Otaki Maori Land Court Minutebook - 21 October 1881.
- Description
Friday 21st October 1881
Place – the same Present – the same
59 Pukehou No. 4
Government claim 926 acres – 0 - 1 Perch
Mr Booth appeared on behalf of the crown and stated to the court that an order of the portion containing a926 – r0 – p1 of the above named block to be awarded in favourt of Eru Tahitangata in order to facilitate the sale to the crown.
Enoka Te Wano said the case was called on yesterday and it was adjourned in order that they might come to a mutual concurrence I therefore object to the award to Eru Tahitangata as we have not agreed as to the subdivision of the block.
Pape Ranapiri said that he also opposed he was only in favourt of each one having only one interest.
Hema Te Ao concurred with what was stated by Pape.
The natives not being able to agree in court the court considered and further adjourned the case to allow the natives to settle among themselves as to the subdivision of the block.
(See pages 208, 239 & 244).
204 Pukehou No. 5A – W.D 192A – 4969
Claim of Enereta Te Rangiotu and others for (Subd).
Mr MacDonald appeared on behalf of Renau Te Wharepakaru and E. Te Rangiotu
Mr Booth on behalf of the crown
James booth – sworn
I am acting Land Purchaser for the crown. I was District Officer for this district. I produce deed of purchase of this block. I bought personally from the owners deed produced – 12th September 1878.
It would be my duty to thoroughly explain to the natives my transactions in purchases. It was specially understood that eleven persons who did not receive any of the purchase money should have reserves cut out of the block for them.
The reason why the whole eleven were not included in the deed was that Renau and others agreed that only two names should be entered therein. List of the eleven persons handed into court by Mr MacDonald (viz Renao te Wharepakaru, Enereta Te Rangiotu, Te Ara Takana, erana Tuporo, Hoeta Te Kahuhu, Hepi Te Wheoro, Te Wani Turanga, Piripi Te Ari, Arapere Te Rangiotu, Hemi te Rangiotu and Enea Heni)
All the persons who signed the deed were aware at the time that the purchase was fro 3400 acres.
Renau Te Wharepakaru – sworn
I live at Otaki. I belong to Ngati Kauwhata hapu of Raukawa.
I know the piece under investigation we have sold the eastern part to the crown. Our hapu were all present at the meeting, you were also present, the part reserved was for the eleven persons because they did not wish to sell their interest or take any of the money.
I wish the certificate to be issued in favour of those eleven persons. The names in the list given in are the names of the eleven persons.
I know the deed produced before the court. The gist of the deed conveyed 3400 acres to the crown and 2200 acres to be awarded to the eleven persons as a reserve.
Objectors challenged – none appeared.
Ordered
Mr Booth applied fro the remainder of the block containing 3400 acres be awarded to the crown.
Objectors challenged – none appeared
Ordered
Pukehou No. 5A
The court finds that her majesty has acquired an absolute estate of inheritance in the piece of land before described part of the Pukehou No. 5A block and doth hereby declare that the same is the propery of Her Majesty.
Fees charged
Certificate - £1.0.0 Order - £1.0.0 Total - £2.0.0
Pukehou No. 5A No. 1
Ordered that the names of
Renao te Wharepakaru, Enereta Te Rangiotu, Te Ara Takana, Erana Tuporo, Hoeta Te Kahuhui, Hepi Te Wheoro, Te Wani Turanga, Piripi Te Ari, Arapera Te Rangiotu, Heni Te Rangiotu and Ema Heni
Be entered in the register as owners according to Native Custom of the above named Block.
Fees charged
Certificate - £1.0.0 Order - £1.0.0 Total - £2.0.0
58 Ngakaroro No. 1A (continued from 95)
Mr Booth appeared on behalf of the crown and applied for an order to be awarded to the crown fro this block deed of conveyance produced 36 grantees, 24 of the same having sold to the crown their interests. Each individual share in this block is 123 acres and fro the 24 of those who have sold the area of 2952 acres.
I make application fro that area 2952 acres to be awarded to the crown – Deed – 11th October 1876.
Dr Buller appeared on behalf of Hemi Kuti and said that he was agreeable to the subdivision.
Tatana appeared on behalf of Moroati Kiharoa and stated that Te Moroati did not agree to sell his land to the crown.
Mr MacDonald appeared on behalf of Mere Kaumatua and others and stated that if the boundaries were according to the original map (Fiddlestring) he would be satisfied.
Moroati Kiharoa stated that he was not in favour of the application of Mr Booth that the land was his only.
I contend that the sale of this land was wrong that it was not right for young people to sell as some of the owners are minors therefore that sale was invalid. I informed Mr Booth not to purchase the land until we all had a meeting.
Mr Booth said he bought the interests of people in the certificate who wished to sell and he did not wish to interfere with the no sellers and objected to their interfering.
Moroati Kiharoa – sworn
I live at Manawatu. I belong to Ngati Pare hapu of Raukawa.
I know the piece now before the court.
Xed by Tatana
The mana of this land formerly belonged to my parents. It belongs to me at present.
This land was awarded to Ngati Pare. I am the only surviving elder of the Ngati Pare.
Other people who were admitted by me into this piece had no other interest in it. I admitted them through aroha. I know the eight owners of this block and also the disinterested ones. The right owners are the Ngati Pare. Those who have no interest belong to Ngati Whakatere and other hapu’s that is the reason I apply to have the sole arrangement of the piece.
I objected to Mr Booth’s purchase of this block prior to the present time I have more interest in this piece than the other owners, that is myself and hapu, the Ngati Huia are the people I oppose on this piece, Ngati Whakatere did not come and oppose Ngati Huia. It was only I who opposed them, I succeeded in keeping this land.
Xed by Mr Booth
I was present when the judgement of the court was given for this block. I heard the names of Hoani Taipua and others read and entered in the certificate. I did not object to the ten names. If 7 out of the 10 have sold their, interest I would have certainty objected to their doing so I did not state to the court at that time that I was the principal owner.
Re-exed by Tatana
I did not hear the names in the certificate read out in court at that time and I am not aware that anyone would object to my statement.
By the court
Hoani Taipua, Kipa Te Whatanui, Moroati Kiharoa, Karaitiana te Tupe, Matenga Moroati, Putu Moroati and others have interests in this block excepting Hemi Kuti, Wirihana te Ahuta, Wi Katene te Puoho, Arapere Tukuwhare, Epiha te Ruinui, Tipene Wahapiro and Wi Katene Wahapiro who were admitted by me through aroha..
Pienaha Mahauariki – sworn
I live at Wairarapa. I belong to Ngati Pare hapu of Raukawa.
I know the piece under investigation. I confirm what Moroati has stated.
Mr Booth
I am one of the owners. I have sold my interest to the crown. I did not sell out at that time that held a smaller interest than Te Moroati. I never heard any of the others state that Te Moroati had a larger share than they had.
I have it entirely to the court to decide what Te Moroati ought to get of this land.
Re-xed by Tatana
We did write a document dated 24 August 1880, agreeing to --- a part of this block fro the no sellers, that is to say for Moroati and others it was signed by 20 of us.
My opinion is that the Ngati Whakatere and Ngati Tama would have a small interest perhaps none at all that is according to Maori customs.
Moroati’s case closed.
Mr Booth addressed the court.
Case adjourned temporarily (see page 248).
196 Te Rahui – Plan 4506
Claim of Hera Tuhangahanga and another for (subd) – Plan produced
Hapeta Rangikatukua – sworn
I live at Otaki. I belong to Ngati Kikopiri hapu of Raukawa.
I apply for a subdivision of this block containing 10 acres to be awarded to Ururoa Ripia.
The other parties concerned agreed to this being done.
Objectors challenged – none appeared.
Ordered that the name of
Ururoa Ripia
Be entered in the register as owner according to native custom of Rahui No. 2 containing 10 acres. The remainder of the block to be awarded to the other owners, viz
Arama Kareka, Heni Te Tae, Hapeta Te Rangikatukua, Hona Taupo, Arapera Te Unu, Piwiki Te Horohau Hakopera, Adam Brightwell, George Brightwell, Alice Lucy Brightwell and Bramley Brightwell.
Fees charged
Certificate - £1.0.0 Order - £1.0.0 Total - £2.0.0
Te Rahui No. 2
Ordered that the name of
Ururoa Ripia
Be entered in the register as owner according to native custom of the above named block.
Te Rahui No. 1
Ordered that the names of
Arama Karaka, Heni Te Rae (alias Heni Te Rei), Hapeta te Rangikatukua, Hona Taupo, Arapera Te Umu, Piwiki Te Horohau, Hakopera, Adam Brightwell, George Brightwell, Alice Lucy Brightwell and Bramley Brightwell
Be entered in the register as owners according to native custom of the above named block.
(See page 223).
Fees charged
Certificate - £1.0.0 Order - £1.0.0 Total - £2.0.0
227 Ngakaroro No. 3
Dr Buller handed to the court a list of names shutting out the 16 names of the Ngati Kauwhata.
Mr MacDonald called evidence t oshow these persons have a right.
Hema Te Ao – sworn
I live at Otaki. I belong to Ngati Pare hapu of Raukawa.
I was present at the investigations of all the lands in the Otaki district. I was present at the investigation of a block called Ngakaroro No. 2F was awarded to Ngati Huia as representative of certain other hapu’s, it was a matter of arrangement that these hapu’s Ngati Kauwhata and Ngati Turanga should appear as Ngati Huia – the Ngati Pare and Ngati Pare Kowhatu being their opponents that arrangement was made in – Renao’s house and a member of the Ngati Huia Hapi te Rangi te Whata was appointed to conduct the case.
I did not understand that the order of the court for Ngakaroro No. 2F to Ngati Huia would exclude the 16 persons of Ngati Kauwhata who had been parties to the arrangement spoken of by the witness.
I did not understand that the order of the court would exclude the Ngati Kauwhata from Ngakaroro No. 3.
The Ngati Kauwhata owned the part called Paotaonui in the plan of Ngakaroro No. 2F – they also had cultivations at Waitahake which was given to Renao’s father by a Ngati Toa chief – Ropata Hurumutu.
I believe they were admitted into the list of names of Ngakaroro No. 2F.
They have a very large claim to No. 3. I know Mere Kaumatua she lives at Mangaone in No. 3, she has been living there with her relatives. I have seen them living there since 1839 – it was not by the leave of the Ngati Huia that they lived there.
Ngati Kauwhata and Te Puke lived there it was theirs when they lived there it would not be proper according to native custom that they should be disallowed in Ngakaroro 2F because they had cultivations there.
Xed by Dr Buller
I am not certain if Waitaheke is in No. 2F or in No. 5 – the Mangaaone which I mention is the stream shown on the plan at the southern part of the block No. 3.
Renau Te Wharepakaru – sworn
I live at Manawatu. I belong to Ngati Kauwhata hapu of Raukawa.
I know the Pao Taonui it was a cultivations of Ngati Tama formerly, afterward the Ngati Pare and Ngati Kauwhata took possession of it, the first meeting was held at Hapi’s house the second at my house, I was present at the meeting where it was agreed that we the Ngati Kauwhata should be included in the Ngati Huia, this was prior to the sittings of the N. L. Court, I did not consent to Hapi conducting the case we wished to do so ourselves.
Afterwards at a meeting at Raukawa it was agreed that Hapi should conduct the case for the invited hapu’s, it was agreed to prior to the hearing of the case by the N. L. C. Court.
I have cultivations in No. 3. I have been here since my childhood it was not through aroha of the Ngati Huia but through my own right.
Xed by Dr Buller
My right claim is in No. 3. It was not I who put my name in No. 2F.
Mr McKonald said he withdrew on behalf of Renau and his family their claim to No. 2F beyond their share in the 16 acres agreed upon in that block and their share of 359 acres as proposed to be located in No. 3 by way of equivalent or their vacation of No. 2F such family consulting of the following
Renao te Wharepakaru, Ihaka Renao, Kooro Renao aka Renao Hanita Renao and Haimona Renao.
Renao xed by Dr Buller
I agreed before the case came into the court to have the 16 names of the Ngati Kauwhata taken out of No. 2F and located in No. 3. I know Mangaaone. It belongs to us Ngati Kauwhata. Our title is undisputed by the other hapu’s, these 16 have all interest down to Taranaki on the boundary of No. 3 and No. 5. I had nothing to do with the giving in of the list of names but I heard it read out.
Mere Kaumatua – sworn
I live at Otaki. I belong to Ngati Kauwhata hapu of Raukawa.
I was here at the time this case was heard by the N. L. Court. I was not present at the meeting of Ngati Kauwhata and Ngati Huia. I did not have any person to appear on my behalf at that meeting. I left it all to Renao to manage.
I am now living at Mangaane. I have been living there with my parents and ever since they died, I lived there through my own right and not through Ngati Huia aroha, I have no other land, but I have from Ngati Kauwhata No. 3 down to the south boundary of No. 2. I do not understand maps but I can point out the boundaries to the court if the court comes on to the land. I have 2 children living and five dead.
I know Erana Tuporo, she is my cousin, she has an interest in this block same as mine whe has five or six children alive, her right is the same as mine her boundaries are the same as mine.
I know Hori Te Matakahu he has a right but not equal to mine.
I know Mohi Enoka he is a principal man on this block but he has left this about 3 years ago.
Xed by Dr Buller
Stated he would call some of his witnesses to rebut this evidence given by Mr MacDonald’s clients.
The court stated that is now past five o’clock and a number of the witnesses being absent they considered that it would be advisable to adjourn the case till tomorrow at 10 am.
The court adjourned accordingly.
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