102-108
Thursday May 1st 1873
Place – the same Present – John Rogan Esquire, J. H. Smith Esquire –Judges Hemi Tautari and Hare Wirikake – Assessors
Waikawa or Manawatu Kukutauaki No. 4 F
James Ransfield applied for the order in this case.
Judge Smith said that the reason for his absence during the last fortnight was the preparation for a sitting of the court at Whanganui and that the cases commenced during his absence and still incomplete would be concluded by judge Rogan. In any new cases he would resume his seat on the bench with Judge Rogan.
Judge Smith then retired from Manawatu Kukutauaki No. 4 F.
James Ransfield handed in a list of names for which he applied for a certificate in his own and the names of others.
Hare Hemi said this piece was cut off my land for the purpose of giving Ransfield a separate certificate.
Objectors called for.
Court decided to make an order without restrictions.
Ordered that a certificate of the title of
Tiemi Ranapiri h. c, Tape Ranapiri h. c
Be made and issued to the governor when the said parties shall furnish a proper survey thereof – without restrictions – estate to best from today.
Fees charged
Hearing £1 Certificate £1 Crown Grant £1 Total £3.0.0
Totara or Manawatu Kukutauaki No. 7 I
Tracing produced.
Charles Henry Simmons declared that he would speak the truth.
I live at Manawatu – am a grazier. I have lived in the neighbourhood of Foxton about 32 years.
I know the claim called Totara – about 1850 I was placed on this block by Nopera Hukiki and others because I was burnt out at Oturoa. They consented that I and my family were to reside there. I do not know whether any of my family were born there. The counter claimant was born there.
After I had been there some time the ground appeared to belong to Hukiki and Te Paea. Hukiki was who gave me the land on account of my wife. I was to pay him a certain sum of money for quiet possession of the land. He took part of the money over a period of two years. The sum paid was about £90, cattle was given as well to Roera and his father. This was given for quiet possession to be divided between the heads of tribes. Nepia had some and Rangihaeata had some.
The boundaries were marked out. No deed was made as the natives then could not write generally. Some of the papers have been burnt. Mr. McLean and superintendant told me that I may leave this matter with confidence that my interest would be safe.
Hukiki went to the superintendant at Wellington to inform him on what term I was on the land – that the portion to be allotted to me would be from 100 to 150 acres. Some of the old men wish as Aperahama and relatives of Nepia will be able to establish my sons claim.
Kurahupa – said he would speak the truth
I live at Manawatu and know Totara – the land before the court. It is Hukiki’s. Nepia and the old men wanted to go to Hukiki and came to me to be taken in the canoe.
We went to Foxton to the house of Simmons. We found Hukiki had arrived. He commenced to talk to Nepia and Kuruhou that the land should be given to the mother of the counter claimant who was his relative as a permanent place of abode for her. Nepia and Kuruhou consented to Hukiki. Proposal – at the end of the talk I saw the witness Simmons pay £9 to Hukiki. Hukiki gave Nepia £4 but he returned it to Hukiki as the owner of the land.
That is all I saw and know.
Tarapuhi – sworn
I live at Rangitikei.
I know the land known as Totara. It is Hukiki’s. I was aware of Hukiki’s inviting Nepia and Huruhou to Totara. They went to give the land to (witness) Simmons.
I substantiate the statement of the previous witness. I heard from these men that they want to give the land.
Kapukaihe – sworn
I live at Otaki and am a Ngatihuia.
I know Totara. Ngatihuia is on one side Ngatipare on the other. Hukiki is the principal person on one portion. I know the sale to Simmons. Matene Te Whiwhi was the assessor at the time.
The first purchase was by Wakefield. Whatanui brought him to Manawatu. Wakefield gave the natives a quantity of goods and money. In consequence of that payment Simmons lived at Oturoa. Hukiki sold it a second time. Te Whiwhi was the magistrate present on that occasion. Hukiki asked £200 for this land. The money and goods were in the hands of Mr. Robinson. No survey had been made at that time. It was sold to Simmons. This £200 included a large area of land – Oturoa. I did not see the payment of the money. I was dark about the sale of Muhunoa and stopped the sale of it and Totara too. In consequence the money for the latter sale was not paid.
The reason for our assembling at Oturoa was because of Whatanui’s interference. He wanted it for himself. The arrangement of a dividing boundary between Whatanui and Hukiki was also discussed to enable Hukiki to sell a portion to Simmons.
I believe this land was sold by Hukiki to Simmons and became the property of Simmons. I consider the court would be fully justified in giving this land to Simmons. It was sold to Simmons. Hukiki was not a mean man. He was a seller of land.
Harry Simmons Junior – sworn
I live at Rangitikei.
I know this land Totara. I was a child at the time of giving this land.
What I know is what my mother told me relative to the claim of Simmons. She said this land was given by Hukiki to me and my father. They were relative that he gave Hukiki £4.10.0. It was the first money paid. I do not know what was paid subsequently. Any other ------ is simply what I have heard from my uncle and the same. My mother is an old woman and unable to attend.
Counter claimants case closed.
Roera Hukiki – sworn
I live at Muhunoa.
I have heard the statements of counter claimants and witnesses. I am the son of Hukiki and have never heard of any sale of this land by him. I only now am aware that my claim is disputed on account of a sale by Hukiki to Simmons. I know nothing about a sale. Had this land been sold when it was legal to sell land, I should have heard of it.
The old (first) sale was made stealthily by my parent. There were no papers. Nepia Kuruhou and others sold it stealthily. It is usual for Europeans to have papers when purchasing lands but there are none in this case. The deed of sale of Manawatu by Kuruhou, Nepia, Ihakara and others is in existence. Their names are on it. Wakefield was the purchaser. These purchases were satisfactorily concluded with Wakefield.
I never knew or heard that Totara had been sold. Possibly it was given to Hukiki’s sister – Hinepororangi.
The witnesses called by counter claimant say that Hinepororangi is Hukiki’s sister. I do not know that Simmons was placed on Totara because of the word of Rangihaeata at Oturoa should be burnt. Oturoa was sold by Whatanui to Simmons. Rangihaeata said these places should be burnt and the pakeha’s driven to the other side of Manawatu. Ngati Huia burnt the houses at Oturoa. Simmons then asked Hukiki to give them Totara. Hukiki consented and the money was paid £4 to Rauki the mothers of counter claimant. Rauki gave it to Hukiki. My father and I gave that money to Rangihaeata to appease his wrath.
Case dismissed as regards the counter claim of John Simmons.
Other objectors challenged
Hoani Taipua said he was a claimant and thought he and Roera might come to an arrangement if they were allowed time.
Court adjourned for an hour.
At 1 pm the court resumed.
Totara No. 2
Hoani Taipua said we have agreed to the names for the certificate.
Roera Hukiki said I can describe the boundaries or lands are on one side, Taipua’s land is on another side. There are about 206 acres in the piece. We do not want the title to be restricted.
Court decided to order a certificate to Roera Hukiki and others.
Ordered that a certificate of the title of
Roera Hukiki, Rutu Roera, Henare Roera, Hoani Kuiti
Be made and issued to the governor when the said parties shall furnish a proper survey thereof – without restrictions and that the estate to best from today.
Fees charged
Hearing £1 Certificate £1 Crown Grant £1 Total £3.0.0
Muhunoa
Nerehana Te Paea said we have arranged about the division of this land and for the names to be in the several certificates. Lists handed in and read.
Case adjourned until tomorrow.
Ohau
Hare Hemi handed in list of names for certificates in this land – names read.
Case adjourned till tomorrow.
Court adjourned until 10 am tomorrow.
