Tuesday 18th October 1881
Place – the same Present – the same
23 Pahianui – continued
Hema Te Ao addressed the court.
J. H. Wallace addressed the court.
The court stated that it would consider before giving judgment.
On resuming, the court finds that the claimants namely
James H. Wallace (Hemi Warahi) and Ria Piripi Rangiatahua
Are the owners according to native custom.
Mr Carkeek applied for survey lieu £4.4.0 – Granted
It was ordered that the names of
James H. Wallace (Hemi Warahi) h.c and Ria Piripi Rangiatahua
Be entered in the register as owners according to native custom of the above named block
Fees charged
Hearing - £1.0.0 Order - £1.0.0 Witnesses - £0.12.0 Clt - £1.0.0 Total - £3.12.0
The above judgment of the Pahianui block was delivered on the 27th day of October 1881.
Xed by Hoani T.
Kipa Kerekere – sworn
I live at Otaki. I belong to Ngati Maiotaki hapu of Ngati Raukawa. I am one of the elders of that hapu.
I know the land before the court. I have a fence on the eastern boundary, it is mine. I took possession of it. Te Kingi and Matangi had the mana over this. I belonged to their hapu. Te Kingi belonged to Ngati Maiotaki. I worked on it.
Prior to the fight at Haowhenua, Hapupu occupied the piece adjoining mine. The land was Te Kingi’s. i believe that my piece is included in Te Rikihana’s survey.
I am still occupying my piece. The survey runs takes in part of my fence. My cultivation and fence run up to the bush. The part of my land included in Te Rikihana’s survey is inside my fence. My land is broader at the south than at the north.
The piece Rikihana claims was formerly mine. The migration (heke) cultivated it for two years then Te Kingi took it away. I took my land away from Te Kingi. Both Wiremu and Hapimana worked on it when Te Kingi took the land. The [art c;ao,ed bu Te Rolojama was [art pf the ;amd O tppl frp, Te Lomgo/
It was the second migration that Wiremu Te Manewha came onto the land. It was I that returned that piece to Wiremu Te Manewha. No one disturbed Wiremu and my occupation. It was since Rikihana’s time that trouble began about for years ago. We had land marks of posts prior to the four years. It is about the third year that Rikihana have had a division fence – it was my fence.
Rikihana did not object it.
Alsdorf made the first survey for Rikihana and myself. Mr A. Carkeek afterward surveyed it.
Wiremu and I put up the boundary post. The narrowest part of Te Rikihana is at the south boundary. Te Paki’s piece adjoins mine. It is on the western side. No one cultivated on the open land on the south end.
I objected to Te Rikihana cutting the timber without leave. Rikihana discontinued cutting timber. Tewiata and others were present when I objected to him. Afterward Tewiata Hekiera, Rikihana and others asked me to allow them to saw the Matai trees to build a house for Rawiri Te Wanu.
I did not consent.
They did not cut any timber on this land. The post was put in near the northern boundary close to the road.
Xed by Tiemi Ranapiri
I know the post mentioned. It is near the creek on the north. It was a dividing boundary between myself and Wiremu. Our boundary commenced at that post and went down the south side. That post on the south end was on Wiremu’s piece.
I was Te Kingi’s superior at that time. Ngati Toa gave this land to Te Kingi. What I mean is that I am a relative (son) of Te Kingi. He is above me. I cleared the bush on this piece prior to Haowhenua. I was living at Raukawa at the time when I cleared the bush.
Te Kingi did not tell me that I had no right to the piece. Rikihana did not object to my fence. He did cut some of the trees but they were for our fence. I am not aware that Rikihana sold trees off this land to Cootes.
I saw you cultivating on Wiremu’s piece planting potatoes. I cannot say how many years you worked on it.
Re-exed by Hoani
It is through Rikihana shifting the north boundary that I go back to the original boundary between myself and Wiremu. Prior to the late war, we erected the marks mentioned.
Tewiata – sworn
I live at Otaki. I belong to Ngati Te Horu hapu of Ngati Raukawa.
I know the piece before the court.
Part belongs to Keepa and part to Rikihana. That part on the plan showing as overlap belongs to Te Keepa. I have seen him working there a great many years and up to the present time. Part of Rikihana’s is included in Te Kingi’s on the eastern side. I have erected a fence on Rikihana’s piece. He was with me. The fence adjoined Hekiera’s. It was near the bush. Rikihana wished to take the fence to Kepa’s boundary but I told him that to do so thatKepa would break it down and we would not have any food.
The trees on this piece were cut down for fences on this piece. Kepa would have objected if we had taken the timber any where else. Rikihana, myself and others cut Matai for fences but they were not on this piece.
Rikihana and Kepa have quarrels about their pieces because Te Kepa’s piece was wider at the south end.
Alsdorf’s survey made before the fences were erected, the present survey was after – Te Kepa rose up Asldorf’s map.
Xed Teimi Ranapiri
Hekiera’s fence is on the original boundary. My statement is a correct one Te Kepa is wrong about the boundary.
I did not inform Rikihana that part of his piece was included in Te Kingi’s. Wiremu’s house is on rikihana’s piece and not on Te Kepa’s.
Hekiera Wharewhiti – sworn
I live at Otaki. I belong to Ngati Moewaka hapu of Ngati Raukawa.
I know the piece on the plan before the court. Part on the east side belongs to Te Rikihana and part coloured green belongs to Kepa.
I have seen Kepa working on his own also Te Rikihana on his own.
I saw the first falling of bush on this land and also saw them cultivating it. I saw the boundary marks when the bush was fallen. The present is the dividing fence. There was no fence before that. It is about three years old. I erected the fence from the creek nearly up to the bush. Tewiata and Rikihana continued the fence on to the bush boundary on Kepa’s. No one objected to the fence I erected. Rikihana was present. He did not object. We cut timber on Kepa’s piece with his consent.
Tiemi Ranapiri
I told Rikihana at the present time that I was afraid of my fences that he must not be hard with me.
I heard Kepa’s evidence. His statement in regard to boundary is wrong, mine is correct.
Xed by Hoani
It was at the present court that I tokd Rikihana about my fences that is. I was afraid that he would keep it, if he proved his title to this piece.
Counter claimants case closed.
Xed by Tiemi
Wiremu Te Manewha – sworn
I live at Manawatu. I belong to Ngati Huia hapu of Ngati Raukawa.
I know the land before the court. Part on eastern side belongs to me. The fence running down the middle of plan belongs to Te Kepa. My piece is the same width at both ends. The fence is on my piece. I took it prior to Haowhenua. I cleared part of it.
When I returned from north (Waikato), Keepa did not interfere with me. Te Kepa and myself put down the boundary there were about six persons present. No one disturbed our occupation on this piece. I do not approve of Te Kepa’s fence because it is on my piece but if it was on the boundary I mentioned it would be right.
Xed by Hoani T.
I have been on the piece to look at it. There are Kohekohe trees on the upper boundary. It belonged to Te Kingi and Rangiwhaea.
I was the first who cleared the bush. Te Kepa cleared his own. We all worked together. It was prior to Haowhenua that we cleared it partly. No person has ever taken mine from me not even Te Kingi.
I say again that my ground was the same width at both ends. None of mine was included on Te Kingi’s but part of Kepa’s was. Part of my house is included in Kepa’s claim. The boundary were laid down between myself and Kepa. I and my brothers and sister in laws had dividing fence but I cannot say what year the fence was erected on my own piece at the place where I and Kepa marked it out. Te Kepa cultivated there when I went up north. I did not cultivate in the bush. Rikihana and others did.
I was there when Ngati Kahungunu were living on it. I have worked on the piece claimed by Kepa.
I have heard that Te Kepa worked on it. When I hear of it, I objected. It was at the present time. I never heard before that he was working on it. Myself and Kepa put the first post in near the creek, the second in the middle in the western boundary.
Kingi and Rangiwhaea gave this land to Te Hapupu. He gave it to us. Te Kepa worked there before I did. All of the piece before the court, I own.
I only cultivated from the creek to the middle of the block. I grew wheat on it. Kepa grew wheat on his own piece. My field was the largest.
It was at the bend of the creek that we put down our northern boundary post and the Kohekohe is the mark on the southern end.
Rikihana Te Tarure – sworn
I live at Otaki. I belong to Ngati Koroki hapu.
I know the piece before the court. I cultivated on it. It was in 1853. I am still in occupation.
It was Tewiata and myself who laid down the eastern boundary. The second line on the plan is my western boundary which is a straight line to my northern peg but it is a little wider at the north than at the south end. The second line on the eastern side is Te Kepa’s boundary which I dispute. He never objects to me on this piece. I objected to the fence being erected by Hekiera. Te Kepa and Hekiera erected that fence. I told Kepa that it did not matter as they were all cultivating food for Te Huperi.
I worked in the bush. Some of the Matai trees, I sold to Dr Hewson and Cootes and I split fencing for my town residence. Kepa did not object to me doing so. I am still cutting firewood there on the part on the north side.
I cultivated in 1860. I branded two of the Matai with my name. They are still standing. I am still cultivating on it. In 1855, we built Wiremu’s house, part of which is included in Kepa’s piece. I have also a house on it.
Xed by Hoani T.
Te Kepa worked on it in 1879. That is the first time I saw him working there. He was erecting his fence at that time. I did not know what right he had there. I did not object because he and ourselves were cultivating food for a feast.
Kepa and I have had quarrels about our boundaries. The first was at the time we cut the timber for Rawiri’s house. We had disputes prior to the erection of the fence by Hekiera.
I did not refer to the Maori committee. I left it for the Native Land Court to settle.
Re-xed by Tiemi
When Kepa erected the fence I told him that I would not object because we were all cultivating for Te Hupere.
Xed by court
Kepa saw me cutting down the Matai he cleared that I sold some to Dr Hewson. He asked me if I had done so, I said yes.
Kepa never split or worked Matai on this block. All that he had was off another block. When the land was surveyed, Kepa was present. When I laid my western boundary down he did not object. We were with the surveyor. My western boundary was not chained by the surveyor.
Rikihana’s case closed.
Hoani Taipua addressed the court.
Tiemi Ranapiri addressed the court.
Ngakaroro No. 3
In the matter of Ngakaroro No. 3 – the court finds that the Ngati Huia hapu are the Ngati Huia included in Ngakaroro No. 2F and that the 16 persons of the Ngati Kauwhata are excluded from the Ngati Huia hapu – (continued page 216).
224 Manawatu Kukutauaki No. 7D
Claim of Hapi Te Rangiwhata for the subdivision of the above named block.
Case called – Withdrawn.
Court adjourned till tomorrow at 10 o’clock.
