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Thursday March 26th
Court sat at 10 am
Present – same judges and assessors
Pahianui no4 – Te Rauparaha (continued)
Pipi Katea – sworn (called by Tamihana) – lives at Manawatu – mother of Tuhourangi – father of Ngatiraukawa – (hape) lived here till married and then went to Manawatu about 15 years ago – I know the land Pahianui – this land belonged to Te Akau who was my mother – she was Hape’s wife and my mother before she became Rauparaha’s wife – the land belonged to Te Whatanui – he gave it to Te Huirae and Tuahau – a year after Te Tuahu went away and left it to Te Huirae – Te Huirae said to me “to whenua” gave it to me and Te Akau – Pene was there – a year after Te Tuahu left, the land was given to me and Te Akau by Huirae – while I was here Natanahira had no cultivation or house on the land – a small piece was given to him to cultivate by the sister of Te Akau – Ururoa had no cultivation or home there while I was here – when I left, Tamihana and Ruta only were cultivating – don’t know about south boundary – there was a fence there when I was here – that fence was put up by Tuhourangi and Ngati Tuara by direction of Tamihana – this was just before I went to Manawatu – the land is now
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Amihana’s – ‘kaore e wehe wehe to maua korero’ – the Tuhourangi would not have said anything to us in former days they would have done as they were told – for Te Akau and we were their chiefs – Pene is ‘pana’d’’ by me now because of his ‘korero whakapehapeha’ – don’t believe that Te Tuahu thought of returning – it is not [unknown word] about his sending to look after it after he left – Te Huirae and Te Tuahu made the first ‘waerenga’ and in the second ‘waerenga’ Rauparaha ‘uru’d’, Te Huirae ‘whakahau’d’
Cross examined by Natanahira Te Waro – when Te Tuahu left, his ‘mama’ ceased. It is true that the ‘waerenga’ was his and that he left – there were temporary houses of the people – never saw you cultivating.
By Mitai – Te Rauparaha went to cultivate Pahianui because Huirae was his ‘taokete’ – Whatanui was a son of Hape’s sister Pareraukawa
Piripi Te Rangiatahua – sworn – Otaki , Tuhourangi and Ngati Whakaue by mother Ngatiraukawa by father – born at Rotorua – know the land – was present at survey – the first ‘waerenga’ was by Te Tuahu and by me – I came with him the second clearing was by Te Ruaparaha and myself – it was not Huirae who gave, the ‘mana’ was mine – Rauparaha came to me – the land was Rauparaha’s – he went to Porirua and
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Left me in charge and came back to Pahianui – it was at [Haowhenua] – Te Tuahu was of us, he had a portion and we a portion – It was Te Rauparaha who gave the lands to Ngatiraukawa – Te Tuahu had come when the Ngatiraukawa took possession and he ‘uru’d’ with them – we (Tuahu and part) went to take our piece at Pahianui – in 1840 you and Ruta were cultivating at Pahianui – there was a fence between the piece you cultivated and that occupied by Te Tuahu’s people – fence was put up by Tamihana and Rauparaha ‘tangata’ of Ngati Apa ‘Ngaitahu’ [cross checked] – not Tuhourangi – this was a division between Tamihana and us – Te Akau and party – the fence was put up before Rauparaha death – at the time of the laying out of the township – the surveyors line goes on the line of fence [sturups] of the fence are still standing - that fence was our fence mine and Natanahira and Horohau and others of Ngati Kea who came to Te Akau - I and Horohau were the 'Rangatira' of the 'mahi' - Natanahira was present at the survey - he had nothing to say about yours but only about ours - (disputes about Pahianui no2) - Natanahira helped with the survey - we drew the chain on this line as a boundary - he did not tell Swainson that he had any land there - Pene Te Ruapuia was not there - he was at the [H]
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you were not present at the survey - I fetched you from the Horo - your place
cross examined by Natanahira - Pahianui belonged to Rauparaha - his own - he gave it to me and Te Tuahu - he 'tua'd' it - so of Tuhourangi and I 'tua'd' our side, when they left, left it to me and Te Horohau, and Rauparaha and Tamehana - Tamehana first cultivated on the death of father - he went there at the 2nd clearing - Rauparaha had cultivated long before he was taken by the 'pakeha' - Pene did not cultivate here but in Hokipera's piece - did not see him at Pahianui - 'kua riro te mana i a Rauparaha i muri o te taiepatanga' - did not see a house of Ururoa's in the land claimed by Tamihana - did not see a house of Hamiora's on that land did not see a house of Eraia - saw a house of Horohau on the piece near the river
by court - Natanahira drew the chain
Paranihia Te Tao - sworn
live at Porirua - of Taranaki - widow of Rauparaha - Pahianui belonged to Rauparaha - he 'tua' the 'waerenga' there, before Haowhenua, burnt off and planted and then returned to Kapiti - know the year when Mr. Williams came - 1840 Mr. Hadfield had came when Te Rauparaha began to cultivate - had been many years - on the return from Auckland (1848)
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we went to Pahianui to cultivate, Rauparaha had [on] my 'tangata' at that time - Ngati Apa, Ngaitahu and Rangitane - I was here when Rauparaha died - there was a fence at the time - a fence dividing (A-B) - did not see a fence on the north - the Tuhourangi and Ngati Tuara cultivations were on the east - I left and went to Porirua on being married to Horopapera Pukeke - that was while you were in England - I was at Porirua when you came back
cross examined by Natanahira - the fence A.B was partly Te Tupe's of Ngati Awa ([Parawhia's] party) and partly mine - I did not see you when we came back from Auckland -
Ratima Potau - sworn
Porirua - Ngati Apa - I know the land on the plan - plan shown to witness - I have seen 'taiepa' A.B - I helped to renew this fence - this was after Rauparaha's death - it was done partly by me and partly by Tupe - Tamihana sent me to do this - after the fence was finished went to Te Rekereke - Potau was my father - he was living with Te Rauparaha - mother was then living both parents are dead - lived several years at Te Rekereke and then went to Porirua at that time the land was yours 'ki toku mohio'
By court - I saw Te Rauparaha and Tamihana
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cultivating - did not see Tuhourangi or Ngati Tuara cultivating there - I was a child in the year of [Haowhenua] - Rauparaha occupied that year by clearing and planting - went to Kapiti and left Piripi in charge - came back and cultivated again at same place -
Henry Frances Eagar - sworn
a settler at Otaki - living with Tamihana - I arrived here from Sydney in 1854 - that year I bought wheat from Tamihana which was grown at Pahianui - about 25 or 30 bags - 3 1/2 and 4 [bushels] - I and my father came here - storekeeper in 1856 - Te Tupe came from Waikanae and cultivated the land claimed by Paranihia - there used to be fences running from B C - the land between that and the river was occupied by Te Marua who was a slave of Te Rauparaha - that is where the house was - I know the land Pahianui while here - I was constantly going about and after saw this land and the cultivations - there was a boundary fence on the west side of the land - a boundary between Raharuhi Piripi - Raharuhi and that party - the east was the boundary to Te Peina and that party - there was a fence on the west side - during the years 1854 - 1855 - 1856 and on my return from
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diggings they were still working - Tamihana is the only person I saw working the land as his own - I saw only cultivation with the plough - saw you and Te Hopua at work - no strangers - I am quite sure that I saw three crops taken from the ground by Tamihana - I never saw any house on the land at Te Marua - the people who occupied the sections on the north had there some temporary houses on the ground - they cultivated to the north of the fence - the land was all under cultivation
cross examined by Natanahira
have not seen you cultivating by yourself - you may have come with Ruta's people to help in the work
case for defence closed
court adjourned at 1.15pm
court resumed at 2.15pm
Hakaraia Te Matehura - (objection to south boundary of Tamihana claim) - sworn
of Otaki - Ngati Pare - Ngatiraukawa - claim the land south of fence A.B - A.B and B.C are my boundaries - the fence B.C is a fence which was put up by us, by me and Te Matia, it is not a boundary but was put up to protect the 'mahinga' on the west - the land belonged to Te Paneiri - it was given by him
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to Matiu, Ngaihi, Tawera, and Tuawahia - they are at Heretaunga Hawkes Bay - I have always cultivated up to the fence A.B - Tamehana claims Te Pareiri's land because Te Marua cultivated it in 1854 - it was left long before - I claim Te Pareie's land and Tamehana claims it - the wife of Mama was Pipi 'pononga' and Te Marua was a 'pononga' of Tamihana's - Paranihia was asked by Pipi to let her 'pononga' have a piece of land and Paranihia consented saying "I will give permission to cultivate but the land is still mine" - Paranihia was the wife of Te Matia and the land was left to her and her husband by Pareiri when they went away - Te Marua cultivated till 1856 and then Paranihia considered that the land returned to her - Tamihana's cultivation was restricted to the portion within A-B-P. he did not cultivate between that fence and the river - Paranihia was the wif of my father's 'tuakana'
further hearing adjourned till tomorrow at 8pm
(continued pp 378 this book)
court adjourned at 4.15pm to 8pm
court resumed at 8pm
Pahianui no3 - Hakaraia Te Matehura and [?]
Hakaraia - appeared - land surveyed by Mr. Swainson
George Frederick Swainson.L.S - sworn
produced plan of claim - usual evidence
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as to plan a survey - employed by Hakaraia - boundaries pointed out by Hakaraia except A and D this was fixed by myself with the consent of Tamihana who claimed B - it was - the plan does not show the whole of Paramihia's claim - a portion of her claim is excluded to the north of AD (pencil) - boundaries as shown are marked on ground and rules observed
Hakaraia Te Matehura - sworn
recognise plan - Otaki - Ngatipare - Ngatiraukawa - have seen survey - I claim this land - I wish this land to be granted to Paranihia and Kipa only - the others interested are [sketch]
joint owners of Pahianui no3
(evidence of Hakaraia Te Matehura)
Hakaraia Te Matehura
Paranihia Te Whawha
Te Moroati Kiharoa
Hoani Taipua
Kipa Te Whatanui
claim this land as belonging to us the family of Te Whatanui - when Whatanui died he left it to Paranihia his 'tamahine' I am a 'tamaiti' of Paranihia I have
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seen Paranihia cultivating this land and have cultivated with him and the others named by me - those boundaries on the plan were shown to me while the 'kaumatua's' were alive by Paranihia - by Te Matenga, her husband, and others - this land has been cultivated by us from the first coming of Ngatiraukawa - the side next [to] the river we cultivated before Whatanui's death - the side next [to] the 'ngaherehere' was Te Whatanui's and he left it at his death to Paranihia - we have occupied it up to the present time - no one disputes our ownership - 'he tautohe to maua ko Parata ki tetahi wahi i te whenua' - on the north side of the 'ngaherehere' south east bondary - I suppose it is settled because my pegs have not been removed - Parata was not at the survey - Manahi did see it, he is a joint owner of the piece claimed by Parata - Te Hira also - he saw the pegs after the survey - Parata lives at Otaki - Parata owns the land on the south east of my claim - it was explained to witness that the court could not deal with the portion outside of his claim referred to by Mr. Swainson and that the boundaries as shown on the plan must be considered as bounding his claim. The persons named by witness as interested were called and stated
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that they were willing that the certificate should be ordered in favor of two named by Hakaraia and that the land should be for Paranihia and her 'mokopuna'
Moroati Kiharoa - sworn
Moutoa - Manawatu - Ngati Pare - Ngatiraukawa - knows the land - corroborates evidence of last witness - there are several 'mokopuna's' of Paranihia - her children are dead
The evidence adduced before the court was not sufficient to enable the court to comply with the 17th clause of the native land act 1867
It was ordered that a certificate of title of
Paranihia Whawha and Kipa Te Whatanui
to a parcel of land at Otaki containing 38 acres and called Pahianui no3 be made and issued to the governor
the court to recommend restrictions on alienability
fees demanded
[?] £1
Cert £1
cr Gt £1
=£3
court adjourned at 9.30pm till tomorrow
