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4 April 1873

Friday April 4^th 1873

Foxton

Place - the same Present – the same

Horowhenua – Continued

Kohua Te Riunui – sworn

I am a Ngati Raukawa and live at Porotawhao. I know Ngamana and Ngatokonua.

That boundary was laid off in 1858. The Kanihakewa’s were Peeti Te Aweawe, Rawiri and Ngatuere. This was the first laying off.

The second laying off of this boundary – Peeti and several others were present and the Rangitane tribe. There were 200 of Raukawa.

At a later period, Muaupoko have interfered relative to this boundary. Ngati Raukawa surveyed first then Muaupoko surveyed and then the pole was burnt - a Ngamana.

At the first meeting Peeti was between Ngati Huia and Muaupoko. I have a paper relative to it – put in – and read. I wrote that at the time. That line was agreed upon between Ngati Huia and Muaupoko then. Muaupoko have not sold that piece of land since then, only NHuia have used it. The commencement of their occupation was in the ----- .

Tawhitikuri and Tauateruru line I know I saw the laying off of that boundary by Whatanui Taueki and other Muaupoko chiefs were present and offered no objection. The first time they attempted to chaos that hui was after Whatanui’s death. From Hokio to Waiwiri – excepting Kohuturoa. The Muaupoko have not occupied since that line was fixed. They were placed at Otaewa by Whatanui 2^nd Tahuri . I have not been to see if they are there now. Raukawa have occupied this land since Whatanui.

Watene Te Waewae – sworn

I am a Ngati Parewahawaha and Ngati Raukawa and live at Horowhenua. I have lived there 26 years.

When I went there to live, Ngati Raukawa were in possession – Whatanui’s hapu. The Muaupoko were then living on the north of Tauateruru. No Muaupoko lived on the south of that line. I heard of that line being laid off. I only found Taueki and Whatanui in possession. I have lived there ever since. I do not about my being driven away by Whatanui. I went to Heretaunga of my own accord.

Muaupoko lived and cultivated on the north of the line from ----. On the south of that line they asked and got the consent of Whatanui to cultivate at Otaewa. That is the only place I know they had consent of. They do cultivate there at the present time. We have no how to prevent them there.

Between Hokio and Waiwiri there are no other Muaupoko cultivation than Otaewa. That is the only one I have seen or know about.

I went to Kohuturoa to cultivate because it is my permanent place of abode since the second Whatanui. I know Tamati Maunu. He is at Kohuturoa by gift of Whatanui - Nepia, Puruho and also Pomare. Pomare claims like me through Whatanui.

There are two pa tunas of Muaupoko which they brought from Whatanui for money. Pokahia is one, Tonganui is another. The pas given them, no right to the land. Had they any right to the land they would not have bought the pas.

Waiturri, Tahina, Teterangi and other places on the lake are not cultivated by Muaupoko. They have no cultivation there – that’s Whatanui’s.

I do not know of any cultivation of theirs at Weraroa. There is none there. It is stoney and cannot be cultivated. Ngati Raukawa have horses, cattle, sheep and pigs running on this land. They have not reached up inland. What are there have come from Otaki. Muaupoko have not driven our stock off. They only commenced at the time of Kupe when my houses were burnt. Kupe was built in 1870. We did not interfere with Kupe because of the governments. Our desire was to burn it. Yes we would have burnt it and fought about it. Mr. Clarke came to me and it was because of him that we did not have revenge for the burning of my houses.

I wanted the houses to be investigated. He said let the claim to the land be first decided. Nicholson had a lease of land at Waiwiri from Ngati Raukawa. In 1867, it commenced. The northern boundary of the lease did not come on this land. It went towards Ohau. We leased some of this land to H. McDonald. Whatanui and I leased it. It was from Tawhitikuri to Waiwiri. I brought McDonald from Otaki. Nobody disturbed him then.

From the time of Whatanui I to W. II they lived peaceably with Muaupoko. Any fights they had were obtained from Whatanui. They lived peaceably so until the time of Whatanui Tutaki.

After Whatanui died in 1869 then commenced the disturbance when Swainson began the survey of the land. Then began Kupe. The disturbance began with Kemp and Hunia at Whanganui. Muaupoko drove the sheep of Hector’s on to their own land from this. Hector leases a piece of land from Muaupoko.

There have been 2 lease makings here. The first one 1857 was no raruraru. The second was in 1871. This is the lease referred to as the one torn up. Ngati Raukawa have cultivations at Mahoenui. Old Whatanui had cultivations on one side Te Paea on the other. These are all I know about.

The land between the lakes and the sea was formerly cultivated but now it is not.

Xd by Mr. Cash

Did Muaupoko ever own any land between the line at Tauateruru and that of Kohuturoa? No.

Did you ever obtain any land from Muaupoko at Raumatangi? There was no giving ------ but may have been to Whatanui.

Was any land ever laid off for you by Muaupoko at Raumatangi? No.

Xed by Mr. Buckley

Were they in a position to give you any land? No, what they wanted they had to ask Whatanui for.

Na Wiki Tauteka – declares.

I am the wife of Matene Te Whiwhi. I know the land before the court. I am a granddaughter of Whatanui’s. I had lived at Horowhenua from my childhood up to my womanhood. I was living there at the death of Whatanui I. I was his child (his grandchild). I did not see Muaupoko at that time.

When I did see them, they came to work for Whatanui and then returned to their own places. When they came, it was from no rights of their own and the cultivation at Kohuturoa. I did not see Muaupoko there or at Tatearero or Teterangi. I was then grown up – a big woman. The places I have named are Ngati Raukawa’s only up to Otaewa. I never saw them. Whareariki asked leave from Whatanui Tahuri to be allowed to cultivate at Otaewa. She was the mother of Kawana Hunia. It was only a right to cultivate. The 2 Pa tuna’s were ------ by them. Hanita bought Pukahu. He is a relative of Kawana Hunia’s.

No trouble began until the time of me and sister. It began not with Muaupoko but between herself and Hector McDonald. Whatanui had the right to this land Muaupoko had. That is why I had nothing to say with Muaupoko and the trouble began with McDonald and me. I thought as me and my sister were the only descendants alive of Whatanui, that I was the person to lease the land.

Pomare was at the B of S.G co. Our parent Watene had gone to see his mother at Heretaunga. Hector did not agree to my speech. He wanted to treat with Rina – Whatanui’s widow. I did not agree. The first lease I had – Roera friend with McDonald and Riria. I did not approve. Roera after this destroyed the lease. We then came to McDonald who was obstinate and Karamu and I came to Horowhenua where we found McDonald putting up a new fence. Kararaina pulled it down. Then Muaupoko interfered for the first time. Muaupoko then said we do not approve of your representing Whatanui. Riria should. We did not listen to their word. We persisted and next morning we drove the sheep away to the sea beach not to Muaupoko since we did not care whether they lived or not. There had been an arrangement with McDonald and Muaupoko that Riria should represent Whatanui.

We afterwards returned to Otaki. Roera informed Dr. Featherston by letter that the pakeha at Horowhenua was being disturbed by her. Dr. Featherston wrote to Matene telling him to restrain his wife. I had a letter too. I did not listen. I said I would burn McDonald’s house down. Dr. Featherston promised that Mr. Richmond should see into this matter. He came to Otaki. Ngati Raukawa were there in great numbers. They met at Katihuku. McDonald was present. Knocks was interpreter. I told them I was granddaughter of Whatanui. I was then asked who I approved of as the head of this land at Horowhenua. I said I was. He asked me if I would not allow the land to be surveyed and investigated.

Mr. Richmond said he would send a surveyor. I consented – next Monday. Mr. Richmond and Karanama visited this land. He returned and said after he had conferred with Pomare. With his consent he would send a surveyor. I waited a long time and then sent my own surveyor – Mr. Swainson. Mr. Swainson came to Otaki where we made an arrangement in the presence of Dr. Hewson. This was when the Duke of Edinburough was at Wellington. We went to survey the land with Swainson and then Muaupoko for the first time disturbed us. Riria was with Muaupoko. Muaupoko said let Pomare be the head of this land and not you – not Riria. We surveyed the land. I knew that before this, there was no disturbance – up only in my time the troubles commenced.

I afterward went to Wellington where I met Kawana Hunia. He asked me to let him a place a burial ground at Raumatangi. I would not consent. I said trouble would arise. Kawana wanted this place to build a house for myself and Hunia. I did not consent.

We returned together to Otaki and thence to Rangitikei. Shortly after that Kupe was built. Kawana invited a number of tribes – Ngati Kahungunu and others to Kupe to adjudicate on their dispute. Ngati Awa was there. They assembled at Horowhenua and investigated and Ngati Kahungunu and Ngati Awa saw the wrong of Muaupoko. Pomare arrived at that time. Kawana Hunia proposes to hold another meeting at Waikanae. Some people came but Kawana himself did not come.

Watene went to that meeting and Wi Pomaru too. I was not there. The result was that it was not Muaupoko’s. It was the descendants of Whatanui.

After the survey by Swainson I sent an application to the court for the investigation of the title. The court at Otaki - Horowhenua was the first claim called and the application of Wi Pomaru. The case was dismissed to permit the question to be further settled amongst ourselves. We consented.

After that, Muaupoko asserted claims to the land. We went to see Muaupoko in consequence of the suggestion by them that Pomare should represent Whatanui. On meeting Muaupoko they said they would deal with the land themselves. Pomare did not consent and we returned to Porotawhao. I got my land surveyed lately by the government from Tauwhitikuri to Rakauhamana in straight lines to Tararua.

In the one made by Swainson I did not accompany him this first time. I did the second survey. There were no marks on the ground. My boundaries were natural ones. I received this land from my ancestors who told me the boundaries. I lived on this land with my first husband. I have cultivated at Ohaeawai, Titerangi, Kohuturoa, Taumata and Tatearero. I did not work with y own hands. I was there as a visitor. My slaves worked for me. They were Ngati Kahungunu.

Muaupoko never disturbed us until the time of the survey. My mother and Watene got the rents of Hector McDonald. I married Watene and left.

Merehana Te Paea – sworn

I am a Ngati Raukawa and live at Waiwiri.

I know the land before the court from Tawhitikuri to Waiwiri. It belongs to Ngati Raukawa. I have cultivations on that land at Mahoenui now. Muaupoko have no cultivations there.

Whatanui had cultivations on one side and my father on the other side between Waiwiri and Mahoenui. There are no Muaupoko cultivations. I know of some of this inland of Mahoenui. They have none there. They have none from Mahoenui to the beach. I do not see them going there to catch fish. I have cows, horses and pigs running on this land between Mahoenui to Waiwiri. I live at the Waiwiri stream. My cattle, horses and pigs seen on the north side of the stream and they have never been disturbed by Muaupoko. I have a house at Mahoenui.

Xd by Mr. Cash

Do the horses, cows and pigs running on this land belong to you? Yes. I could have shown you my brand.

Are they all branded? Cows are ear marked. Horses are branded. I have some horses and my brother in law has 3. I have 5 cows. I had when my pigs were tame 100 about 5 years ago. I saw them a short time before coming to the court.

When the cattle were driven off by Muaupoko were your cattle and pigs there then? I did not see the driving of Muaupoko. I have seen McDonald’s sheep and cattle with cause they ran together with mine. They are there now. They have not been driven off. I have not driven them away and nobody else would.

Adjourned until 2 pm.

At 2 pm the court resumed.

Horomona Toremi – sworn

I am a Ngati Raukawa and live at Otaki.

I know the land described on the plan before the court. I know from Rakauhamana to Mahoenui and to Tararua which I claim. This is mine now. I and the children of Te Paea claim it. Te Whatanui I and Te Paea had a boundary here to the south for Te Paea to the north for Whatanui. It is a boundary for us Ngatiraukawa and for Muaupoko at Tauateruru on the other side - the piece between Waiwiri and Rakauhamana. The houses on this piece referred to by a previous witness, as for the eel baskets – they are mine and I built those houses myself. This piece of land is where Muaupoko came to burn the seed of my younger brother up to Mahoenui. I have not seen Muaupoko on this portion of the block. Since the distruction by Muaupoko, Nerehanara and my young people have cultivated here. Muaupoko have no plantations on this portion. Perhaps their ancestors did but I am on the land.

Between Rakauhamana and Hokio or Tauateruru and Mahoenui – I have no interest in these portions. That’s Whatanui’s – he was a great man.

I don’t know about the boundary at Tawhitikuri and Tauateruru. I have heard about the cattle Nerehanara spoke of you have heard our old woman Poha has charge of these. She lives at Waiwiri.

Xd by Mr. Cash

The cattle spoken of by the last witness are owned by you and him? None of them belong to me. They are Nerehanara’s only.

Where are the cultivations you spoke of as made by Nerehanara and the young people? In the olden times at Mahoenui, now at Mahoenui and southern side of Waiwiri.

Where are the houses you spoke of? They are at a place called Whakamangariki on the Waiwiri stream.

Xd by Mr. Buckley

Do you mean by principal places, the places where you are living? Yes.

This closed the claimant’s case.

Counsel addressed the court for counter claimants and claimants and the court then adjourned until 10 am tomorrow.

Na Wiki Tauteka – declares.

I am the wife of Matene Te Whiwhi. I know the land before the court. I am a granddaughter of Whatanui’s. I had lived at Horowhenua from my childhood up to my womanhood. I was living there at the death of Whatanui I. I was his child (his grandchild). I did not see Muaupoko at that time.

When I did see them, they came to work for Whatanui and then returned to their own places. When they came, it was from no rights of their own and the cultivation at Kohuturoa. I did not see Muaupoko there or at Tatearero or Teterangi. I was then grown up – a big woman. The places I have named are Ngatiraukawa’s only up to Otaewa. I never saw them. Whareariki asked leave from Whatanui Tahuri to be allowed to cultivate at Otaewa. She was the mother of Kawana Hunia. It was only a right to cultivate. The 2 Pa tuna’s were ------ by them. Hanita bought Pukahu. He is a relative of Kawana Hunia’s.

No trouble began until the time of me and sister. It began not with Muaupoko but between herself and Hector McDonald. Whatanui had the right to this land Muaupoko had. That is why I had nothing to say with Muaupoko and the trouble began with McDonald and me. I thought as me and my sister were the only descendants alive of Whatanui, that I was the person to lease the land.

Pomare was at the B of S.G co. Our parent Watene had gone to see his mother at Heretaunga. Hector did not agree to my speech. He wanted to treat with Rina – Whatanui’s widow. I did not agree. The first lease I had – Roera friend with McDonald and Riria. I did not approve. Roera after this destroyed the lease. We then came to McDonald who was obstinate and Karamu and I came to Horowhenua where we found McDonald putting up a new fence. Kararaina pulled it down. Then Muaupoko interfered for the first time. Muaupoko then said we do not approve of your representing Whatanui. Riria should. We did not listen to their word. We persisted and next morning we drove the sheep away to the sea beach not to Muaupoko since we did not care whether they lived or not. There had been an arrangement with McDonald and Muaupoko that Riria should represent Whatanui.

We afterwards returned to Otaki. Roera informed Dr. Featherston by letter that the pakeha at Horowhenua was being disturbed by her. Dr. Featherston wrote to Matene telling him to restrain his wife. I had a letter too. I did not listen. I said I would burn McDonald’s house down. Dr. Featherston promised that Mr. Richmond should see into this matter. He came to Otaki. Ngatiraukawa were there in great numbers. They met at Katihuku. McDonald was present. Knocks was interpreter. I told them I was granddaughter of Whatanui. I was then asked who I approved of as the head of this land at Horowhenua. I said I was. He asked me if I would not allow the land to be surveyed and investigated.

Mr. Richmond said he would send a surveyor. I consented – next Monday. Mr. Richmond and Karanama visited this land. He returned and said after he had conferred with Pomare. With his consent he would send a surveyor. I waited a long time and then sent my own surveyor – Mr. Swainson. Mr. Swainson came to Otaki where we made an arrangement in the presence of Dr. Hewson. This was when the Duke of Edinburough was at Wellington. We went to survey the land with Swainson and then Muaupoko for the first time disturbed us. Riria was with Muaupoko. Muaupoko said let Pomare be the head of this land and not you – not Riria. We surveyed the land. I knew that before this, there was no disturbance – up only in my time the troubles commenced.

I afterward went to Wellington where I met Kawana Hunia. He asked me to let him a place a burial ground at Raumatangi. I would not consent. I said trouble would arise. Kawana wanted this place to build a house for myself and Hunia. I did not consent.

We returned together to Otaki and thence to Rangitikei. Shortly after that Kupe was built. Kawana invited a number of tribes – Nkahungungu and others to Kupe to adjudicate on their dispute. Ngatiawa was there. They assembled at Horowhenua and investigated and NKahungungu and Ngatiawa saw the wrong of Muaupoko. Pomare arrived at that time. Kawana Hunia proposes to hold another meeting at Waikanae. Some people came but Kawana himself did not come.

Watene went to that meeting and Wi Pomaru too. I was not there. The result was that it was not Muaupoko’s. It was the descendants of Whatanui.

After the survey by Swainson I sent an application to the court for the investigation of the title. The court at Otaki - Horowhenua was the first claim called and the application of Wi Pomaru. The case was dismissed to permit the question to be further settled amongst ourselves. We consented.

After that, Muaupoko asserted claims to the land. We went to see Muaupoko in consequence of the suggestion by them that Pomare should represent Whatanui. On meeting Muaupoko they said they would deal with the land themselves. Pomare did not consent and we returned to Porotawhao. I got my land surveyed lately by the government from Tauwhitikuri to Rakauhamana in straight lines to Tararua.

In the one made by Swainson I did not accompany him this first time. I did the second survey. There were no marks on the ground. My boundaries were natural ones. I received this land from my ancestors who told me the boundaries. I lived on this land with my first husband. I have cultivated at Ohaeawai, Titerangi, Kohuturoa, Taumata and Tatearero. I did not work with y own hands. I was there as a visitor. My slaves worked for me. They were NKahungungu.

Muaupoko never disturbed us until the time of the survey. My mother and Watene got the rents of Hector McDonald. I married Watene and left.

Merehana Te Paea – sworn

I am a NgatiNgatiraukawa and live at Waiwiri.

I know the land before the court from Tawhitikuri to Waiwiri. It belongs to Ngatiraukawa. I have cultivations on that land at Mahoenui now. Muaupoko have no cultivations there.

Whatanui had cultivations on one side and my father on the other side between Waiwiri and Mahoenui. There are no Muaupoko cultivations. I know of some of this inland of Mahoenui. They have none there. They have none from Mahoenui to the beach. I do not see them going there to catch fish. I have cows, horses and pigs running on this land between Mahoenui to Waiwiri. I live at the Waiwiri stream. My cattle, horses and pigs seen on the north side of the stream and they have never been disturbed by Muaupoko. I have a house at Mahoenui.

Xd by Mr. Cash

Do the horses, cows and pigs running on this land belong to you? Yes. I could have shown you my brand.

Are they all branded? Cows are ear marked. Horses are branded. I have some horses and my brother in law has 3. I have 5 cows. I had when my pigs were tame 100 about 5 years ago. I saw them a short time before coming to the court.

When the cattle were driven off by Muaupoko were your cattle and pigs there then? I did not see the driving of Muaupoko. I have seen McDonald’s sheep and cattle with cause they ran together with mine. They are there now. They have not been driven off. I have not driven them away and nobody else would.

Adjourned until 2 pm.

At 2 pm the court resumed.

Horomona Toremi – sworn

I am a Ngatiraukawa and live at Otaki.

I know the land described on the plan before the court. I know from Rakauhamana to Mahoenui and to Tararua which I claim. This is mine now. I and the children of Te Paea claim it. Te Whatanui I and Te Paea had a boundary here to the south for Te Paea to the north for Whatanui. It is a boundary for us Ngatiraukawa and for Muaupoko at Tauateruru on the other side - the piece between Waiwiri and Rakauhamana. The houses on this piece referred to by a previous witness, as for the eel baskets – they are mine and I built those houses myself. This piece of land is where Muaupoko came to burn the seed of my younger brother up to Mahoenui. I have not seen Muaupoko on this portion of the block. Since the distruction by Muaupoko, Nerehanara and my young people have cultivated here. Muaupoko have no plantations on this portion. Perhaps their ancestors did but I am on the land.

Between Rakauhamana and Hokio or Tauateruru and Mahoenui – I have no interest in these portions. That’s Whatanui’s – he was a great man.

I don’t know about the boundary at Tawhitikuri and Tauateruru. I have heard about the cattle Nerehanara spoke of you have heard our old woman Poha has charge of these. She lives at Waiwiri.

Xd by Mr. Cash

The cattle spoken of by the last witness are owned by you and him? None of them belong to me. They are Nerehanara’s only.

Where are the cultivations you spoke of as made by Nerehanara and the young people? In the olden times at Mahoenui, now at Mahoenui and southern side of Waiwiri.

Where are the houses you spoke of? They are at a place called Whakamangariki on the Waiwiri stream.

Xd by Mr. Buckley

Do you mean by principal places, the places where you are living? Yes.

This closed the claimant’s case.

Counsel addressed the court for counter claimants and claimants and the court then adjourned until 10 am tomorrow.

Identification