Monday 24th April 1876
Court opened at 10am. Place the same. Present the same.
Sections No. 102, 104 and 106
Succession claim.
Ariki Hopihona claims to succeed to Wi Hopihona. Rawiri Rota put in a will preparing to give Hopihana’s property to the claimant. Adjourned for the present.
Adjourned claim.
Tutangatakino No.7 (Adjourned claim)
Deputy inspector of surveys could not certify to plan as it conflicts as much other claims.
Dismissed.
Tutangatakino No.9
Same as No.7. Dismissed.
Hinetua
No plan. Dismissed.
Urukaraka ( Adjourned claim)
No Plan.
Dismissed.
Katihiku No.3
No plan. Dismissed.
Hinetua
No survey. Dismissed.
Kaingaraki No.4
No plan. Dismissed.
Sections No.103, 104, 106 (Succession claim)
James Mc William __ I __ out the will out at the request of Wiremu Hopihona he dedicated it to me. I witness his signature along with the Te Keepa Kerikeri. I am a clerk in holy orders.
Te Keepa Kerikeri sworn. I belong to Ngati Mautaku and live at Otaki I remember Hopihona making a will I witnessed his signature along with Mr Mc William.
The court was of opinion that it had no jurisdiction it informed the claimant that they must obtain probate from the supreme court in the ordinary way.
Dismissed.
Waiorongomai
Included in will of Hopihona. Dismissed.
Waiorongomai
Same. Dismissed.
Waiorongomai
Same. Dismissed.
Kaingaraki (Adjourned claims)
Ururoa Pounui claiming. No plan. Dismissed.
Kaingaraki No.3
Paranihia Whawha and others.
Tauteka Tuainuku sworn. I claim this land on behalf of myself and others it is surveyed I produce the plan I claim through Te Watanui he was my grandfather I have lived and cultivated on this land my parents cultivated there.
Objectors challenged. Aperahama appeared to object on behalf of Ururoa.
Aperahama Te Kumi sworn. I belong to Ngati Hikopiri and belong to __ __ __ I have lived in Otaki. I object to the North West boundary of this land it includes __ __ and land outside of it. This claim includes the place where we live Ururoa occupied this land after the battle of Horowhenua up to 1852. Ururoa drove off T__ in 1853 I came here from Taupo I went next year I cultivated on this land Ururoa is my uncle. I worked there up to the year 1868. Paranihia’s party did not interfere with us up to 1876 they have never raised any action to us. I was at Taupo when the land was surveyed advantage was taken of Ururoa’s __, I spoke to Jamesd Wallace (h.b) when I came back and told him that the line was wrong, inside the fence was our cultivation. There was no objection to my getting timber from this land.
Ururoa has a definite right to the portion of claim I have heard Watanuito name mentioned with respect to this land but not the portion I claim. I admit Tauteka cultivated within the land I claim for 1 year it was not a permenant cultivation. There is an old house there now that we used to live in. Watanui gave Heni her piece outside this Ururoa first cultivated this land. I don’t know of any interference by Tauteka or Watanui’s relatives. Ururoa gave no money to Watanui for the trees. Hape did not work on the portion that I claims Watanui raised no objection to my cultivating there if he had I should have left.
Hokepera Tuhui sworn. I am sister of last witness I have lived on this land my house was within the fence I was born at Otaki the first person. I remember on this land was Ururoa no one ever interfered with us at all. There is a saw pit in the bush where Ururoa gave permission to __ to cut timber Bill Dodds was one of them.
Cross examine by Roera. I never knew any cultivation of yours an Tauteka’s inside of where we claim I gave her permission to her to cultivate for 1 year. I don’t remember seeing Watanui working there I never knew he lay off these boundaries. I always understood Ururoa amend the portion that we claim I don’t know of anyone who interfered with him neither you orPara__hia objected. Te Roera was working outside the fence when you told him to come inside and he divided.
William Dodds sworn. I know this land and have worked on the land by permission of Ururoa it is in the bush I paid for timber there I was working on the land that Aperhama claims.
Putai sworn. I belong to Ngati Raukawa I live at Porangahau Hawkes Bay I went there in 1864 and I came back at the beginning of this month. __ this land claimed by Aperahama it belonged to Ururoa outside of it the land belongs to Paranihia and others I was born at Whanganui but bought here when a child Ururoa was the man who lived on this piece and I left Ururoa in possession when I went away he was there when I came back I never seen Tauteka in occupation I have Paranihia outside the fence.
(Cross examine by Roera) Ururoa’s house is inside this boundary it is on the south side of Kaingaraki creek he has a house on either side of the creek. I think it was Keepa Kerikeri who laid off the boundary between Ururoa and Ngati Raukawa Watanui had nothing to do with the piece we claim he gave Heni her land outside this.
Ihikiera Te Wharewhiti sworn. I heard that Ururoa was the owner of the piece shown on plan I went to get some trees. I got the trees without payment no one interfered with me the place where I got the timber was inside this claim.
(Cross examine by Roera) I admit Watanui’s claim he and Te Keene had a claim over the whole of this land the boundary between them was arranged by themselves. I do not know how Ururoa got there Ururoa’s house is on the other side of the stream from this claim.
Ureroa __. This land was not given by Watanui to Ngati Raukawa we each had our own pieces it was after Horowhenua I went to live at Kaingaraki I have lived there ever since it is my __ Te Ahoaho disputed with me and we arranged the boundary between us Rawiri and Keepa know where the boundary is.
Counter claimants case closed.
Rawiri Te Wahui sworn. I know this land I remember a boundary being laid off formerly it was between Te Ahoaho and Watanui they laid it off themselves Watanui was the principal man Ururoa worked on the land by permission of him I don’t know which is the boundary between Ururoa and the claimants, I can’t say which is his place.
Tauteka Tuainuku. The middle portion was occupied by Piripi Ururoa’s house is on the other side ofthe creek not in this land the cultivation inside the fence is mine the other party worked under permit from Watanui they had no rights of their own. The European who has just given evidence has only lately gone there the land on the other side of the creek belonged to Watanui also. Ururoa had no claim to this land the proceeds of timber cut on this claim was paid to Watanui I received the last payment it was a horse. I got it Hokepera I heard the timber had been sold I talked to her and she gave me the horse I gave it Kepa’s wife I worked on this land for three years because the land was mine. Ururoa was never admitted as an owner by Watanui he was always kept on the other side of the creek, I admit that Hokepera’s house is on the land inside the fence but I can’t see that is any claim. I admit a woman named Wai one of Ururoa’s wives Ururoa got no money for the timber.
(Cross examined by Aperahama) The fence is mine, Watanui did not live there himself Hokepera and Te Wai worked within the fence I never saw you there. Any work you may have done was on our land you had no business to put up a fence I did not interfere with you for I never thought you intended to claim it the boundaries were laid off many years ago.
Tere Tuainuku sworn. I belong to Ngati Raukawa I recognise the land as shown on the plan, Ururoa’s place is on the other side of the creek, Watanui was the owner of this land. We had the first cultivations there. Tauteka worked there she worked for three years the land was hers, Ururoa used to let the timber and we objected so the money was paid to us James Cootes worked at the timber. I expect Ururoa let him work there. I got the money from Ururoa Watanui was the (money) man who had authority over this land. Tami__newa a younger brother of Watanui my father had a cultivation on the disputed piece. I heard that Watanui appointed Roera agent for this place, besides him there was Piripi and Hape Te Arohau. They allowed Rikihana and Ngapu to cut timber there the saw pit in the place that is disputed Ururoa made no objection.
(Cross examine by Aperahama) I don’t know that the fence is yours. Ururoa used to let the timber unknown to us that is why he got the money I went to this place and sent Ururoa off. Roera was one man whom I sent away I don’t know what this year was in. It was during my absence that you and Ururoa came and worked on my land. I objected to him frequently.
Roera Hukiki sworn. It was in 1852 Ururoa first occupied this land he worked on the cultivation of Tuainuku’s father Ururoa lives and always has done at the other side of the creek.
(Cross examined by Aperahama) I don’t know that the fence is yours I do not admit that the land on which you cultivated is yours. You are related to Watanui who was the principle chief the laid off these boundaries. I understood you cultivated subject to Watanui. We were all under Watanui but now you set up an independent claim that’s why you are objected to. You have no right there I have Watanui’s mana Watanui was on one side of the boundary and k__ __ the other.
Rikihana Te Tamre sworn. I belong to Raukawa I live at Otaki I know this land I have been there I went to work the timber Ngapu and Roera gave me permission our saw pit was in the disputed piece neither Ururoa or any of his people said anything to me Ngapu was not driven off from that land. We paid Roera for the timber Ururoa and none of his people ever made any claim Ururoa lives on the other side of the creek, we worked there in 1869 the logs we left unsawn became the property of Roera.
(Cross examine by Aperahama) I don’t know much about the fence there is a fence on this side I don’t know who built it I paid nothing to Ururoa.
Haka Mahauariki. I belong to Ngati Pare I live here and at Manawatu I know this land I know the fence it is on this side of the creek. Rehara and I built it in 1857 I married Ururoa’s daughter his place is on the other side of the creek the land on this side of the creek has been cleared some time by the parents of Te Roera and others. We cleared this land along with Ururoa and his people it was through the consent of Paraniha we did it. I do not admit Ururoa he has no claim on this side of the creek. If Paraniha hadn’t given permission we couldn’t have worked there.
(Cross examine by Aperahama) Rehara was a son in law of Ururoa’s as well as myself. Paraniha only gave us permission to cultivate I don’t know that it gave us any title to the land. I didn’t work there because I was Ururoa’s son in law but because of my relationship to Paraniha Rihea worked there because he was Roera’s son in law. I never saw peach trees growing on this land Rihara and I commenced to work on the land. The only person who had authority over the land was Watanui and through him Roera and Paraniha besides Watanui’s rank as chief of the tribe he had the authority to give away land.
James Cootes sworn. I worked on this land sawing timber in 1865, I was on the piece that is disputed Paraniha and Hakaraia gave me permission. I paid Hakaraia for the timber after I had been there 5 weeks Ururoa who had been North, returned to Otaki he had a dispute with Hakaraia he took away at our saws away we left off work and did not do any more. We didn’t pay Ururoa anthing although he asked for some.
This closed the case on both sides. The court having considered the evidence. Ordered a certificate of title to issue in favour of Ngairiki Tuainuku, Wiremu Pomare, Matene Te Whiwhi, Waretini Tuainuku, Te Aohau Neketini, Tere Tuainuku, Paraniha Whawha, Karaitiana TeTupe, Henare Roera and Meri Kipa. Subject to the alteration of the eastern boundary as agreed to by claimants in favour of Hakopa Mahuariki no restrictions. £3:0:0
Rikiriki A9:R0:P0
James Wallace sworn. I know this land I have worked it 15 years since I worked. I worked for my uncle Tamehana I partly ploughed up this land no one interfered with me Tatana was working there through Tamihana’s wife.
Certificate ordered in favour of Mihepeka Tatana, Rakapa Topeora, Hunia Ngarepo, Arihia Hutana, Hiko Hutana, Kereama Kaiaho and Tatana Whataupako subject to read adjustment of survey no restictions. £3:0:0
Town Section Otaki No.70
Tatana Watauhopoko sworn. We claim section No.70 it was allotted to Hohaia when the township was laid off I am his son in law.
No objectors.
The charged town grant £1.
Certificate ordered in favour of Hohaia Te Pahau, Mihipeka Arihau and Tatana Whataupoko and Hemi Tatana No restrictions.
