More Info →4 July 1867

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Thursday July 4^th 1867

Court resumed at 10.30 am.

Town Sections at Otaki – Matene Te Whi whi – continued

Matene Te Whi whi – called three times – did not appear.

Manahi Ngatihuia – appeared as counter claimant – Sworn.

I am of Ngatihuia hapu of Ngatiraukawa. Live at Otaki. I claim to be the owner of the allotment No.61 and 62. At the time of the settlement of the town these two were allotted to me. It was an arrangement by all Ngatiraukawa – by the chiefs. I occupied these two sections and built on them. I fenced them in. The fence now standing was put up by Matene. The house now standing is Matene’s. I occupied for 10 years. I left to occupy another place of mine on the other side of Otaki river. I left my house standing and the fencing. The allotments were given to individuals not to one person. Allottment No.61 was given to me and No. 62 to my ‘matua’. Enoka Te Puehu had No. 62. My house stood on No. 61. Enoka occupied his piece. He built a house and put up a dividing fence between No. 62 and No. 63. He left his before I left mine. He left his house and fences. He left to go to Katihiku. He left me to take charge of it for him. He died not say anything about that land when he died. He was my cousin. His father was elder brother to my father. He left children who are living. One son named Moihi. I do not know whether Moihi claims his father’s land. I will call two witnesses to prove my statement to the court.

Tesed by Matene.

I and Enoka and Apiata my ‘teina’ put up the outer fences next to the road. Enoka put up the fence between No. 62 and 63. Hakaraia put up the back fence. He owned the piece on the other side. Enoka had his separate piece and I had mine. They were not both allotted to Enoka.

Te Kepa Keri Keri – witness for Manahi – Sworn.

I am of Ngatiraukawa. Live at Otaki. I recognize the land shown on the map. I was here at the time the allotments of the Otaki township was given to each man. Apiata hadthe outside piece and Manahi and he lived together. Apiata had a large house which was occupied by him and Manahi. I heard that Apiata and Manahi had portions and I saw them occupying and that is how I know that they had a portion. I did not hear the ‘panuitanga’ of the ‘whaka rite ritina’.

Pita Te Rakumia – witness for Manahi – Sworn.

I am of Ngatiraukawa. Live at Otaki. I know the land shown on the map and claimed by Matene. I did not see the cutting up of the town or the survey. I was at Porotawhao at the time. When I came here the town was occupied. I do not know in what year I came here. I had been here a long time. I knew Enoka Te Puehu. He was living when I came here; he was occupying a portion of the land claimed by Matene. I know Manahi and Apiata. They were living here when I came. They were occupying a portion at the south end of the block shown on the plan, the outside piece next to the road. They were occupying one house. Enoka occupied the next piece. He left it when we went to Katehiku. He left the house and fencing standing. Apiata and Manahi left later. They left their house and fence standing.

Manahi – addressed the court.

Claimed the portion occupied by him as the brother of Apiata who was dead. Did not claim Enoka’s piece but opposed ‘Matene’s claim to it.

This closed the case for Manahi.

Matene Te Whiwhi appeared and stated that he did not wish to press his claim against Manahi if the latter would come and occupy his portion.

The court advised the parties to confer together and endeavor to come to an understanding.

The question was then put whether there was any other opponent to Matene’s claim – none appeared.

The court adjourned to afford an opportunity for Matene and Manahi to confer together.

Court adjourned at 12.30 to 2 pm.

Court resumed at 2 pm.

Manahi appeared and stated that he had made an arrangement with Matene by which Matene waived his claim to Lot 61 and to part of 62 – Enoka’s.

Matene appeared and stated that he gave up lot 61 in favor of Manahi but still claimed No. 62.

Matene Te Whiwhi – Sworn.

There is a house on No. 62 built by Te Koroneho. I have occupied it. Koroneho is a ‘panonga’ of mine. I sent him to Enoka to ask permission to occupy and build upon it. After Enoka’s consent he put up the fence and built the house now standing. It was understood that the place was his (Koroneho’s) but as he was my ‘panonga’ I considered it as mine. Moihi is grown up. He lived with Enoka when he occupied the land. There were 4 allotments assigned to me at the first 65 to 68. I placed relations and dependents upon the land. They were living on my land. It was arranged that the whole 8 allotments should be assigned to my own special hapu Ngatihuia. I will call Paraone about No. 64. No. 65 became mine by Pene’s asking me for £4. I told him to go and catch one of my cows. I believe he did not get the cow but I considered it a bargain.

Arapeta Hauturu – Sworn.

Of Ngatiraukawa. Live at Otaki. I know the land. I occupied a portion of it (pointed out No. 67). I agree to Matene having a grant in his own name.

Te Koroneho Tapu – Sworn.

I am a Rangitane. I know the land shown on the map. I know the piece occupied by Enoka. That piece is mine and Matene’s. It was given by Enoka to me. Enoka said that Matene was to be the Rangatira of that piece and I to occupy it as a ‘kaimahi’. I consider that it belongs to Matene by the gift of Enoka. The house standing on it was built by me. Matene supplied the timber. I am a tenant of Matene’s.

Charles Godfrey Knight – Licensed surveyor – Sworn.

I surveyed the land the subject of this claim. The map before the court was made by me. I surveyed it at the instance of Matene Te Whiwhi. He pointed out the boundaries. The whole is enclosed within fences. There was no interruption to the survey. I have no claim on the natives for survey.

Tamihana Te Rauparaha – Sworn.

I am partly Ngatiraukawa and partly Ngatitoa. I live at Otaki. I know the township of Otaki as shown on the tracing before the court when the quarter acre lots were allotted to the Otaki people. Matene had a selection. It was in the year 1846 – 4 lots were selected by him – No. 65 to 68. The assent of all the Otaki natives had been given before this to the laying out of the township. The chiefs were Te Puke Kiharoa Te Ao, Te Kingi Hanita Te Ra Waraki, Mohi Te Wharewhiti, Hukiki – these were the old chiefs. The younger chiefs were myself, Matene, Hakaraia, Karanama Pairoroku, Te Mahia Te Mahauariki, Te Whatanui, all assented to the arrangement and the choice of the allotments was agreed to by all.

A surveyor was applied for to the government and one was sent. The town was laid out and a map prepared. After the map was made the people selected their pieces. I knew that the 4 allotments named were assigned to Matene because I saw that he fenced them in immediately.

Karanama Te Kapu Kai o Tu – Sworn.

Ngatiraukawa. Otaki. Corroborates statement that 4 quarter acre lots were assigned to Matene at the first occupation of the township. He is the owner. The occupiers of three of these lots are his ‘panonga’ and tenants of his.

Paraone Te Manuka – called – did not appear

Moihi Enoka – called – did not appear

Further hearing adjourned till tomorrow for further evidence and examination of Koroneho.

Taeuapirau – Wi Parata and others

Wi Parata appeared and stated that the land was a portion of land claimed by Captain Rhodes at Waikanae that he wished to bring it into court with a view of compelling Captain Rhodes to settle the matter which arose out of a claim to land alleged have been purchased before the coming of the government. Stated that the land had not been surveyed for his claim. Produced a tracing showing Captain Rhodes claim – 1415 acres on the north side of Waikanae river. Applied for adjournment to a future sitting of the court to pocure survey.

Hearing adjourned accordingly.

The court adjourned at 4.30 pm till tomorrow.

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