More Info →10 July 1867

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053-064

Wednesday July 10^th

The court sat at 10.30 am.

Same Judge and assessors as yesterday

Paremata – Oriwia and others

Maika Takarore – sworn

Examination continued

I know that Tungia gave Te Kingi Ahoaho land at Waiariki. It was the other side of the ‘rohe’ of which I spoke yesterday. That ‘rohe’ is ‘he rohe hou’. There was no rohe of the piece given by Tungia. It was ‘he mahi noa atu’. The swamp was not the boundary between Ngatiraukawa and Ngatitoa. The swamp was included in the Ngatiraukawa portion. I mean by the boundaries fixed by us lately. There was no boundary fixed when the land was given by Tungia.

The ‘rohe’ I speak of was agreed to by Oriwia and all of us. Oriwia was there at the fixing of the boundary. I do not know whether the boundary as shown on the map as Tamihana’s is the same as the one we laid down. I have a claim there. My claim is not in Ngatiraukawa’s piece but in Oriwia’s.

The boundary commences at the side of the river Waiariki and round on this side of the ‘repo’ leaving the ‘repo’ in Ngatiraukawa’s boundary.

It is only now that Oriwia claims up to the ‘repo’. The ‘repo’ and the “tapa” of Waiariki is on Ngatiraukawa piece.

Pita Te Pukeroa – sworn – (witness for Oriwia)

I am of Ngatiraukawa of Otaki.

I know Oriwia. She has land at Waiariki. I do not understand the map. I did not see the survey of Oriwia’s claim by Mr. Knight.

I was present at the recent fixing of the boundary between Oriwia and Ngatiraukawa. It divided between Oriwia and me. The 1^st ‘rohe’ was from a point on the Waiariki to a swamp leaving the river and the swamp in Ngatiraukawa’s portion. Oriwia was not present at the fixing of this. At the suvsequent fixing of the ‘rohe’ Oriwia was present.

The second boundary was fixed with Oriwia’s consent. It was a little more to the south taking in more on the Ngatiraukawa side. That was to be a ‘rohe pumau’.

I did not see Nopera assent or tell Oriwia that he had assented to the boundary but I saw Oriwia herself assent. I did not see Reupena protest against that ‘rohe’. He was there and I did not hear him object.

Reupena Te Kairangi – sworn

I am of Ngatiraukawa. Live at Ohau. Know Oriwia. She has land at Waiariki. The tracing shows the land. The river Waiariki is the boundary. It belonged to the ‘matua’ of Oriwia – Ngatitoa. Their ‘pa’ was Pakakutu and their cultivations were on the land claimed by Oriwia.

I claim as the husband of Wikitoria who was the ‘tuahine’ of Tungia and Nopera. Tungia gave the piece on the other side of the swamp to Kingi Ahoaho and Matangi. Wikitoria told me that is how I know. The old boundary was the swamp. The new boundary was brought over the swamp and took in a portion of the land on this side of the Waiariki.

Oriwia was present at the fixing of that boundary. It was Maika’s doing. I did not hear Oriwia consent and I did not hear her dissent. I ignored that boundary and told Mr. Knight to survey up to the river Waiariki as the boundary.

My interest is only through Wikitoria. I cultivated on that land - on the bank of the river. I did so as cultivating the land of my wife Wikitoria. I have no interest in the portion given to Ngatiraukawa. I and Oriwia’s ‘teina’ Te Ruatahora planted potatoes there. We cultivated 2 years and then came to another cultivation on the same land near to Horomona’s claim. No one protested against my cultivating the piece on the bank of the river.

Rawiri Te Whanui – sworn

Ngatimai Otaki, Ngatiraukawa – Otaki.

I know Oriwia and the land claimed by her at Waiariki. I recognise the land shown on the tracing. Ngatimai Otaki is the hapu who dwelt with Tungia and to whom the land was given.

Tungia was living at Kapiti. The land was his as a Ngatitoa who had come first and taken the country. He said to Matenga and Te Kingi Ahoaho ‘e whitu koutou haere ki Pakakutu’ – they did so, built the pa and cultivated the land near some of these cultivations extended to that side of the map.

After this the Ngatitoa came and also occupied the pa at Pakakutu. The Ngatitoa also cultivated on the side of Waiauki higher up and beyond that another portion of Ngatiraukawa had cultivations.

I saw the fixing of the ‘rohe’ spoken of by Maika. Oriwia agreed to it. It was a line to divide between the lands claimed by Ngatimai Otaki from the lands of Oriwia.

I did not see the going of the surveyor and Oriwia to the survey. I cannot point out the boundary on this tracing.

Tamihana Te Rauparaha – appeared as a counter claimant

Stated, that Oriwia included in her claim land which belonged to him. I claim a portion of this land. The portion north of the line, from A to B. It is not as Ngatimai Otaki that I claim but on a different ground.

I claim as land belonging to all Ngatitoa as conquest. After a time Ngatitoa was divided and part fought against Ngatiraukawa. Te Rauparaha of Ngatitoa espoused Ngatiraukawa’s side and Ngatiawa and the other portion of Ngatitoa left and went to Kapiti.

Tungia was on Ngatiawa side which was beaten and driven away and Te Rauparaha remained on the side of the victors hence my claim.

Te Moroati – appeared to oppose Oriwia’s claim

I oppose it altogether on the ground that she is a Ngatitoa and that Ngatitoa had no claim to land here - the land, having been taken by Ngatiraukawa. I claim a portion of the land. I did not point out my boundary to the surveyor. I was not here.

Rakopa Kahoki – appeared as a counter claimant

Claims a portion. I did not point out boundaries to Mr. Knight. Admits Oriwia’s right to a portion of the land claimed but only as a thing agreed to by Ngatiraukawa to admit Wikitoria’s claim to a portion of the land as her aunt Wikitoria is Reupene’s wife and they have occupied. The occupation was before the fighting.

Kiharoa – appears as a counter claimant.

I claim with Moroati a portion of the land.

Hoani Taipua – appeared as a counter claimant.

I am of Ngatiraukawa. I oppose claim altogether.

She is of Ngatitoa to whom the land belonged once but after they went away the land was the property of Ngatiraukawa and I have a claim there. I admit Wikitoria’s claim but not Oriwia’s.

I was at Whanganui at thetime the land was surveyed.

Arapata Hauturu – appeared as counter claimant.

Claims a portion of land included in Oriwia’s boundary having cultivated it with his wife Topeora. I pointed out the boundary of the piece claimed by me to Mr. Knight (not shown on the tracing). I went there as a Ngatiraukawa not as a Ngatitoa.

Court adjourned at 1.30 pm for an hour.

Court resumed at 2.30 pm.

Paremata – continued

Tamihana Te Rauparaha as plaintiff – sworn

I belong to Ngatitoa and Ngatiraukawa.

I oppose Oriwia’s claim on this ground. We are both of Ngatitoa. We came from Kawhia. My father was the chief of that people. This was before 1832. He came with the people Ngatitoa. He took possession of this country by conquest from Ngatiapa, Muaupoko, Rangitane and Ngati Kahungungu.

Many years after the Ngatiraukawa heard of Te Rauparaha’s conquest and came to join him. This was before 1840. Rauparaha agreed to their occupying the land with him. He gave a portion of the land to his tribe Ngatiraukawa from Rangitikei to Kukutauaki on this side of Waikanae and he lived as a chief of Ngatiraukawa. He and Rangihaeata and Ngatitoa went to Waikanae, Wainui, Porirua, Pukerua, Kapiti and Mana and Cloudy Bay to and Taitapu.

Ngatitoa gave a portion of the conquered land to Ngatiawa and they lived with Ngatitoa and Ngatiraukawa remained with Te Rauparaha on this side to the north. Ngatitoa were not driven out by war. They went away of their own accord to Te Rauparaha and Ngatiraukawa. He remained and cultivated on the piece of land claimed by Oriwia. He cultivated there before Ngatitoa went south.

It was after the ‘raruraru’ with Ngatiawa and Ngatiraukawa that Ngatitoa went south. These lands were left to Te Rauparaha. The land did not belong to Tungia but to all Ngatitoa.

It is true that Ngatimai Otaki came and built Pakakutu and cultivated. The cause of the occupation of Te Pakakutu was scraping flax to “takitaki i te motu o Te Pehi”. Ngatitoa was the ‘iwi mana’ at that time not Tungia but Te Rauparaha.

Matene Te Whiwhi – sworn

Of Ngatitoa and Ngatiraukawa of Otaki.

After the coming of Ngatitoa, Ngatiawa came and lived with Ngatitoa. The kainga tuturu was Waikanae. Te Rauparaha invited Ngatiraukawa – Te Ahu Karamu to come here on account of Te Poa who was killed here by Muaupoko.

As they came along the coast they took possession of the different places and partly settled at Kapiti to be near the pakeha and lived on friendly terms with Ngatitoa and Ngatiawa.

After staying at Kapiti and acquiring guns and powder they came and occupied the coast settlements here – principally Otaki. Otaki was the name of the pa. Ngatitoa was still ‘mana’ here but they were principally located at Kapiti south of Otaki.

It was some time after the occupation of Otaki by Ngatiraukawa that Pakakutu was built. It was built by Te Ahoaho, Matangi and Ngatimai Otaki. Ngatitoa’s kainga was at Kapiti and south of Kukutauaki.

It was Te Rauparaha and Rangihaeata who ‘tohutohu’ that place Pakakutu for Tungia and Te Hiko, Tahua and Te Haea.

They used to go backwards and forwards from Kapiti. They cultivated the first year and the second year were beginning to cultivate then came the final ‘heke’ of Ngatiawa who – Te puni, Wharepouri, Rauakitua with Ngatiruanui and Taranaki - This ‘heke’ instead of waiting to be fed by Ngatiraukawa who left their places in fear ‘muru’d the food and Ngatiraukawa were dark.

A chief of Ngatiraukawa Te Whakaheke went back to look after his food. He got to his place and found a man in his potato ‘rua’ and killed him. His name was Tawake. This caused a war. Ngatiawa drew off to Waikanae. We sent them away saying that we would fight fairly.

The war began and with varied success. It was not until after the war had been going on a long time that Ngatitoa and Ngatiraukawa became enemies. Chiefs of the Ngatitoa were killed. After the war Ngatitoa still occupied Kapiti. The pa at Pakakutu was built before the war and before the coming of Ngatiawa’s final ‘heke’.

The land claimed by Oriwia is the piece given to Ngatitoa by Mokau and Te Rauparaha. They left it at the time of the fighting between Ngatiawa and Ngatiraukawa. It was left before the coming of the governor or colonel Wakefield. It was then occupied and cultivated by the Otaki people. I do not think Oriwia has any claim. If the chiefs – her ‘matua’ had returned it might be very well but not for her to come now. She has never cultivated there since Ngatitoa went away.

Xed by Oriwia

I did not hear Te Rauparaha give the land to Tungia but I have heard him say that he had done so on occasions when Ngatiraukawa and he had altercation.

Case for plaintiff

Wikitoria Huruhuru – sworn

Of Ngatitoa – at Otaki.

I know the land claimed by Oriwia. I claim the land in Oriwia’s claim. It is mine.

I am now cultivating it and have done so since I was married to Reupena and no one has interfered with me. Oriwia is a daughter of Tungia who was my brother. He died at Te Pukerua. He died after the war between Ngatiawa and Ngatiraukawa.

Ngatikauhata disputed my possession at first but it was given up to me. Tungia did not return to the land but I did.

Xed by Tamihana Te Rauparaha

I returned here after the affair at Haowhenua – pa of Ngatiawa’s. Before that I was at Kapiti. I have cultivated every year up to this time. I saw the boundary line marked out by Maika. That is a correct boundary line between me and Ngatimai Otaki. The portion next to the river is theirs. It was given them by Tungia.

Court adjourned at 4.30 pm till tomorrow.

Identification