More Info →3 July 1867

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Wednesday July 3^rd 1867

The court resumed sitting at 10 am.

Present – same judge and assessors.

The court gave judgment in the case of Horomona Toremi after putting the question whether any one objected to the grant to the persons named by Horomona.

It was ordered that a certificate of the title of Horomona Toremi and the grantees proposed by him (A) (pp 11 in this book) to a parcel of land at Otaki in the district of Otaki containing 16 acres and known by the name of Te Roto Whaka hoki riri be made and issued to the governor if within 3 months the said Horomona shall furnish a proper survey thereof.

It was further ordered that the presiding judge do report the opinion of the court that it is proper to place the following restrictions and conditions on the estate to be granted in the above named block ie that the land shown therein comprised shall be inalienable or by sale or mortgage or by lease for longer than 21 years.

Fees demanded Invest £1 Ex plan £1 Cert £1 Total £3

Paid same time - £3 – 0 – 0 T. H. S July 3^rd 1867.

Te Waerenga West – Natanahira Te Waru

Natanahira Te Waru – Sworn.

Am of Ngatiraukawa. Live at Otaki. The land claimed by me has been surveyed. I produce a tracing – Mr. Hughes surveyed it. He is not present. Nga Hora disputes my claim. The land belonged to Ngatiraukawa. It was the land of Tonini – a Ngatiraukawa and Te ReiPaehua Here Kana. The land belonged to the 3. Ihaia Pitaka and Raharuhi Te Hapoki bought it of these three persons and gave 3 cows. I can produce witnesses to the sale. Ihaia is in Port Jackson and Raharuhi is dead. They were ‘taokete’. Ihaia is my ‘teina’. Ihaia’s cousin was Raharuhi’s wife. Rina is her name. She is my cousin. When Raharuhi died, he left the land to me and Te Akau – a cousin of mine. Ihaia is also my cousin – geneology. Reupena Te Kairangi is an opposing claimant. I have not cultivated it. He was told to cultivate by the ‘tungane’ of Te Akau – Te Keho is his name. Horomona has cultivated it 4 years and has ceased. Te Keho had the right to do this because his were the cows – his and the others (Ihaia and Raharuhi). Te Keho is at Rotorua. I represent them.

Reupena Te Kairangi appeared as a counter claimant.

Stated that a portion of his land was included in the claim of last witness. I wish my land to be investigated. Have not sent in an application. Wished my claim to be heard on Natanahira’s application. It is a question of disputed boundary. I did see the survey but I saw the surveyors’ pegs. They are still there.

Rapana Te Waha appeared as a counter claimant to a portion of the land claimed by Natanahira. Not the same as that claimed by Reupena. Natanahira’s claim as marked on the ground by the surveyor takes in a piece of my land. I appear to contest the boundary claimed by him.

Further hearing postponed for the production of a proper map showing the disputed boundaries.

Claimants and counter claimants told that if such a map were produced during the sitting of the court, the case would be heard otherwise it would be adjourned to a future sitting of the court.

(for continuration see pp 87 this book).

Town Sections at Otaki – Topi Te Kahuwhara

Case called – claimant called – No appearance.

Karanama Te Kapu Kairohi appeared on behalf of claimant (who he stated was at Taupo) – to ask for adjournment of hearing to a future sitting.

Adjournment granted.

The court rose at 1.30 pm and adjourned to 2.30 pm.

Town Sections in Otaki – Matene Te Whiwhi

Matene Te Whiwhi – Sworn.

I am of Ngatiraukawa and live at Otaki. The land claimed by me is a portion of the Otaki township. It has been surveyed by Mr. Knight. There are opponents. The site of the township belonged to Ngatiraukawa. About 20 years ago at the suggestion of the Bishop of New Zealand and others. We (the people of Otaki) set apart a piece of land as a township. It was marked off and subdivided into ¼ acre allotments by Mr. Fitzgerald who was sent by the government at our request. These were allotted among the persons interested. The tracing I produce shows the township as laid out by Mr. Fitzgerald (tracing produced). The allotments are a quarter of an acre each. The quarter acre lots No. 65 to 68 were allotted to me at first. We used to have meetings to arrange the apportioning of the allotments. Mr. S Williams proposed the arrangements and we agreed to them. No. 68 was allotted to me. No. 67 to Arapeta Hauturu, he is alive and present. No. 66 was given to Ihaka Te Apu, he is alive but is at Kaikoura. I take what he has abandoned. No. 65 was allotted to Hona Whakaka, he is alive. I claim his portion. Hona Whakaka is a slave taken in war from Ngaitahu. Ihaka was taken at Taupo as a child. His tribe was connected with Ngatiraukawa. No. 64 was given to Paraone and No. 63 was given to Peni Peni Te Aunui who had 63 proposed to sell it to me. I gave him a cow for it and he left it. Paraone did not care to keep his and I took it. These two are both living. I do not know whether they would acknowledge that these pieces are now mine. Enoka Te Puehu had the pieces No. 62 and 61. They were deserted by him after a time. He occupied them at first and built his house there. A native house. After the house was pulled down and the fencing taken away by him the place was deserted and left to the pigs.

I sent Koroheho to him to ask for his pieces and he sent back word by him that he did not wish to keep them but left them to me. I afterwards saw him and he said the same. He is dead. He has a son Moihi Te Humu. Korohoho is living.

Rawiri te Wanui, Pita Te Pukeroa, Te Kepa Keri Keri and many others can give evidence as to the original owners of the land which is the site of the township. All persons concerned agreed that the town should be laid out. I do not know whether there are any documents showing the assent of these owners.

Court adjourned at 4.30 pm till tomorrow.

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