Thursday 12th March 1874
Place – the same Present – the same
Rangihiwinui
Nerehana said the division should be in two and not in three.
The court said that was its decision.
Kararaina said I expected one third of the land.
The court said they must agree and the original order for one memo of ownership must stand.
Wairarapa – continued
Matene Te Whiwhi – sworn
I see the tracing of the land. This is my land.
After Ngati Toa left Kapiti and come on to the mainland – some hapu’s of Ngati Raukawa were located at Te Rahui. Rahui is thus (Otaki), side of Wairarapa.
In the morning, Rangihaeata ordered certain houses at Rahui to be burnt. This was done. It was then a large meeting of Ngati Raukawa – upwards of 400.
We went to Rahui. Te Rauparaha stood up and said listen all Ngati Raukawa, the boundary is Otaki – Te Rahuia for Ngati Huia extending to the mountain. We then crossed over the river to Wairarapa. On our arrival there, Rangihaeata named the place Te Takapu for himself and Te Rauparaha. It was understood Ngati Raukawa were to be on this side and the other side to Kukutauaki for himself and Rangihaeata because the grandchildren of Te Kiripaeahi – sister of Te Rauparaha were killed at Waikanae and brought to the mouth of Otaki river and cooked in an oven and eaten.
That part there extending from the mountain to the sea was made sure to Te Rauparaha. After a resident of some time at Wairarapa – Tuiorau – a sister of Te Ak---- and aunt to Tamihana came to Wairarapa. Ngati Kikopiri hapu also came. Tuhourangi also their work was letting. They leased the landand caught kaka’s and birds which they gave to Te Rauparaha.
Afterwards, Rauparaha went to see Rangihaeata asking him to give his consent that certain totara trees might be cut down and made into canoes. The canoes were made and called Ahikakariki and Parinuiowhiti. There were two others called Waikahua and Waikatohu. One – Waikahua was given to Tararoa of Otakou. Taiaroa gave in return a mere pounamu called Tuhiwai. The mere was given by Te Rauparaha to ------ --- where he was captured.
The old rangatira of this land was called Kiore-a-Muaupoko. This man was captured and placed by Rangihaeata at Wairarapa to look after and take care of the land.
That old man lived there as directed and the grandfather of Kawana Hunia came. He had a desire for Kiore’s wife. Kiore was killed and the woman was taken away as his wife by this man.
Afterwards, I lived permanently at Otaki. Ngati Raukawa had not arrived. Then Ngati Raukawa arrived. Now came Haowhenua. The fights commenced between Ngati Awa and Kau---, Te Heuheu, Ngati Maniapoto and Waikato tribes also arrived at this time – fighting three months – peace was made and Ngati Raukawa returned to Mangatautari – Rauparaha accompanied Ngati Raukawa – his mind was dark. My mother Topiora also went. I also went.
A canoe went to Kapiti after we had gone. Rangihaeata, Tungia and all Ngati Toa heard of this. Rangihaeata and 30 others followed them. The canoe came in the night. At dawn of day they reached Ohau. Orders were then given by Rangihaeata and other chiefs.
Ngati Raukawa return – they returned and lived at Otaki. It was then that Ngati Raukawa dispersed and lived at Ohau and other places. I say that Hapi Te Horohau and his party must follow behind me. That is all I have to say in this.
Xed by Hapi
Do you dispute my authority on this land? Yes. I do. I am the rightful authority over that land.
Are you not aware that I am the person who has had the direction over this land? I don’t know you.
Are you not aware that I have occupied this land for 49 years? You are living without any right. When Tamihana went to England, I laid off a boundary between Waha-o-Temarangi and Wairarapa. This is a permanent boundary and I did not see Hapi there at the time.
Are you not aware that Piripi was the person who contended with Ngatipare about that boundary? Yes. I know Piripi, Ruapuia, Ururoa and Poria.
Pipi Kutia – sworn
I will relate the history of this land which Matene has omitted.
Any claim that Hape and his people may have to this land is through our (Tamehana’s) mother and they must follow behind us. The reason they occupied Wairarapa was because Rauparaha ordered them to make certain canoes. My uncle Te Huira was a clever man at carving. Rauparaha wished him to carve the canoes. The land was Rangihaeata’s. The canoes were finished and given to Rauparaha. Rangihaeata and Rauparaha lived peaceably. Any food that people got off the land was given to Te Rauparaha and not to anybody else. The foods preserved in calabash were given to Rauparaha and gave them to Rangihaeata.
At this time I was Rauparaha’s wife, also the Upokororo’s, the trout and the snared birds which were snared on the mountain were given to Te Rauparaha. Therefore I say, Ngati Pakau and Ngati Tuara have no right. The persons left by Te Rauparaha on this land are Poria Kawana, Ururoa and Piripi Te Rangiatatua. These were left in charge of the land.
Makaora Horohau was ---- the Arawa country and accompanied us in our first migration and took fight at Muaupoko and was back again. Makaora Horohau is Hape’s father. Rauparaha had no confidence in this man. Piripi was left at Wairarapa.
Rauparaha and Rangihaeata are dead.
All this land from Wairarapa to Kukutauaki was reserved by Rauparaha and Rangihaeata. The other part of the country was taken up by Ngati Raukawa. These people did not dare to deal with the totara trees on this land without the consent of Tamihana. Totara used in building the mill was consented to by Tamihana also for the church. These people made houses of the trees on this land and were paid by Te Rauparaha in foods. Up to this time Matene, Rauparaha, Rakapa and I have authority over this land although I am married to a man at Manawatu, I have authority over this land. I am old and grey head and I have told the truth.
Xed by Hape
Do you dispute my authority over this land? Yes.
Did Ururoa and Poria come together at the time of Tuhourangi? Yes. They were one they were all Ngati Raukawa.
Did not Rauparaha have authority over all the land? No. Part of it was Ngati Raukawa’s but his authority extended over this particular portion.
You said Tuhourangi Ngatituara obtained food fro Te Rauparaha? Yes. They were getting food and food was exchanged by Rauparaha.
You said we made canoes for Rauparaha? Yes.
Xed by the court
You said that these people were engaged by Rauparaha getting birds, fish etc, would they do that now? Yes but they would not do so now. A quarrel has taken place.
Tauroa cautioned to speak the truth.
I belong to Ngati Kikopiri.
I know about the land Wairarapa.
At the time of Haowhenua Horohau came – twenty years afterwards Hape came. I had possession of the land when Hape came. These canoes that I built were off this land. I made them.
My village is the bottom end of Wairarapa. The fences and houses are now standing there. I live in and occupy those houses. We were going to build a mill at Waimanu. We commenced the dam. There was a jealousy arose with Tamihana about this. He seized the planks and we gave up and we did not build the mill there. There was a dispute about Wairarapa.
Hakaraia was sent for. A boundary was laid off from Tarenuiauhiti along Wahanui o te Marangai to the mountain. This was laid off to establish a right to see if they would interfere with it but no fear – they would not. This boundary has never been disturbed. There is a Rimu tree – the boundary is so fine that they cannot snare birds on the branches that overhang it.
At Tuapaka there is a tree the boundary between us and Ngati Pare. Te Poria and I were the only persons who went to catch birds on this tree.
Xed by Hape
Are you not aware that Horohau came at the time the land was conquered? Yes. He came and became like a coward.
You say that is your land? Yes. Your father’s hands were not it.
Are Ngati Pare aware that this is your land? Yes. They do know.
You say you went to Tuapoka to pull up the food was not huia the principal man there? There were no principal men but Rauparaha.
Were not you and children expelled from that land? Do you think you were able to do that? No.
You said you had cultivations etc at Wairarapa. Is it true? Yes I have.
Court adjourned for an hour.
At 2 pm the court resumed.
Hoani Te Okoro – sworn
My claim is the same as Tamihana’s.
My title is through Te Rauparaha and my father who was a brother to Rauparaha – my claim is the same as Matene’s, Tamihana’s and Te Rangihaeata’s.
When we came here from Kawhia – the reason for our coming was to the near the pakeha’s --- were a new people. The descendants of Te Akau were killed in carving and making canoes – canoes were built and I went to the other island. The people who made these canoes were paid in fish and other things by Te Rauparaha. Te Rauparaha bartered with different people with these canoes for trade. Things we got off this land which are valued were fish and totara trees which were converted into canoes. Rauparaha had rightful ownership over this land because he used the waters at one end for fish and the trees at the other end for canoes. There was a great demand then for canoes by the people on the other side that travelled about a good deal by sea. Rauparaha always insisted on this land being his. Some of the pa tuna’s about the public house are still in the possession of Rauparaha. Ngati Huia has never had possession of them.
This is all I have to say.
Poria cautioned to speak the truth
I was ordered to go on this land by Te Rauparaha in years past. I have continued in occupation at Waihinau. I have houses and fencing standing of which I am in possession at the present time.
I use this land at the present time for obtaining food. Ururoa, myself and children. Ururoa lives there now. That is our permanent place of abode. The food growing there now – potatoes – were cultivated by my children.
I am moving about just now from one part of the country to another. I have left persons in charge. I move about at the request of Mr. McLean.
Tamihana Te Rauparaha said – he was unable to make a continuous statement and asked leave to read one – leave given – and given to understand distinctly that in the last case (Kukutauaki No. 1), Matene objected to his coming forward to make a statement.
This closed the case of counter claimants.
Hape Te Horohau said – these are my witnesses
Kipihana, Meretini, Arapere, Paramena, Hapi Te Horohau, Karipa
Kipihana Te Keho – sworn
My mother was a Ngati Tuara and my father Ngati Raukawa. I was born at Rotorua. I came here in 1838. I came to Wairarapa. I followed those of my tribe Ngati Tuara who preceded me. That was the reason I came.
The persons who came to Wairarapa were Te Huria, Te Tuahu and Te Horohau. Those persons came at the time the fighting was going on. They came together with Ngati Toa. Rauparaha never lived on this place Wairarapa. He lived at Kapiti that was his place also at the other side of the Straits.
My parents or the persons alluded to by me never saw Rauparaha at Wairarapa up to the time that I arrived and I never saw Rauparaha on the land. The period Ngati Raukawa arrived and occupied this land Wairarapa. He then came across from Kapiti, up to the time that our dispute commenced about this land. I am not aware that Rauparaha, Tamihana or Matene ever disputed the right of these hapus to locate on this ground.
Ururoa and his brother Poria, I know nothing of them. The principal owners on this land are Huirae and Horohau. When Ripia arrived this land had been cleared by Ngati Tuara. When they first lit their fires was at the other side of Wairarapa and Rahui – (place pointed out on this side of Otaki and not on the land in question).
The fence referred to by Ururoa was Tuhia’s and not Ururoa’s – (pointed out).
These cultivations near the river were Ngati Tuara’s, Ngati Pokau’s, and Ngati Tuhourangi. Ngati Tuhara and Tuhourangi have cultivations at Waihinaru – (points out) – Te Purakau (pointed out) is Ngati Tuara, Tuhouranga and Pokau.
Tamihana, Matene, Rakapa, Ururoa or Poria have no cultivations at this place. Waioteauru is a clearing of four. My parents have kindled fires at these places which have continued to burn up to this day.
My permanent place of abode on this block is at Wairarapa. I say that there are about 20 men living here now. Now the boundary between Wahaotene and Wairarapa – this is neither Ururoa’s nor Poria’s. It is mine and Te Waiharo’s and our different hapu’s.
The persons disputing this boundary with us are people of Ngati Pare.
Matene and other Ngati Raukawa chiefs went to try and conciliate these parties. We have cultivations on this boundary. I mean trees on which we snare birds. This boundary has been defined between us and Ngati Pare. Our old boundary wents in another direction across the map lately we have taken it in a straight line to Te Pukehinau. Pukehinau is included in Ngati Pare’s boundary. We allowed it to be so.
About the canoes – it was not by Rauparaha’s authority these canoes were built. He wanted them for his own use. The first canoe – the Ngati Tuara made was Te Ahikakariki. Rauparaha did not get this canoe. This is the canoe which converged – Ngati Tuara and Tuhourangi to Putiki Wharanui to fight. We had a fight. The persons who were killed were brought away in this canoe as food. We went in this canoe again to fight at Kaiapohia. It is not true what Matene and Tamihana said about this canoe. It was Ngati Tuara who went in it on all occasions.
Ngai Tahu were killed and the canoe came back and landed at Porirua and remained there. It was badly secured and broke adrift and was broken to pieces. We returned and remained permanently at Wairarapa up to this day.
Paramena – sworn
I am Ngati Pare.
I have a claim to the land outside this boundary in the Ngati Pare land. The land adjoining Ngati Pare’s land is Ngati Tuara’s and Tuhourangi. This boundary I point to was in dispute between us and Tuhourangi.
I had a place called Reretuaki near Tuapaka marked on the map. I cultivated food there. Te Huirae and Horohau heard of this. They came up there to wait for me. I got there and found they had pulled up my potatoes. There were two whole hapu’s came at that time, Ngati Pare and Ngati Ngaro. Tuapaka is a mountain. They quarrelled there. These hapu’s abandoned this place and altered the boundary to another place. This occurred after Haowhenua.
This boundary was fixed. The boundary shown on the plan had not then been laid off. After the Kuititanga – it was then that this boundary was laid off. These hapu’s then quarrelled about this piece. Hape sent a messenger to Otaki town. We then went to save those persons. We were accompanied by a large number of people of this village. Hakaraia and Matene were with them. We arrived there and this boundary was determined. I do not know that Matene has ever lived there. Ururoa is not on this boundary. I have never seen Ururoa on Wairarapa neither did Poria. The land of Ururoa and Poria is this sided of Otaki. Te Rahui is their land.
My cultivation now is at Waha o te Marangai. I have abandoned that at Tuapaka.
Court adjourned until 10 am tomorrow.
