Wednesday July 6th
Court sat at 10 am.
Present – same judge and assessors.
Ngawhakaraua No. 2 – continued
James Thomson – Licensed surveyor – Sworn
I am a licensed surveyor under Native Land Act. Licensed produced. Reside at North Masterton. Plan before the court is mine. Land surveyed by me. Employed by Tutere Tiweta and Wi Mahuri. Boundaries pointed out then boundaries distinctly marked on the ground and rules of court observed. I was interrupted in the survey, in chaining the north east line my chain was cut in two. Don’t know who the natives were who interrupted me. I understood that the persons interrupting me claimed the land. The north east is I believe the boundary of a claim which has passed the court. I have been paid for survey but not for attendance at court. My claim is £6 – 2 – 0 including attendance at court. I have been paid £4 by employer Tiweta. The road shown on the North West side of the claim is a public road laid off by government and runs through native land. The road running through the land is a private road. The house shown on the plan is the site of a house which has been burnt down. It was occupied by a man named Bennett. The house was burnt down before the survey. There were 2 ‘whare’s on the land when I surveyed the land shown on plan. One was occupied by persons I don’t know. Public road is one chain wide.
Plan referred to Mr. Thomson to include public road on North West side of claim in claim.
Hoani Meihana Te Rangiotu – appeared as counter claimant – Sworn
Lives at Taonui – a settlement on the Manawatu of Rangitane. I claim to be the owner of the land claimed by Tiweta. The persons interested with me in this land are (A).
Ngawhakaraua – Hoani Meihana Te Rangiotu, Roka Te Awe Awe, Ripeka Hiha.
These are all who are interested in this land. We are of Ngatirangi ‘hapu’ of Rangitane. Tiweta is not correct in speaking of his ‘tupuna’ as owning this land. The boundary of his ancestors land is below the South West boundary of this claim. There was a ‘tupuna’ of the piece above this claim which has passed the courts – (Whakaraua No. 1) and another for this claim and another for the land below. The ancestor of this piece was Tireo ki terangi (geneology) (B).
(B)
Tongariro and Te Ra’s children of his occupied this land. They had a house just below the SouthWest boundary of this claim on the river bank. This place was called Te rongo o te iho ariki o Tohikura. These were Ngatiapa who came as visitors to Tongariro and Te Ra and thence their name was given to the house. Tongariro’s ‘iwi’ went away and Te Ra’s iwi remained and are the present owners. My father lived in those houses and Te Ra also. When I was a child, my father was living on the land in house near to the site of the house of Tongariro and Te Ra ‘he whare ta karaka’ about the time of Te Rauparaha’s coming. He was killed in a fight with Ngati Kahungungu. It wasun occupied after that till I grew up. No one ‘tua waerenga’ or ‘mahi’. When I grew up in the year 1856 I desired to build a house. I was then living at Puketotara lower down the river. I spoke to Hare Tangihaere and other companions of his (‘he kai mahi noku’) to cut some timber for me. I sent them to get it at Kaitapu or failing that to get it at Ngawhakaraua. They came to Ngawhkaraua. They came to the place where the saw pits now are and wished to cut timber there as it was a place where there was good timber. Hekonaiaha heard and told them that if they cut timber there he must be paid for it. Hone then came to me at Puketotara and told me. Hoani told me where the place was and when I heard it was here the ‘huarahi’ which I knew as ‘Te Ara Ki Taonui’ I said to him go and dig your pit and fell your timber. The land is mine. I will go there when you are ready to put the logs on the pit. This was done and I went there the same month. Hekonaiaha did not come to me there. Hekonaiaha was living within a ¼ of a mile of the place and I went to his place to sleep. I thought he would have come to speak to me but he did not and I then said to Hoani ‘he tito pea nau te kupu o Hekonaiaha’. The timber was cut and taken away (for the house) and after that the ‘iwi’ wished to have timber cut for a church. Some timber was cut there but ‘Kihai i oti”. The sawing ceased because Hone and his ‘pakeha’ mate were not paid for their work. I then ceased to work there. The year after Renata of Ngati Mairehau went and ‘tua waerenga’ there. He did so clearing the land close to the ‘huarahi ki Taonui’ as against Hekonaiaha’s people. I heard of it and went to him and told him to cease as the land was not his but mine – that his land was above in the claim which has passed the court and which has been since granted to him with others. He did not answer me. The year after, I again went to send him away from my piece. Did not answer. After this I understood that he claimed the land down to the path to Taonui ‘he oi ano, kua pa te pouri ki a au’. I afterwards heard that another ‘hapu’ of Rangitane, Ngatihineaute claimed this land and there was a dispute between these 2 ‘hapu’s both claiming down to the ‘Ara ki Taonui’. Te Warena relation Ngatimairehau proposed to settle the dispute by a ‘runanga’. I agreed to a ‘runanga’ as I was angry with Renata for claiming my land. The ‘runanga’ was held in 1865 16th September. Ngatihineaute claims was decided to be ‘he’ and Ngatimairehau’s claim was ‘tika’ and after this I got up and put forward my claim to the land now the subject of enquiry. In the dispute between us I claimed beyond the boundary of my present claim (higher up the river) at the termination of the dispute. The runanga settled upon the boundary between me and Ngatimairehau. The boundary which I now claim on the North East side of my claim. The claim of Ngatimairehau was reduced and they now only claim down to the boundary of my present claim instead of to the ‘Ara ki Taonui’ as before and the Ngatihineaute claim was abandoned. Renata gave up his ‘waerenga’ and his ‘whare’ and peach trees and returned with the boundary fixed by the ‘runanga’ in 1867 or 1868. Tutere leased a piece of land to the ‘pakeha’ which extended from below Hekonaiaha’s place up to the boundary of Mairehau including the land I now claim. He let it to two ‘pakeha’s – Mangumangu and a “tiamana’ (German) and a house was built for a public house. I supposed this was a ‘pana i au’ and sent for Hekonaiaha and him. This was in 1868. Hekonaiaha did not come but Te Tutere did – to Taonui where I have lived since 1867. I asked him if I was to understand that he was ‘pana’ing me, he said “yes”. I then proposed that the land should be surveyed and brought into the N. L. Court. He objected. I then asked Mr. Swainson to survey this land with Ngawhakaraua No. 1. That was surveyed and when the survey came to this portion I sent Hone to tell Te Tutere. He came and found the marks set up for the line but they had not been chained. We had a dispute, violent, and Mr. Swainson was afraid to survey lest his instruments should be broken. I then gave up the survey. After this I went and pressed on Tutere and Hekonaiaha to allow the land to be surveyed and for the court to decide as to the title. They refused and I let the affair rest. Last year after the sitting of the court and the hearing of the Ngawhakaraua case No. 1 I again pressed Tutere to let the piece in dispute between us be surveyed. He refused and we had high words. He said he would go and build his house upon it. (The house built for a public house had been burnt down soon after being built. I threatened to burn it if he did. Last year after the court, he built a whare there. I was going to burn it and take the consequence. Henare Te Herekau and others interposed to prevent fighting. They induced Te Tutere to have the land surveyed which has been done.
My father, when he live at Te Rongo o te iho ariki o Tohikura got ‘karaka’ berries from the ‘karaka’ shown on the plan as (Te Awa awa roa).
Mr. Thompson stated that to the best of his recollection there were only 3 karaka trees between the claims. The name Awaawaroa was given to him as the name of these karaka trees.
Hoani – continued.
Te Awa awa roa is the other side of the ‘Ara ki Taonui’. It is the name of a ‘pa karaka’ which belongs to Hekonaiaha. The greater number of the trees have been destroyed by a ‘waerenga’ which was made a short time before the time of Raotea’s ‘waerenga’. The path said by Te Tutere to be his ‘tupuna’s path to Taonui was one common to all the ‘hapu’s. It was the old boundary that bounded the lands of Rakau –Maui and Tireo. The path was used by all the ‘hapu’s who lived in the numerous settlements. As a path to the numerous ‘pa tuna’ on the Taonui stream. The path was also ‘he ara kiore’ of my ‘tupuna’ Te Ra. He had the right of snaring rats along the path up to its joining another ‘ara kiore’ on the bank of Taonui. My father’s hangi tao karaka was on the opposite side of Manawatu from his ‘kainga’. Te purakau o tireo is a large tree so called which marks the boundary of my claim as fixed by the ‘runanga’. Takamaitu “pa tuna” was not the ‘pa’ of Tutere’s ‘tupuna’ but of Ngatitu and afterwards of Mairehau. Puakainga is the name of a ‘pou whare’ Te Kerenga (Ngatitu) – a ‘tupuna’ of Hekonaiaha lived there. It is a little above the place where they now live. Rakau Maui’s ‘kainga’ was below at Hautaura.
Ngatimairehau is the same as Ngatituahuriri.
Xd by Te Tutere.
My father’s house stood where I have shown it. The site was pointed out to me by Mohi Takawe who is dead. Did not see my father getting the karakas. Was too young. There is but one large karaka on this plan. There are smaller ones. I sent Hone to cut timber at this place.
Court adjourned at 1.15 pm for 1 hour.
Court resumed at 2.15 pm.
Hoani Meihana’s evidence – continued.
Xexd by Court.
Hone is dead. He did not tell me that he had seen Te Tutere or asked his permission to cut timber at Ngawhakaraua. Hone is dead. I did not engage Hutana. He was engaged by Hone. I never heard before yesterday that they went to ask Tutere’s permission to cut timber. Te Tutere was at Puketotara when I sent Hone to Ngawhakaraua. Hekonaiaha was living there also. Went to his place near Ngawhakaraua at the same time as Hone. Hekonaiaha is still at the same place where he was when I went to Ngawhakaraua about the timber. Te Tutere and Hekonaiaha were present at the meeting at Puketotara when the boundary was settled. Te Tutere took no part in the meeting. Hekonaiaha was on my side against Ngatimairehau.
Xd by Te Tutere.
I never saw Hekonaiaha living on the land I claim. I never heard you speak about your claim to this land at the Puketotara meeting.
By court.
Te Awa awa roa is the name of the ‘awa’ and the ‘pa karaka’ stood there and it was called by that name. That ‘awa’ is below the path and below this claim.
Te Tutere – in defence.
In 1867, I leased this land to a ‘pakeha’ Henare and a German. Hoani heard and did not come to ‘pana’. In 1868, he spoke about ‘pana’ing my ‘pakeha’. I am receiving £10 a year for the land. I objected to the survey proposed by him. I said your land is on the Taonui and on the plain not here. Te Pu rakau of Tireo is in the claim of Ngaituahuriri. In 1868, the public house was built. As to quarrel with Hoani and building house, as to Henare Te Herekau’s asking for survey and his assent, Ihave cultivated the land 4 years and am still doing so.
Case for defence closed.
Decision of the court in favor of Hoani Meihana.
Hoani Meihana stated that he desires the grant to restrict alienability.
Certificate ordered in favor of Hoani Meihana and 2 others (as in A pp 42 (pp 784 in this book) Ngawhakaraua No. 2 on right bank of Manawatu river containing a10 – r1 – p16.
Judge to report that it is proper to restrict alienability and to reserve right of public road 1 chain wide at North West end of block as shown on plan.
Ordered that Hoani Meihana refund cost of survey £6 – 2 – 0 to Tutere Tiweta within 14 days.
Fees for Hoani Meihana Hearing £1 Cert £1 Cr. Gt £1 Total £3
For Tutere Tiweta Hearing £1
Whirokino – Mary Jane Cook – Geo Cook
Mary Jane Cook – appeared.
Certified plan before the court S. O. W 290 – 5086 acres – James Thompson.
Mary Jane Cook – Sworn
Wife of Mr. Thomas Cook. Lives at Wharekino at Manawatu. I claim to be the sole owner of this land.
(Witness identifies boundaries as given in application)
This land belonged to my ‘tungane’ who are dead – (Te Hika and Te Rahua). Have no children living. I am the only sister. It was theirs from their first coming from Maungatautari. This land was never occupied by any body but my ‘tungane’ got eels from the kaikai lakes. Otai was also ‘he mahinga tuna; of my ‘tungane’. The boundary there is the boundary of the land which belonged to Whatanui and has passed through the court. Totara belongs to Roera Hukiki the northern boundary is one fixed by me and Ihakara Tukumaru, as our boundary.
Objectors challenged.
Hoani Taipua appeared and claimed the land as belonging to Ngatipare. Will appear as an objector and not as a counter claimant.
No other counter claimant appeared on challenge.
Continued at pp 50 (pp 794 (next page) this book).
Court adjourned at 4 pm.
