291-304
Friday March 20th
Court sat at 10 am.
Present – same judges and assessors.
Himatangi – continued
Mr. Williams stated that he had considered what had been said by the court yesterday on the subject of irrelevant evidence and would proceed to produce evidence being bearing directly on Parakaia’s claim.
Mr. Williams put in a document, laid upon the table of the House of Representatives, called “papers relative to the Manawatu dispute E. No. 2” directing attention to a translation of a letter addressed to Dr. Featherstone dated September 17th 1868 pp 4. The court doubted as to whether it could receive the translation as evidence.
The counsel for the crown was willing that the translation should be received as authentic.
The court then received it. Letter read and translated into Maori.
Hoani Meihana – sworn
Heard the letter read. It is like one we wrote on the 17th of September. I signed a letter on the 17th of September.
After this, Dr. Featherstone went to Whawharangi on Manawatu. My friends spoke to him about sale of land – to hand it over. There were 9 of us (the names to the letter of September the 17th with Horomona and another in addition).
I said to Dr. Featherstone “these are only ‘te uira, mo muri te whatitiri’” meant that these men were only a portion and that the assent of the ‘iwi’ had not been given. Following up the word of the letter of the 17th September – that the assent of the tribe had yet to be obtained.
Mr. Williams put in a copy of a letter from Hon. Native Minister to His Honor Dr. Featherstone dated May 3rd 1866, with enclosure – extract from a memo respecting Land Purchase.
Further papers relative to the Manawatu block in continuation of papers presented 29th September 1865 A No. 4 – No. 2 pp 5 read in Maori by Mr. Young.
Mr. Williams put in certain protests – printed in appendix to journals of House of Representatives for 1866. List to be furnished.
Mr. Williams wished to put in lists of Ngatiraukawa natives upwards of 800 alleged not to have signed deed of cession.
Counsel for the crown objected. Court called on Mr. Williams to show what bearing these lists had on the case before the court.
Mr. Williams withdrew lists.
Henare Te Herekau – sworn
I was present at Paratene’s death. Was with him the 3 days before his death.
He spoke about his taonga and ‘whenua’. Parakaia and Amiria and Mirika Taraotea also were sitting outside the house in which Paratene lay. Paratene asked me to write down his words which I did. I have that ‘pukapuka’. A month before his death he sent for me to arrange about his property and when he was near death he sent for me again to ‘whakatuturu i ana korero’. I wrote by his direction as follows (witness here read from a memorandum book) – A
Xed by Mr. Fox
I wrote the words read and Paratene signed his name. I supported him while he did so – book containing memo with signature – produced.
Xed by Mr. Williams
The land described in the document read is wholly included in the Himatangi block claimed by Parakaia. Don’t know the boundaries referred to in the documents.
Paratene did not tell me that there was anyone else besides himself who owned the ---- . The boundary was fixed by Paratene and Parakaia.
Parakai Te Pouepa – sworn
I saw Paratene shortly before his death – went to see ‘tona hemonga’. A party of us went to the ‘tangi’. I went to see him and he said he was glad to see me about land “have sent for you about Whitirea, I wish to speak about Raewera ‘ko Raewera ki au, ko Te Kirikiri ki a korero ko mete Te Kuru”.
I consented to the boundary for Paratene’s land at Whitirea and Raewera. Paratene wished it to be written.
Court adjourned at 12.45 pm for 1 hour.
Court resumed at 1.45 pm.
Parakaia Te Pouepa – recalled
I know the boundaries of the Himatangi block claimed by me. This is the sketch of my land. The south boundary was fixed when the Awahou was sold to the crown. Myself and Paratene arranged part of that boundary and Nepia arranged that part of it from Omarupapako to the sea.
At the time of the sale of the Awahou block, it was arranged as a boundary of the piece to be sold and of the piece to be kept by Ngatituranga, Ngatirakau and Ngati Te Au.
A great many Ngatiraukawa hapu’s consented to this boundary. Nepia was one of the chiefs and Kuruho, Aperahama Te Huruhuru. They assembled to the boundary but had no interest in Himatangi. Aperahama Te Ruru Kingi Te Ahoaho, Mohi Te Wharewhiti Hone Te Tihi, Te Peina Tahipara, Te Hira, Heremia Te Tihi, Epiha Te Riu, Hori Ngawhare, Te Rei Wairaka, Tonihi Rawiri Wanui and many others. There was no objection. Mr. Searancke was also there.
Ihakara sold the Awahou. He had nothing to do with the boundary at Himatangi ‘kaore ia i tou ki reira’. It was a boundary between the lands to be sold and the lands not to be sold, it was to be kept for the 3 hapu’s named by me, for them only. The land on the ‘taha mo te pupuru’ belonged to Raraotea and Ngatirakau. It belonged to myself and co – claimants. We became possessed of that land in 1834.
In 1834, the north boundary was at Mangatangi. In 1835, the different ‘hapu’s became established in their different locations. The boundary in the sketch was settled in 1848.
Ngatikauhata and Ngatiwehiwehi encroached on us from Mangatangi. Mr. Williams settled the boundary as now shown and we and Ngatikauhata assented.
The boundary of my claim is the same as that fixed by Mr. Williams excepting part where Mr. Hughes straightened the line at a Kahikatea tree. The point A was fixed in 1858. When we returned from the meeting, at Raukawa with Hirawanu – it was a ‘pou Maori’. It was Te Paratene who fixed that ‘pou’ also another on that line at Ngapuketurua.
Nepia Taratoa and Nepia Winiata – his son and Kuruho also Ngatikauhata and Ngati Te Ihiihi. I spoke of the deviation in the north boundary. The line was taken within the original boundary which was a Kahikatea. No name to the ‘pou’ put in at A. It was then for the first time ‘whairohe’. Know a lake called Paepaeu – witness indicated position on sketch – west of (A) on boundary line. There have been disputes between Ngatikauhata and Ngati Te Ihiihi on one side and Nepia, Kurupo and Paratene.
In April 18th 1866 on the occasion of the meeting at Te Takapu, I was shown Paratene’s post at Ngapuketurua. I took a post with me and put it in by the side of Paratene’s. My post had the date on it. This was before the money had been paid for the block. Mr. Williams – mine and Paratene’s post was at Puketotara. The 2nd was a Kahikatea tree. The 3rd was the post of Paratene at Ngapuketurua. The 4th at A. New posts by me at Kahikatea, Ngapuketurua and A with date.
After this, the land surveyed by Mr. Hughes who straightened the line leaving the Kahikatea outside – possessed the land since 1834. The west boundary was fixed in 1866, at the time of survey. It was changed from the old boundary of the sheep and the boundary for the sheep was that fixed by Nepia and myself and Aperahama. At the time of the first lease to Mr. Robinson by Ihakara and Hukiki and others, the boundary of my claim is inside the sheep boundary. We and Hare Hemi Kaperiera and others arranged the west boundary between ourselves.
Hare Hemi and his party belong to Ngati Tu Korehe and Ngati Te Mateawa. The land on the west of that line belongs to Hare Hemi and Nepia Taratoa. He was of Ngati Mateawa and Ngatiparewahawaha. Nepia Taratoa was dead when that boundary was fixed – as now shown.
East boundary is the Manawatu River. That land became ours in 1834 and 1835 and since then up to the present day. Ihakara Tukumaru had an interest in this land formerly – outside this boundary is the ‘pa’ Puketotara. That now belongs to Ngati Te Ihiihi.
In 1834, he had a clearing in 1834 a Papawharangi (within the block) one year – never since. Ihakara lived 1 year only it was the same year as he cultivated, it was his fathers sister not he who cultivated. There is one ‘tupapaku’ of his buried there. It is on the boundary. Each side wished to have the grave included in their land and it was settled by placing the boundary at the grave.
Before the payment of money for Rangitikei Manawatu block, Ngatiraukawa meetings were held here at Otaki also Puketotara, Tawhirihoe and Te Wharangi. At Tawhirihoe, all were for ‘pupuri’. Ihakara was strong, at Te Wharangi it was resolved to leave the question for the tribes proposed by Ihakara. There were 40 Ngatiraukawa’s there. I was there.
Dr. Featherstone said, “kia pai te iwi, ka mea ai ki te hoko, kia pai te iwi ka hoatu nga reti – e kore e puritia to hikepeni”.
I said, “You speak as if you wished to buy the land” and Dr. Featherstone was angry with this word of mine.
There were 9 out of the 40 who expressed themselves in favor of selling. If the whole tribe agreed, at the subsequent meetings of the Ngatiraukawa, the tribe determined to hold on. My tribe had a separate meeting of their own at which it was resolved that whatever ‘hapu’s might do, we would hold on and not receive any money. I swear that the land claimed belongs to the 3 ‘hapu’s only whom I have named.
Xed by Mr. Fox
We took possession of this land ourselves. There were no posts on boundary line at that time. First boundary in 1848 - The lease to Skipwith was up to Mangatangi.
Mr. Williams boundary at Whitirea was not accepted finally – the pakanga was not at an end till 1858 when Paratene’s ‘pou’ was first at A and Ngapuketurua.
Hare hemi is a chief but not over all Ngatiraukawa.
The reason why rents not received because Wi Pukapuka Ihakara and others asked Dr. Featherstone to tutaki the rents – it was then jealousy.
Ngatikauhata, Ngatiparewahawaha, Te Mateawa, Ngatituranga, Ngati Te Au, Ngatirakau and there were some of the Ngatiapa. Ngatiapa claim was the cause of our taking up arms.
Xed by Mr. Williams
I did not understand that it was Dr. Featherstone who impounded the rents on his own motion but that he did so on the request of Ngatiraukawa and he after refused to --- --- them. On being applied to, to release them, he said that “the majority wish to have the rents impounded”.
By court
The posts put in at Ngapuketurua and A by Paratene were to mark boundary between Ngati Te Ihiihi, Ngati Te Rangi and Ngatikauhata on one side and the three hapu’s on the other.
Ihakara’s father and mother were both Ngati Patukohuru. The father’s sister name Rangi Ahuta. She cultivated alone or only with her slaves. She was of our party. She belongs to all these 3 hapu and so does Ihakara – became estranged by their going to live at Te Awahou.
Further hearing adjourned to tomorrow. (Continued pp 304, this book).
Court adjourned at 5 pm to 8 pm.
Court sat at 8 pm
Present – same judges and assessors.
Sections 56, 57, 58, 59 and 60 Otaki – Matene Te Kikotuha, Tamihana Te Rauparaha
Continued from pp 6 (pp 279, this book)
(Judge Rogan’s sister)
Matina Te Kikotuha – sworn
I live at Otaki, Ngatitoa and Ngatiraukawa. Plan of land claimed recognized.
G. F. Swainson – sworn
This is my plan. I made the survey. Employed by Matina by whom the boundaries were pointed out. It is fenced. Rules of court observed.
I referred to the general plan of Otaki and find that there is no reservation made thereon for hospital or public reserve whatever. They correspond with the allots on original map.
Matina – called
My mother, Waimatao, came from Porirua formerly. She is dead. Was of Ngatiraukawa. Came to her nephews before the town was laid out to Puke Karaka near Cath Chapel where her brothers’ children were. They gave her a piece of land of which this forms a part she did not occupy.
It was long after she came when the town was formed. The bishop arranged about the town with the chiefs of Ngatiraukawa. I have not heard any objection to the town. My mother’s nephews did not object. Te Wano, Takuira are their names. My mother, myself and Hopa, my elder brother, occupied on the corner Sec 60. A house was built before survey of town. After survey other persons came.
It was arranged I should have 1 sec (59). The corner sec 60 was for Hopa, Paraone occupied 58 – Paraone is dead. Wirape occupied 57, he is here. Wi Piti occupied 56, he is here, we all went and occupied the land indiscriminately. I did not live on 59. Paraone’s widow is (Mihi Peka Pauturu), Wi Piti’s lot is gone to Tamihana.
I claim a certificate for 60 and 59, only for myself.
Tamihana Te Rauparaha – sworn - appeared as counter claimant.
Live at Otaki occasionally. Of Ngatitoa. I claim all these allotments. I claim them on account of my father occupying them.
After the town was laid, he occupied all of them. Rauparaha was not here when the town was laid out. They were not assigned to him. They were assigned to others, Hopa, Paraone, Wi Rape, (slave and Wi Piti. The reason this property came into my father’s possession was the chiefs assigned them to him to live on. I purchased one lot. The former occupier consented to lease the property. There was nothing said about the land. Paraone was there. He left when it was agreed that Rauparaha should live there. Hopa had 2 lots. Paraone and his slave had 2, Wi Piti sold his lot 56 to me. I bought after my father came here. There were 4 lots. Not 5. Wi Piti’s was not included. Hopa occupied when Rauparaha came. No payment was given. I have other sections in the town. My house is built thereon. My father lived and died there. I think it was in 1845 Rauparaha came here. I think he died in 1849 – was there about 2 years. There was a small house there, Rauparaha built a house there. I have not seen a house on Paraone’s land. I do not know that he occupied. My father died, I went to England. His widow occupied. I was away 18 months. The widow was in possession when I returned (with my wife). I occupied until I let it, in 1861. The house now on the land was built by the tenant. No one opposed my claim until last year (July 1867), Rauparaha’s widow is still alive.
Xed by Matina
I heard from Hopa and Paraone. The land shall remain with the Rauparaha. I heard Hopa say so on the land. There were many persons there at the time Reverend S Williams was there.
Paranihia Te Tau – sworn
I live here and at Porirua. I am of Ngatitoa. I am a widow of Te Rauparaha. I came from Auckland with Rauparaha ---- with Tamehana.
I know the land under investigation. Hopa Waimatao Matiu Wi Piti and Paraone are living there. Rauparaha lived on the land. Hopa and Waimatao gave this land. I heard Waimatao and Hopa say “’Kati e koro’ we will lease this place to you for love and affection”. Hopa and Waimatao died first. Rauparaha died after. Paraone was related to Waimatao.
Tamihana Te Rauparaha told me to make this statement to the court.
Piripi Te Rangiatahua
I live at Otaki. Of Ngatiraukawa.
This land was occupied by Rauparaha. I know the circumstances under which he occupied. Ngatiraukawa agreed to this.
Hopa was the first. Hopa and Waimatao consented to his living there: - said, “this is for you, e koro, to be near the ‘whare karakia’”. They went to Porirua. Paraone also lived on the land. He consented. He had a house and gave it to Rauparaha land and all. No payment. A red house.
Xed by Matina
I distinctly heard them give the land to Te Rauparaha.
Reverend Samuel Williams
I know this land. Lots in the township.
When I came here Mr. Tudor left. Hakaraia was the chief teacher who informed me the allots had been appropriated to certain person’s 60 and 59 were Hopa’s in possession. 59 and 57 were Paraone’s and his man. 56 belonged to Wi Piti. There was one house. I am uncertain about his occupation.
It was for those who occupied, when they left, it was forfeited to the trustees. The agreement was the resident missionary and teacher should have the disposal of the lands. It was for them in order to be near the church and school to place persons for instruction. I came in 1847. The sections we appropriated. In 1848, Rauparaha spoke of a place for himself to live on.
Ngatikauhata – Kingi Hori the Puke, would not have him in the juices (kari). He was then taken by his whanaunga Hopa. It was full of women. I thought. I and Hakaraia said to Paraone “will you remove your place to another part of the town”. Brown agreed. 2 lots ere given, 2 taken, Hopa remained and Matina with Rauparaha.
I never heard the land was given to Rauparaha. Hopa agreed they should live together. Hopa and Waimatao lived in one house. Rauparaha in another (60).
I met Tamihana who said, “Leave Rauparaha to talk to his own people”. Rauparaha fenced and took possession.
I have not heard of any cession to Rauparaha. Hopa and Waimatao went away (pouri).
Xed by Matina
I do not recollect the name of Hopa’s house.
Further hearing adjourned to tomorrow at 8 pm.
Continued pp 313, this book.
Court adjourned at 10.30 pm to tomorrow.
