262-278
Wednesday 18th March
Court sat at 10 am.
Present – same judges and assessors.
Himatangi – continued
Mr Young translated letter of Mr. Searancke to chief commissioner of November 15/58 (pp 282 – Reports of Land Purchase Department).
Ihakara Tukumaru – sworn
Lives at Te Awahou Patukohuru. Ngatiraukawa. Know the Awahou on Manawatu, sold to government. Was living on that land when it was sold.
I was the rangatira of the ‘hoko’. I sold it. “Iwas ‘te ingoa” nui o tera hook”. My hapu was living at Te Awahou when it was sold. Ngatiraukawa did not at first assent. Long time discussing it before it was settled, ‘no te roa o te tohenga ka whakaae’.
Mr. Searancke was the person who paid the money. I received the money.
Ngatiapa did not sell that land nor Rangitane nor Muaupoko nor Ngati Kahungungu nor Whanganui nor Nga Rauru nor Ngatiawa nor Ngatitoa.
I alone, the Ngatiraukawa. Hukiki, Matenga (dead) and some living, Horomona, Hou Waharoa, Te Kerei and young chiefs – Moroati, Matene, Tamihana -Te Matenga and Hukiki are ‘kaumatua’s. My ‘mana’ was above. I was at the head of the sellers and Nepia at the head of the non-sellers.
I proposed formerly that Hirawanu should sell Te Awahou, but Ngatiraukawa would not agree. Ishould have consented to these tribes being parties. I should have consented, ‘kua hook hoki ahau’.
Mr. McLean was there at the payment of the money and Colonel B. Mr. McLean and I divided money between Ngatiapa, Rangitane and Muaupoko. Don’t know about others. I did not consent to the tribes joining me in the sale. If they had proposed I would have assented and my party of sellers would have agreed. Nepia’s party would not have consented. The two parties were equal. I should have consented that the ‘mana’ of those ‘hapu’s as to selling should be equal to mine.
Ngatiapa went to Wellington to fetch money, got from Mr. Searancke, and I was angry and would not give them any money at the final payment. This was a matter of complaint by me to Mr. McLean.
Ngatiapa did subsequently get a potion of the money. If they had joined in the sale, I would have let them have £500 and had £500 myself – (out of £1000).
Know the Rangitikei Manawatu block. Had land in it when it was sold. I had land at Kaikokopu, Pukepuke, Tawhirihoe, Kakanui, Makowhai Purakau, Whitirea, Himatangi. These are all. Kaikokopu is near Whitirea and Himatangi are the only places included in Parakaia’s claim before the court which I claim. Himatangi is ‘he whenua tonu’. Lived with Parakaia when he lived there at first – don’t know the year. I had a cultivation at Himatangi. ‘Matua’ buried at Whitirea. Himatangi was a cultivation of ours. I had no house there, nor had they. The houses were on the river. Himatangi is a ‘motu’. We, Parakaia’s party and I had cultivations there. Don’t know the year. Before treaty of Waitangi. Have not cultivated with Parakaia since treaty of Waitangi but both go to Himatangi to shoot koko’s. Left the land to them.
My claim rests on my ‘matua’, Te Kowhety being buried there and another ‘matua’ of mine, Paratene, who is dead ‘i noho i runga i toku’. These two ‘take’s and a 3rd ‘ko taku whenua tonu’. Paratene’s widow is living. Te Kowhetu was related to my father. Can’t give genealogy.
I did say with reference to Te Awahou, I will take out my plank in order that the ship may sink. I took out my plank and the water is running in. Te Awahou was my plank and Te Maire on this side of Manawatu. I have land on that side of Manawatu for I am a Ngatiraukawa. The anti selling league is the ship I mean. It was ‘atawhai’ on my part to the people to have a town on Manawatu and to break up the anti land selling league.
Would not consent to 3 tribes selling my land on that side of Manawatu. I joined in sale of Rangitikei Manawatu block. I did not ask Ngatikauhata and Ngati Te Ihiihi for myself or friends before the sale of Rangitikei Manawatu block. We did petition assembly to remove restrictions on Rangitikei assembly, did not assent. Ngatikauhata, Ngati Te Ihiihi, Ngati Parewahawaha. It was Ngatiraukawa also Rangitane – don’t know whether Ngatiapa signed the petition. The sellers and non-sellers of Ngatiraukawa are equally divided. Ngatiapa and Rangitane and Muaupoko joined in the sale. Whanganui had some of the money but were not parties to the sale.
Ngatitoa have claims on the whole of Manawatu Rangitikei block. Ngatiapa has share over the whole block, Rangitane and Muaupoko and Whanganui. Hoani Hipango had a dispute with Ngatiraukawa about this land. Those tribes have no claim on this side of Manawatu.
I left that river as the boundary to my people – Ngatiraukawa. I and other Ngatiraukawa chiefs and Mr. McLean settled that we were to keep this side of Manawatu. It was not a matter settled by a ‘runanga’ but it was only talked about by myself and others and McLean. There has been no ‘kei tuturu’ about this boundary.
Dr. Featherstone came to me at Te Awahou after the petition had been sent. Spoke of sale of Rangitikei. I was angry with Dr. Featherstone on account of the shutting up of the land. I said if you will throw open this side of Manawatu, I will let you purchase other side ‘ka tona taha kia tetohu ko tenei taha kia waiho’. Nepi a was then alive. I told Nepia to take his ‘mana’ to this side of Manawatu.
By court
Was not angry about Ngatiapa going to get money but was angry at the proposal to make second payment to them.
The places named by me, Whitirea and Himatangi belong to me and to my tribe – Te Kowhetu was Patukohuru, Paratene also. Parakaia is not a Patukohuru. The land claimed by Parakaia belong to Patukohuru, Ngati Rakau, Ngati Turanga, Ngati Te Au and Ngati Takihiku.
Reverend Samuel Williams – sworn
I know the Awahou block but not the exact boundaries.
I came here from Ahuriri in 1858 and saw large body of Ngatiraukawa – men, women and children and Mr. McLean on the beach going to Manawatu, going to a meeting with reference to sale of Awahou block. Passed on to Wellington and on my return to this place, two distinct parties were assembled here. Sellers and non-sellers. Both parties were excited. Never saw Nagtiraukawa so much excited. Neither party would meet or speak to the other. At Mr. McLean’s request, I visited each party, finding that the principal parts of the owners were wishing to sell, I advised the non-sellers to withdraw opposition.
They explained to me that their objection was not only with reference to the land. They censured Ihakara for bringing persons not owning the land to strengthen his party of sellers. Some of the owners also were with the non-sellers. They were also angry with Ihakara for his speech about “his plank” looked upon it as a malicious act towards the tribe and feared evil consequences would result from the sale. Told them that it was Ihakara’s business, the bringing a lot of people in to share his money and that while they might be afraid of mischief arising from a particular hapu selling its land. I saw clearly that mischief would arise from anybody of natives trying to prevent real owners from selling their land. Ngatiraukawa laid great stress on the right of the tribe to prevent any small tribe from selling.
After considerable discussion, they led me to believe that they would eventually allow the sale if I did not then press for their consent. I took some of the principal men to meet McLean and Searancke. McLean seemed at first unwilling to defer the payment of the money, lest it should cause a bitter feeling among the sellers, asking me if I would see them on the subject. I expressed my willingness to take upon myself responsibility of the delay. Accompanied Mr. McLean to Tamihana’s (?) house where the sellers were. Some were indignant at delay. I told them, “It was my doing”. “I advised commissioner and you know that, in doing so, I have your interests at heart”.
Told Ihakara to allow the dying man to die quietly, don’t smother or bury him alive. Natives understood that I wished them to wait for the opposition to die out, meeting broke up.
I next heard that the block was sold. I could mention the localities occupied by the ‘hapu’s of Ngatiraukawa in the Rangitikei Manawatu block during the 7 years (between 1847 and 1854). I lived here but could not give precise boundaries.
I know Ihakara as a member of Ngati Patukohuru tribe. They were living at Te Awahou. That was principal residence and sometimes higher up the river, but below Moutoa, part of Whakatere, Ngati Pare between Patukohuru and Moutoa. Patukohuru had no possessions in Rangitikei Manawatu to my knowledge.
Court adjourned at 12.45 pm.
Court resumed at 1.45 pm.
Henare Te Herekau – sworn
I heard evidence of Parakaia and Hare Hemi Taharape about sale of Awahou block. It was correct.
Know Tawhirihoe. Remember dispute there in 1854. It was Ahu putting sheep on this side of Rangitikei.
We, Nepia and Ihakara, and we of Manawatu went to drive sheep. We applied for a summons for the owner of the sheep. Magistrate appointed a day for appearance of owner of sheep and he did not appear. We went to drive away the sheep, the owner did not appear. We tried to swim the sheep to the other side. While we were engaged, the owner came and we took the sheep to the sand bank and 50 were drowned, the greater left on this side. In the morning, we went to drive them and the owner came and promised to drive them to Wellington in a week. He took the sheep away at the end of week and paid us for their being on the land. That was the end of the dispute.
While we were driving them away, Ngatiapa were on the other side and wanted to send back the sheep. The attempt at leasing by Ngatiapa was thus frustrated and that was the end of the matter.
Miratama Te Rangi – sworn
Rangitikei. Ngatikahoro of Ngatiraukawa.
Heard evidence of Herekau about dispute at Tawhirihoe.
Xed by Mr. Fox
I was there.
Xed by Mr. Williams
I assisted to drive the sheep.
Hoani Meihana Te Rangiotu – sworn
Remember the beginning of the building of mill at Makowhai. Talk commenced at Moutoa on Manawatu. I was present. All Ngatiraukawa ‘hapu’s assembled. I was there listening. Spoke about mill stones of Campbell for Ngatiraukawa mill, taken to Makowhai on Rangitikei. Assented to by all. After this, the stones were taken to Makowhai.
Ngatiapa was angry, crossed to Makowhai and built a ‘pa’ and made a ‘waerenga’. Kawana Hunia and Rawiri came to me at Puketotara. Told me there would be mischief about the Makowhai mill. After this, went to Makowhai, I and others, about 10 of us. At Tawhirihoe, met Nepia and Ihakara and others going to a meeting at Taupo. We joined them and went with them as far as Makowhai.
At Awahou Rangitikei, found a letter from Ngatiapa requiring stones to be taken back to Manawatu. Nepia proposed to go on to Taupo and pass Ngatiapa’s pa at Makowhai.
I said, “don’t go to another place, leaving evil behind you, but let us turn off to Ngatiapa’s pa at Makowhai, settle this and then go on”.
We did so. They (Nepia and party) staid outside and we went to the ‘pa’. In the evening, Ngatiapa spoke to us and told us that they were not willing to let Ngatiraukawa build a mill at Makowhai but “let Ngatiapa have my mill on my own ground”.
I replied, “Ma Koutou tahi te mira, kapai” “don’t suppress Ngatiraukawa ‘ko to koutou, me tu’”. Not settled.
In the morning, Nepia and Ihakara and Kuruhou came to the ‘pa’. Ngatiapa opposed mill and Ngatiraukawa persisted. I urged that both should join. It was finally arranged that they should both join in the mill affair. Nepia went on to Taupo. The Ngatiapa were armed when they came over to Makowhai. Ngatiraukawa were not armed when they went.
On return of Ngatiraukawa from Taupo, the question of the mill was settled. I was not at the meeting, but heard of it.
Punipi Te Kaka – sworn
Rangitikei, Manga Mahoe, Ngatikahoro ‘hapu’ of Ngatiraukawa.
Have heard Hoani Meihana’s evidence about mill at Makowhai. I was at the ‘pa’ of Ngatiapa then on return of Ngatiraukawa from Taupo, meeting held at Parewanui. Ngatiraukawa went there. Nepia was present.
It was finally arranged that Ngatiapa should be associated with Ngatiraukawa in the matter of the mill. Mohi, of Ngatiapa, agreed about the stones. It was arranged that Ngatiapa should have one and Ngatiraukawa, that both tribes should find timber. Mohi to pay his workmen and Nepia to pay his. Mohi asked Nepia for some land to “homai tetahi reti moku”, as a means of raising money for mill. Nepia assented and let him have Kakanui to lease.
Nepia said, “kia toru nga tau e tango ara i nga moni, ka mutu”.
I did not hear what Mohi said.
This was for money for the mill, £60 per annum.
Xed by Mr. Fox
Knows it was £60 per annum. Nepia had £60 for the first year. Nepia gave me £2. Heard so from Nepia.
Miratana Te Rangi – recalled
Heard Hoani Meihana’s evidence about mill. Went to Ngatiapa’s ‘pa’ at Makowhai. Evidence of Hoani correct. Went to Parewanui meeting. Heard Nepia assent to Mohi’s letting a piece of land to raise money for the mill. He was to have 3 years rent. £60. His lease was to end at the 3 years. Mohi did lease it for 3 years.
Hoani Te Herekau
Have heard what Meihana said about mill at Makowhai and about lease permitted by Nepia.
By court
Was at Parewanui meeting. Kaka’s evidence as to what passed between Mohi and Nepia with reference to lease of Kakanui, correct.
Parakaia Te Pouepa – sworn
Heard about mill at Makowhai.
Heard that Ngatiapa and Ngatiraukawa were to be joint owners of that mill.
Heard of the arrangement between Nepia and Mohi about lease of land for money for the mill.
I saw Nepia shortly after. I went to him having heard of his letting Mohi have land to lease. Went to Rangitikei to ask him about it. I said, “have you allowed Ngatiapa to lease a piece of land?”
He said, “I have”.
I said, “that is what has brought me here, you didn’t say well”.
He said, “It is not a permanent thing, only for 3 years until £60 has accrued to be paid for the mill work”.
I returned to Otaki, displeased.
Hoani Meihana – recalled
Knows of a lease including the land claimed by Parakaia.
Mr. Cook wrote the lease. The land included in this lease was a block on the north of boundary of Awahou purchase, up to Whitirea. I joined in that lease. I asked Nepia to allow me to join in it. I, Nepia, Matene Te Matuku – Ngatiapa, Tamihana Te Kahu – Ngatiapa and another, a son of Matene Te Matuku, also Parakaia, Te Paratene, Te Roera Rangiheua and two of Parakaia’s people whose names I forget. There were 5 of us and 5 of Parakaia’s party – by ‘Parakaia’s party’, I mean those interested in the Himatangi side – by ‘us’ I mean those interested in the Omarupapaka side.
I was present at and saw the writing of the names to the lease mentioned by me. Ngatiapa wished to have a share in Parakaia’s side. Parakaia’s side were of Ngatiraukawa, Ngatirakau and Ngati Te Au. These objected to Ngatiapa having any share in the land.
Arrangement was that each party should divide the rent in each year. The rent for 1st year, it was £40, 2nd £50, 3rd £60 and so on, increasing £10 each year.
I know that I and Ngatiapa had no share in the rent for the Himatangi side. At first arrangement, it was Nepia who was receiving the whole. Parakaia would not have this and it was at last settled that he should receive for his side and Nepia for our side.
Xed by Mr. Fox
Mr. Robinson was the pakeha who hadthe lease. He had a previous lease including land on the Awahou block.
I was not a party to first lease. I never heard that Ngatiapa joined in first lease. I and Matene asked Nepia to be allowed. If Nepia had refused, we should not have ‘uru’ as was the case with respect to Parakaia. I of Rangitane and Matene of Ngatiapa. We went to Nepia because the land was once our ancestors. It was a matter of favour to us on the part of Nepia.
By Court
The lease was, I think, about 1861. Know of rent received 3 years.
Parakaia Te Pouepa – recalled
Remember lease of Himatangi. It was in 1861, to Mr. Robinson.
The south boundary was the boundary of Awahou block up to Whitirea. Wanted £60 but found that Nepia and Hoani had agreed for £40 and I consented.The next year, it was to be £50 and so on.
Matene wanted to join with me and I would not agree, “it will cause ‘raru raru’ by and bye”. Matene Te Whiwhi heard what passed. Hunia and others of Ngatiapa, pressed me to let Ngatiapa join. I refused because of the boundary of Rangitikei and of some of Ngatiapa having joined in a lease by Ngatikauhata. Paratene was there and he also refused.
I insisted upon an arrangement to divide the lease, “you have admitted the Ngatiapa to your portion and I therefore wish my portion to be distinct”. Nepia assented to this. I, Paratene, Pitihira, Te Roera Rangiheuea, Huai Te Raotea – these are Ngatiraukawa, Ngatirakau, Ngati Turanga and Ngati Te Au. One of these has since died (Paratene). Nepia’s party were Kuruhou (Ngatiraukawa) Matene. Tamihana, Hoani and a boy.
I objected to the boy and suppressed him. It was agreed that the rent should be equally divided between Nepia and me each year. I set up a ‘pou’ in 1861 to divide my portion from Nepia’s on the east side of Omarupapaka bush.
The boundary now claimed by me is on the east of that boundary. It was with the assent of Nepia that the rent was divided and that he received half for his party and left half for me and those associated with me.
Xed by Mr. Fox
The boundary was not fixed till 1846 but the land was in our possession since 1835. Only began to lease Himatangi in 1861.
Mr. Robinson’s sheep were on the land before 1861. He had a lease before 1861 from Nepia.
I went and got £5. Heard that the first lease was by Ihakara and Nepia and Hukiki. Paratene was not one.
There were no names of boundaries in the lease to Mr. Robinson in 1861 – was here in 1861. In 1850 was here and on Himatangi block.
Xed by Mr. Williams
The first lease included the Awaho block. Ihakara’s and Hukiki’s interest was gone on the sale of Awahou. I went to get part of rent and got £5. The whole rent was £15, besides the £5 which we got and then the sheep were allowed to go on it after.
Xed by Mr. Fox
Heard of a horse given for Omarupapako.
By court
Nepia got the horse. Don’t know from whom, for his horse. It was a ‘tapiri’ for Omarupapako. Don’t know of any cattle going there at that time. Heard of the horse for Nepia.
Roera Rangiheuea – sworn
Lives at Himatangi. Ngati Turanga, Ngatiraukawa.
I saw the lease to Mr. Robinson of land including Himatangi.
Heard the names of the natives given by Parakaia as parties to the lease.
Heard of the division of the parties and of the money.
I am of Parakaia’s side. It is true that Ngatiapa wanted to join in Parakaia’s side. Parakaia would not have it. Paratene said the same. I was present when the arrangement was made. It was arranged that Nepia was to take one portion and Parakaia the other – equal portions - £20 each.
Who were the persons associated with Nepia as parties? Nepia and Matuku – Ngatiapa and another Ngatiapa, Kuruhou – these are all I know as I did not see the writing.
I, Parakaia (same as Parakaia named) 5 in all, on our side. These in the list of claimants to Himatangi. ‘Rohe’ at Whitirea was fixed a long time since boundary between us and Ngatikauhata.
Xed by Mr. Fox
I was at Whanganui at the time of the survey and on my return saw the line.
Mihi Te Raotea – sworn
At Himatangi Manawatu of Ngati Rakau, Ngatiraukawa.
I know of the lease including Himatangi to Mr. Robinson. Don’t know year. Have heard Parakaia’s evidence about that lease. All he said about lease is true.
By court
The first talk about the lease was at Te Awahou. I was present on that occasion. The lease was signed on that occasion. I and Parakaia, Paratene Pitihira and Roera, and Nepia and his party, Matene Te Matuku. Matene and Parakaia had conversation. Parakaia objected to Matenes coming to our side.
Court adjourned at 5.20 pm till tomorrow.
