nga whawhai i reira’ – after this affair Te Pehi returned – (Turangapeke) – ‘pakeha’s’ began to come – other tribes came and Ngatiraukawa – Whatanui came to Kapiti – tribes came from all quarters to see the people who had got ‘pakeha’s’ – Ngatiraukawa and Ngati Awa came with others and settled – lived at Otaki and Waikanae and Porirua like bees – [unknown word] peaceably till the time of the Ngati Awa and Ngatiruanui who stole potatoes at Waitohu – found by Ngatiraukawa who killed the thief – Ngati Awa from Waikanae then came up and attacked Ngatiraukawa in their ‘pa’ – Pakakakutu was Ngatiruanui’s and Taranaki’s ‘pa’ – fought with varied success – Ngatiraukawa invested – Te Heuheu heard and came down – parties from Muaupoko and Ngati Apa, Rangitane, Whanganui, Tarara and Nini – Tariki – Taonui – Te Heuheu – I looked and said, “this is Waikato” – Te Tupe – o – Tu, Te Haukahoro killed – we then helped Ngati Awa to build a ‘pa’ as Ngati Awa was
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Related to Ngati Toa – Ngatiraukawa then suffered a reverse – before Katihiku peace was then made – Waikato went back and Otaki was built by Ngatiraukawa – Rauparaha was followed to Ohau and brought back by Te Hiko and returned to Kapiti with part of Ngatiraukawa – Horomona and his party – and Nepia Taratoa, with HHaerewharara, went to Rangitikei – the fighting had ceased – Ngati Awa, Ngati Toa and Ngatiraukawa were friends again – the fighting was at an end – at the death of Waitohu (Rangihaeata’s mother) went to Mana to the ‘tangihanga’, Ngati Apa, Rangitane and Muaupoko and Te Pareiri went with Ngatiraukawa – returned to Otaki and were here two nights and then, “Te Kuititanga” took place – a ‘Huakipo’ na Ngatiraukawa on Ngati Awa at Waikawa - Ngatiraukawa were defeated – Ngatiraukawa did not get any ‘mana’ – the reason why I have told this story is because the Ngatiraukawa have compared us to Muaupoko – when I fought these tribes I drew them off – when the fighting ceased we lived together – after this Ngati Apa lived on the land and had ‘mana’; otherwise how could they have sold the land? –did the Ngatiraukawa gain any battle or take any ‘pa’s’ of the Ngati Apa, upon which it should be said that they had destroyed the Ngati Apa ‘mana’? – Ngati Apa were living between the rivers
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With Nepia – Horomona, Aperahama, Te Hurhuru, Haerewharara – Ngatiraukawa chiefs who had ‘mana’ – I don’t know who gave Ngatiraukawa authority to live there – it was after Haowhenua that the Ngatiraukawa went there in a body and occupied that land – did not hear of any ‘parekura o Ngati Apa’ – I saw Rangitane and Muaupoko and Ngati Apa living in their carved houses at Parewanui on the other side of Rangitikei
Cross examined by Mr. Williams – I saw the coming of Ngati Toa and Ngapuhi – did not come with that party – heard of it – there were prisoners of Ngati Apa taken back – ‘mokai’ – there were two women Pikinga and Tangutu and 1 man – I heard Tamihana state that Ngatiraukawa were defeated at [unknown word] – heard that Ngatiraukawa with Waikato ‘patu’d’ the Ngati Kahungunu – Tu Korehu and Te Paewaka were the Waikato chiefs – don’t know if it was a ‘matenga nui’ – the 3 tribes were not ‘mauahara’ with Te Rauparaha on his second coming – on the 2nd expedition all the Ngati Apa were on the coast getting food for us – saw them on the shore and in the ‘pa’, at Te Awamate – at Rangitikei – north side – ‘I poua ki Whangaehu nga tangata’ – Pikinga was of Whangaehu and Turakina – (these were of Ngati Apa) as a boundary for the land for my ‘mana’ (repeated 3 times) Pikinga was a ‘wahine
Page 397
Rangatira’ of Rangihaeata – Tokipoto and Te Maraka were killed by Te Rauparaha at Ohutuiti ‘Patu noa iho’ – it was a retaliatory [unknown word] for the ‘kohuru’ of Rauparaha’s children at Ohau – I did not know that Ngatiraukawa were ‘mokai’s’ when they came – Whatanui and others were chiefs – what else – Ngatiraukwa fled at Haowhenua – Haowhenua is now with Rauparaha and Ngatiraukwa – Otaki was left at that time – went to Ohau – Taramakari fetched – Rauparaha back when Ngatiraukawa ‘whetu; katahi ka whai tangata’ at Otaki – Ngati Awa were at Haowhenua – after that went to Waikanae – Ngati Apa did propose to sell on this side of Rangitikei when other side was sold – did not sell because the committee settled, and after that they wanted to sell this side also – the committee of Ngatiraukawa, Ngati Apa and Whanganui – I heard that this side was left for Ngatiraukawa and Ngati Apa – did not know of ‘runanga’ at Otaki about this arrangement – did not hear that Rangihaeata and Rauparaha were angry about the consent being given to sell the other side of Rangitikei – don’t know whether they consented – ‘kahore ano I rite I era korero’ – in Satan’s time there were slaves, of the 3 ‘hapu’s’, at Kapiti – Satan’s time was uo to Mr. William’s – cant tell about ‘mana’ in the time of Satan –
Page 398
-when Ngatiraukawa went to Rangitikei, Ngati Apa went with them to their own lands – they were ‘whakarangatiritia’d’ by Nepia – I don’t know who was highest – I heard that Nepia treated the Ngati Apa as equals, for he did not notice it – if this had been heard at Maungatautari – ‘he papa mahua mo tenei kanga’ – if suc a word had been spoken of Rangihaeata he might have done the same because of his wife – the canoe of Ngati Toa’s attacking Ngati Apa was the affair at Waikanae when Pehi came to qrief – it was Nepia’s ‘pai’ which presented him from resenting – Ngatiraukawa were always kind to Ngati Apa – I heard of a ‘kohuru’ at Waikawa – Muaupoko and Rangitane only were ‘kohuru’d’ by Ngati Awa ‘hoko rua hook toru ranei’ – ‘he rangatira anake’ – it was Te Puru of Ngati Tama who investigated this murder – it was not Rauparaha or Rangihaeata – it was at Waimea – we were at Kapiti – we did no know of it
The court adjourned at 1pm for an hour
court resumed at 2pm
Hohepa Tamaihenga – sworn –Porirua – Ngati Toa – heard Nopera’s evidence – it is correct – I came in the same ‘heke’ with Rauparaha – remember when Ngatiraukawa went there – Ngatiraukawa
Page 399
Congratulated Rauparaha on his ‘toa’ and having ‘pakeha’s’ with him – don’t know about their ‘mana’ at that time – they settled down here on account of Rauparaha’s ‘mana’ – afterwards they lived at the mouth of Otaki – Ngati Apa were then living between Manawatu and Rangitikei – fires burning then and since – not clear about Ngatiraukawa beating them – Ngatiraukawa did not fight with them – Ngati Apa lived all over the country between Manawatu and Rangitikei – Ngatiraukawa lived on this side – remember the going of Ngati Apa and Waitotara – Rauparaha and Ngati Toa were glad to see them and I was glad to see that chiefs of Ngati Apa had come to fetch us – we came to Rangitikei and lived at Matahuri with Ngati Apa as friends 2 months – Ngati Apa returned from Manawatu to their places at Whangaehu, Turakina and other places – Horomona and Haerewharara and Nepia and [Kurehou] Aperahama were the first who went to Rangitikei and joined the Ngati Apa occupants – no fighting about it – remember the time of treaty – Ngati Apa were then living between Manawatu and Rangitikei at that time
Examined by Mr. Williams –
at the return of Rauparaha after first expedition he took slaves with him – they were with us when the Ngati Apa came to us at Waitotara
Page 400
The prisoners were given back – Pikinga Tangutu and Takaoi – a good while after this Ngati Toa took slaves again from [-] they were taken on the occasion of the utilisation murder for the Maraki and Tokipoto – at Manawatu – I did not see the fighting of Ngatiraukawa with Ngati Apa at the coming – I heard of it – I saw those they brought with them on their coming from Maungatautari – did not hear of fighting with Ngati Apa after that – I heard something about Hotuiti but it was not a great thing – I did not see Ngati Apa (Taurekareka of Ngati Apa) but saw those who went ‘pai’ to ‘Te Aroaro o to ratou wahine, a Pikinga’ – they were not there very long – did not see Ngati Apa living as slaves with Ngatiraukawa – the slaves brought were with Ngatiraukawa – the Ngati Te Ihihi also had Ngati Apa slaves – they were returned before Ngati Kauhata went there – Ngati Kauhata were at Kapiti when they were returned – I have signed the deed of sale – it was my land – it was all mine – all the land is mine to Wellington and Wairarapa – I put Pikinga, Takaoi and Tangutu on the land and Ngati Apa – that was my claim – at Whangaehu Turakina etc – the boundary of my ‘mana’ is at Whangaehu – when Rangitikei was sold that land was under my ‘mana’ – I and Ngati Toa sold the land in the middle island – the
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Occupiers of the land were on it at the time I sold it – they did not sell it – I sold it and gave them part of the money – it would not be right for them to sell – because I was their ‘Rangatira’ – Ngatiraukawa and Ngati Apa were ‘rite’ because Nepia and Horomona had elevated Ngati Apa – Ngati Toa were elevated by Ngatiraukawa – because they ‘noho tahi’ and ‘I rite te korero’ – Ngati Toa and Ngatiraukawa were connected from time in memorial – they were equal – I heardTamihana say that Ngatiraukawa was below Ngati Toa – it was Tamihana’s [unknown word] – it was you first – Nepia – [unknown word/name] – Haerewharara – Horomona – Aperahama, were the chiefs on one side who elevated Ngati Apa – and the other side was Tapa and others – these have all signed the deed of sale – some of Ngati Apa had been taken and were returned – they elevated the Ngati Apa they were ‘rangatira’s’ because the had returned to their own land and were occupying it – it was right for them to sell because I was the chief, if they had sold ‘kua he ratou I a au kua kore he whenua mo ratou’ – all the lands from Manawatu to Porirua are under my ‘mana’ – I can sell these lands – when Te Awahou was sold by Ihakara – I was referreed – if Ihakara sells the land on this side of Manawatu ‘ka eke ano au ki runga’ – it is my own land – it is in my hand as owner and
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It is in Ihakara’s occupying – all the lands between Manawatu and Porirua are the same – with respect to the lands brought into court – I should wait till these lands be sold – the occupied lands are theirs but those outside are ours jointly – the reclaimed lands are theirs but the forests are our joint properly – if the Patu Kohuru bring their lands on this side of the Manawatu into the native land court I shall not oppose them – ‘he kainga tuturu tenei no ratou’ – all that they keep or appropriate to themselves – these are joint sellers with me – I would not ‘pakanoa’ to fell a bush for myself between this and Manawatu – I have land at Porirua – I could ‘tua waerenga’ there – ‘noku ra hoki tena’ – I have a great deal of land – not so large as Rangitikei – if lands between Manawatu and Otaki are brought into N/L/C by parties claiming – ‘hei whenua tuturu, no ratou e kore au e whaka he’ – if they talk of selling – ‘ka patu ahau’
Cross examined – there were 400 Ngati Toa living at Kapiti – when Whatanui came – there were also 600 Ngati Awa living with them – there were only 100 of Ngati Toa and about 20 of Ngati Awa at Waiorua [unknown word] – there were about 600 of Ngatiraukawa at the time of the second ‘heke’ – there were about 200 of Ngati Apa at that
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Time – Ngati Apa were occupying from Whangaehu to Manawatu – Rangitane occupied between the same boundaries and back inland – don’t know how many Rangitane – Ngati Apa were the more numerous – Muaupoko lived at Horowhenua – about 100 of Muaupoko, Tauwheki the chief – when Whatanui came – Rauparaha lived with Ngati Apa for 2 months at Te Awa Mate on the north side of Rangitikei – at the commencements of the fighting with Ngati Awa Ngati Apa were living at Rangitikei and Ngatiraukawa were here – at Puke Puke, Kaikokopu, Koputaara – Te Whakapuni – on the south side of Rangitikei and within purchased block – Ngati Apa joined Ngatiraukawa in the fight – Rangitane back first and after, on the return of their allies (Taraia, Te Heuheu and others) Ngatiraukawa went back – after Rauparaha went back Nepia and Horomona went to Rangitikei – Haerewharara went to the Ngatiapa settlements on both sides of the river – Ngati Apa sold the Rangitikei block to government – Ngati Toa had nothing to do with it – Horowhenua was given by Rauparaha to Te Whatanui – Muaupoko were living there – from Nga Whakangutu to Waikaura thence to Ohau thence to Onewhiti – Poroutawhao – that was the boundary of the portion quietly
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Handed over to Ngatiraukawa-
Ropata Hurumutu – sworn
Otaki – Ngati Toa and Ngatiraukawa – I came here with Rauparaha – has heard the evidence given by Nopera and Hohepa – it is true – Ngati Apa were occupying ‘noho to pu’ both sides of Rangitikei at the time of the treaty – lived there from the time of their ancestors to the present day – heard that Nepia, Horomona, Taraotea and Te Whata went to Rangitikei – don’t know at what time, it was a ‘whakakotahitanga kia Ngati Apa’ – Ngatiraukawa were living at Otaki during the time between coming of Whatanui and Te Kuititanga – Whatanui was at Horowhenua – Rauparaha gave Horowhenua – Te Hiko and Tungia gave Otaki to Kingi Te Ahoaho and Kingi Hori – the boundary of the land given to Ngatiraukawa by Ngati Toa was at Manawatu – when[unknown word] to Rangitikei – Ngatiraukawa and Ngati Apa lived in friendship ‘he mana to tetahi, he mana to tetahi’ – if Ngatiraukawa should propose to sell Manawatu – Rangitikei it would be for both to ‘tango’ and for both to sell – I should join on account of the great ‘mana’ of Ngati Toa
Cross examined by Mr. Williams
don’t know how many of Ngati Apa were living on this side – there were
Page 405
100 of Ngati Apa who sold (at the time of sale of Rangitikei – Manawatu block) – those who were on this side were living with Nepia and the other chiefs – I heard about Ngati Apa when they were fighting with Ihakara – they were collected – don’t know the name of the ‘pa’s’ where they were assembled (Ngati Apa) :- that was the only time I heard of them as being collected in numbers at Rangitikei and Ngati Apa gave him a piece of land there – I don’t know whether Ngati Raukawa took the land – all I know is that when Ngatiraukawa went to ‘Whakarangatira’ Ngati Apa they gave him land there – I heard Nopora’s evidence about “pounga tangata hei rohe kei whangaehu” – there was no anger by Ngati Toa when Ngatiraukawa went to Rangitikei because they were all one – they were united in thought – Rauparaha and Rangihaeata may have sent Ngatiraukawa to Rangitikei – Ngati Apa would have been strong to ‘pana’ if they had chosen – there was fighting afterwards and Nepia put an end to their squabbling – a woman was shot by Nepia on one occasion and Ngati Apa – I did not hear of fight before this –
Page 406
Some of Ngatiraukawa went at [Horowhenua] – some at Kuititanga and some after that – the men who have ‘mana’ have sold – don’t know about the other side – I signed the deed – got £1000 for my ‘oneone’ at Rangitikei – don’t remember telling you that I had no land at Rangitikei – all Rangitikei is mine, and all the district, and acres to the Waipounamu – I did not see Ngati Kauhata at Oroua – heard they were there
By court – the Ngati Apa and Ngatiraukawa were living together in the same settlement at the time of Nepia and others going to Rangitikei
By Mr. Williams – I sold the land because it was my land – the sellers came to me because they knew it was my land – down to Te Waipounamu – all the owners of the land called to me
Further hearing adjourned till tomorrow
court adjourned at 5pm to 8pm
court resumed at 8pm
Present – T.H Smith and J.Rogan}judges
same assessors
Allots 116,117,118,119,90 and 92 Otaki
Tamihana Rauparaha – comtinued from pp 151 (from pp 381 in this book)
Claimant and counter claimants appeared – and were informed by the court that as the case was likely to take some time the court would
Page 407
Adjourn further hearing and proceed with the Rekereke and Tawaroa cases in order to take the evidence of the surveyor in these cases
Further hearing of this case adjourned till tomorrow at 8pm
(continued pp 430 in this book)
Te Rekereke – Tamihana Te Rauparaha
Tawaroa no3 – Parakaia Te Ponepa
Tawaroa no1 – Tame Hawea
Tawaroa no2 – Hutana
Tamihana Te Rauparaha appeared – surveyed by Mr. Knight
Parakaia Te Ponepa appeared – claim surveyed by Mr. Hughes
Tame Hawea appeared – claim surveyed by Mr. Knight
Kiriona Hamaro appeared for Hutana Ngarangirehua
Hutana Ngarangirehua is ill and unable to appear – claim surveyed by Mr. Knight
Charles Godfrey Knight – sworn – I have surveyed claim of Tamihana Rauparaha to Te Rekereke also claims of Tame Hawea to Tawaroa and of Hutana Rangirehua to Tawaroa – the claims of Tame Hawea and of Hutana both conflict with Tamihana’s claim but not with one another – the plan of Tamihana’s
Page 408
Claim has not been certified
Tawaroa no1 – Tamihana’s claim – plan produced – the plan produced was prepared by me before the end of the year 1867 – usual evidence as to plan and boundaries – surveyed at instance of claimant and boundaries to the best of my recollection were pointed out by him – the boundaries as shown on plan distinctly marked on the ground – rules of court observed – survey not interrupted – I am aware of a dispute as to ownership a portion on the south east side of claim is disputed by Tamihana Rauparaha – the portion of Tamihana’s claim which conflicts with this is shown on the plan before the court (see pp 491 this book)
Tawaroa no2 – Hutana Ngarangirehua’s claim-
the plan prepared by me, of this claim was made in August 1866 – it has not been certified – I was employed by Kiriona to survey this claim – the boundaries as shown in the sketch have been marked on the ground – a plan has been prepared by me for the court which has not yet been certified – The ownership of this land is disputed by Tamihana Rauparaha (Rekereke) and Parakaia both claims conflict with this and with one another – the plan of Tawaroa no1 is the only certified plan I can produce with reference to these claims
John Hughes L.L – sworn – I have validated my license by the payment
Page 409
Of the fee required by the act of 1867 – I have surveyed the claim of Parakaia to Tawaroa no3 the claim of Tamihana to Rekereke and the claim of Tame Hawea to Tawaroa no1 both conflict with this claim – the boundaries of the conflicting claims are not shown on the plan produced – plan returned to Mr. Hughes to show boundaries of conflicting claims
Further hearing of these cases postponed [unknown paragraph]
Allot no94 Otaki – Pene Te Ruapuia – adjourned case from last sitting
Pene Te Ruapuia – appeared
Land surveyed by Mr/ Knight
Charled Godfrey Knight – sworn
I produce the plan of the claim of Pene Te Ruapuia – it is one of the allots (no94) of the town of Otaki - - it is the allot as originally laid out, as nearly as I am able to [unknown word] it – the streets as shown on this plan correspond with those shown on this tracing of the township – survey and plan mine – employed by claimant – boundaries shown by him – two sides are fenced – north and south boundaries – not aware whether there is any dispute as to ownership – survey not interrupted – no building on the land – further hearing postponed
Page 410
Allot no87 Otaki – [unknown name] Atutahi
Adjourned case from last sitting
Claimant called – did not appear
Charles Godfrey Knight – I produce plan of this claim (produced) survey and plan by me – plan prepared in 1867 – employed by Eruera Te Matata who represented the claimant and boundaries pointed out by him – boundaries as shown on the plan are marked on the ground – there are fences on the east and north but they are not correct – the resident magistrate court house and lockup is on this allotment and is as originally marked out as nearly as I can as certain it – am not aware of any dispute as to ownership – survey not interrupted
Te Waerenga no1 – [Perena?] Te Teure – adjourned case from last sitting
Te Waerenga no2 - Eruera Te Matata
Charles Godfrey Knight – produced plans of these claims
Te Waerenga no1 – this land on the south side of the town of Otaki – the north portion of claim includes part of township – it takes in a portion of a road and part of allot no69 of town of Otaki claimed by Hoani Taipua – usual evidence as to survey and plan and boundaries
Page 411
Employed by claimant Perenara Te Tewe – boundaries pointed out by him – survey was interrupted – ownership is disputed – the boundaries have been altered since first survey to correspond with adjoining claims – I believe the east boundary is in dispute – it was a woman who interrupted the survey of that portion
Waerenga no2 – a plan has been proposed by me – it has been certified subject to correction – it was proposed by me on ascendance with rules of court – at the instance of Eruera Te Matata – boundaries pointed out by him – they are marked on the ground as shown on the plan – the claim [unknown word] upon allotments 71-73-75 and 77 of the town of Otaki and includes allot no79 – plan and survey made by me and rules of court observed – leave the plan for Mr. Hughes to produce in court after correction – further hearing of these cases postponed
Mr. Knight – produced plan of Te Rotowhakahokiriri
Adjudicated on at sitting of court at Otaki
July 2nd 1867
Court adjourned at 10pm to tomorrow
