Wednesday March 12th 1873
Place the Same
Present the Same
Tuwhakatupua
Tracing produced.
Ihakara Tukumaru - Sworn
I am chief of Ngatiraukawa and live at Manawatu. I see the map. The Ngatiwehiwehi a section N. Raukawa are here in this land (pointing to land within the boundaries). I laid off this boundary - pointing to one between N. Raukawa & N. Wehiwehi. The Rangitane have lived on this land as slaves of N. Raukawa.
Pitihira Te Kuru - Sworn
I am a chief of N'Raukawa and live at Tuwhakatupua. I see the map. One side of this boundary belongs to me - the other side to Rangitane and N Wehiwehi. I am of N. Turanga hapu. I do not know the divisions of Rangitane whose claims are admitted between the line and the River.
Reihana Te Piki - I do not understand a map
Reweti Te Kohu - Sworn
I belong to N'Wehiwehi and live at Waikawa - I know the piece of ......ound described on the plan. The boundaries begin at Tuwhakatupua in a straight line to Mangawharawhara turns and goes to Rotopiko in a straight line - thence it follows the Manawatu River to the commencing point. The Rangitane have claims on the land shown between the line and the Rive. Huria's section of Rangitane has claims outside the line. Hence joins in the claims of N. Raukawa. I have not seen any body beside Huru and his people outside the line.
This closes the case of the Applicants or Claimants.
Mr. Buckley now asked for an order to the N Raukawa as a Title for the land shown on the map with the exception of the pieces at Horowhenua and Tuwhakatupua which we admit to belong to Muaupoko and Rangitane in terms of the judgment and which have now been described.
Court adjourned until 2 pm. to consider the decision
The Court resumed at 2 pm.
The Court said that the application for a Certificate of Title had been considered.
The Court has considered the application of Counsel for the claimants for an Order in favor of the N. Raukawa tribe, for a Certificate of Title to the block claimed excluding certain portions. Tuwhakatupua and Horowhenua referred to in the judgment of the Court as accepted from the Block in which Sections of the N Raukawa Tribe are therein declared to have an interest. The excluded portions to be defined as shown in the sketches before the Court.
The Court does not see its way to make the Order asked for, as to do so would amount to a decision on ex parte evidence of the question of the boundaries of the land owned by Muaupoko at Horowhenua.
Under the peculiar circumstances of this case we do not consider that in the exercise of the discretion given to us by law we should be justified in making such an Order. We are preferred to make an Order in the terms of the Judgment already delivered but as such an Order must necessarily be to a certain extend indefinite we suggest to the Counsel for the claimants a course by the adoption of which the Court might be able to meet the wishes of the claimants by making a more definite Order - We propose that a portion of the Block should be excepted from the Order to be applied for namely that portion of the Block which will be included within a line drawn from the north of the Waiwiri Stream to Pukemoremore on the Tararua Range and a line drawn from Waingaio to Ngatokorua thence to the Pouotehuia thence in a line parallel with the South Boundary to Tararua Ranges.
In proposing that this block should be excluded from the Order for Certificate to be applied for we do not intend to indicate any opinion as the ownership of the excepted portion beyond that exp.....sed in the judgment already given nor is it our intention by the lines proposed to be drawn to fix the boundaries of the land owned by Muaupoko. Our object is merely to except such a portion of the Block as will include all the land in respect of which we think the Muaupoko may yet be heard as claimants.
If the Counsel for claimants will accept the suggestion of the Court and ask for an Order for Certificate for the Block excepting that portion we propose to exclude the Court will be prepared to make such Order.
Mr. Buckley said, on behalf of my clients I accept the suggestion of the Court, on the understanding that the excepted lands are Title to be considered as Native Lands and that my clients may contest the Title to thence at any future period whenever they may come before the Court.
Tuwhakatupua
Wi Tamehana Te Weke said
I represent Ngatiawa and I agree to the terms on which the Court has decided to issue a Certificate of Title in the matter of the Kukutauaki Block as applied for by Mr. Buckley - our solicitor.
Tamihana Te Raupraha said
My opinion is that there should be three orders - the tribes are of the same opinion as I am.
Rakapa Kalhoki
I am a sister to Watene Te Whiwhi, chief of the Ngatitoa Tribe residing at Otaki. I belong to Ngatitoa.
Tamehana Rauparaha said
It is clear to my mind that if the Order for a Certificate under which we can have permission to prove our separate claims is made that all my objections are met or removed.
Major Keepa said
I am clear as to the boundaries of the land to be included in the Certificate of Title in favor of Ngatiraukawa and others and also the boundaries of the lands excluded under the judgment of the 4th instant.
In the matter of the claim of Akapita Te Teue and others a block of land on the South bank of the Manawatu River containing by estimation and known as the Manawatu Kukutauaki Block. It was Ordered that the Title of the Ngatiraukawa tribe now resident thereon to the said Block excepting certain portions has been proved and that the resident hapus of the said tribe are the owners thereof. According to Native Custom subject to such rights and interests therein as the Ngatiawa and Ngatitoa Tribes may hereafter establish.
The portions referred to herein as excepted are
- Lands included therein held under Grant from the Crown
- Land included therein in respect of which Certificates of Title have been already ordered by the Court
- That portion of the Block which lies between a line drawn from the mouth of the Waiwiri Stream, to Pukemoremore on the Tararua Range and a line drawn from Waingaio to Ngatokorua thence to the Pouotehuia thence in a line parallel with the South boundary to Tararua Range
Boundaries of the Manawatu Kukutauaki Block
Bounded towards the West by the sea from high water mark on the South Bank of the Manawatu River and at its mouth to the Kukutauaki Stream towards the South by a line bearing due east by compass to the Tararua Range towards the east by the watershed of the Tararua Range aforesaid to Arawaru and towards the north by the Ahuaturanga Block to Mangawharawhua by a line thence to Tuwhakatupua on the Manawatu River and thence by the said Manawatu River to the commencing point.