Thursday 20th April 1876
Court opened at 10am. Place the same. Present the same.
Maungahanene No.1
Counter claimant
Mihipara Tatana evidence __ I claim to be admitted because my grandfather had a house and cultivation on this land near the centre, he commenced his occupation when first the Ngati Raukawa came when the Ngati Huia Parekowhatu occupied the adjoining pa he lived there for a long time. I have not lived there myself. Afterwards my mother Parekowhata said Rakapa was to look after the place for me and she took possession of that and other places belonging to my mother, she was my sister.
Then Tauteka surveyed the land Rakapa objected, I didn’t see the land surveyed. After the court at Waikanae I went on to this land intending to cultivate it, I chopped down some cabbage trees Matene came over and asked me not to create any disturbance that it was all right that Tauteka Rakapa had had the survey made. When I heard that Rakapa had a hand in the survey I did not say anything more thinking it was all right.
Cross examine
I only claim this place of my fathers because Tauteka __ the only one who came out of the pa and lived, cultivated and worked the flax, I don’t a general __ __.
Manahi Te Hema sworn.
I belong to Ngati Huia and live at Otaki, I know this land I know Mihipara she has an interest in this land through her grandfather’s occupation. I have seen him there, I lived with him there, we had not cultivation we worked at the flax for the purpose of training. The Ngati Huia who went to eat these cabbage trees down. I went to the survey at your request.
Cross examine by Tauteka.
Witness on behalf of Mihipara.
Rakapa Tapiora sworn.
I belong to Ngati Huia I live at Otaki, I have he and Mihipara’s evidence and what she says is correct. We have an interest in the land the reason we agreed to allow the survey was on account of our relationship to Matene and Tauteka. I had no idea any opposition __ be offered by Tauteka in fact we agreed together about the survey being made. There was no objection made to Mihipara at the time, it was at Matene request that Mihipara party abstained from clearing the land.
Cross examine by Hare Wirikake
The house that Mihipara spoke of was built at the time that the Otaki Pa was occupied it was for the purpose of separating the flax in, it was close to the Pa. The Pa was not on this block __ close to __ there were no more cultivation by Mihipara’s grandfather some of Aperahama Te Ruru cultivations are included in this survey.
Karamarama Kapakai
Mihipara has an interest in this land the land was given to her and us by her mother at Porotawhao in return for land given when there her grandfather lived on this land, he worked the flax there he was there until the fight Kutuitetanga about the year 1839. The land was given to myself, Rakapa and Matene by Mihipara’s mother, this did not take away Mihipara’s right. There was no cultivation there by anyone.
Cross examine by Hare
Cross examine by Hoani Taipua on behalf Rauparaha and Pipi Kutea.
Tamihana Rauparaha has no right to this land.
Neriara Te Puke sworn.
I belong to Ngati Turanga and live at Otaki, I claim the portion called Te Totara to the south of Tauteka’s fence, I claim through Rangiaho and Kohurehurehu who was my grandfather my claim included part of Tauteka’s fence. My land is not inside this block.
Pipi Kutea sworn.
I belong to Ngati Huia and Ngati Toa and live at Otaki, Tamehana Rauparaha and I have an interest in this land Tamehana is my brother and kumara cultivations were on this land and extended to the fringe on the main road. We commenced our work on this land at the time of __ I don’t remember the date when the occupation ceased I don’t remember Aperahama working there.
Cross examine by Hare Wirkake.
I saw Kaniwha’s house there, grandfather of Tauteka, Mihipara’s grandfather was there but only for cultivating flax. I was working on this land after Rauparaha __ the Pa. You occupied it since you came down for a few years ago. I don’t remember any eel weiro at Mangahanene but I believe some have been since.
Tamehana Te Rauparaha sworn.
I belong to Ngati Toa and live at Otaki I claim this land as shown on the plan along with Kutea. Rauparaha and all our hapu used to occupy it I was there as a child. We cultivated potatoes and kumara’s and worked the flax I don’t remember seeing people of any other hapu on this land. We ceased to occupy about the time of Horowhenua but returned again in 1840. We had some eel weiro there we didn’t occupy it after 1840 I had sheep on this land.
Cross examine by Hare Wirikake.
My sheep were driven off by Ngati Huia through their jealously I objected you and your party occupying this land. I remember you trying to steal my land.
Te Hutana sworn.
I belong to Ngati Huia and live a Porotawhao, I claim an interest in this land through Rapaka she is my niece I have lived there from childhood until I was grown up. I had a house there I ceased to occupy at the request of Matene and Rakapa but I considered we all wanted be included in the land when I ceased to occupy I left the management in the hands of Rakapa. We were all closely related I cousin Rakapa still owns the land.
Cross examine by Hare.
I went to live at Porotawhao at the time Ngati Huia went, I don’t remember the year when I went away I left my house and cultivations in charge of Rakapa. I don’t whether she cultivated there after I left or not I claim along with Rakapa and Mihipara.
Claimant
Rakapa Topiora.
I claim an interest in this land it was Waitohu to Garrett to Hutana’s father therefore Te Hutana is right. They state that they gave this land in my charge and my authority is over it I have a claim to a portion of it. Hutana’s father used to work at the flax I consider my claim has been set forth by Hutana and Mihipara.
Cross examine by Hare.
This closed the case on both sides, court adjourned until 2pm.
The court having considered the evidence gave a judgement in favour of the following persons __.
Matene Te Whiwhi, Tauteka Tuainuku, Hare Wirikake, Waretini Tuainuku, Rakapa Topeora, Mihipara Tatana,and Te Hutana Ngarepo.
Certificate ordered to issue in favour of Matene Te Whiwhi, Tauteka Tuainuku, Waretini Tuainuku, Hare Wirikake, Rakapa Topeora, Mihipara Tatana,and Te Hutana Ngarepo subject to deputy inspector approving the plan.
No restictions 20th April 1876
Paremata
Rawiri Rota applied to have this claim adjourned until Friday in order that they might arrange outside as the different pieces overlapped to a great extent and they thought they might come to some satisfactory arrangement amongst themselves. Application granted.
Mr Marchant deputy inspector of surveys being inspected this evening the court adjourned until Friday morning and informed the natives that as he approved the plans the claims won’t be gone with Paremata was then to come on at 10am on Friday. Court adjourned accordingly.
