Friday November 22nd 1872
Present:
His Honour Judge Rogan Presiding
His Honour Judge Smith
Assessor: Hemi Taipari
Clerk to the Court: James Thompson
Native Interpreter: T E Young
Court opened at 10 am
Major Kemp – Cross examined by Hari Mirikaki:
I object to Ngati Raukawa claim shown on map. I swear that Ngati Raukawa did not take any land. Ngati Raukawa have no part of this land shown on the map, they are merely squatters. We did not consent to the occupation by Ngati Raukawa of the land shown on the map. We have been driving off the Ngati Raukawa continually and by doing so we have been able to bring it before the Courts.
According to Maori custom fifty years occupancy gives us mana over the land. I don’t know where you get the fifty years from – if any tribe part of the country to take land the original possessors would drive them off if they were strong enough – although such land as I refer to were taken before the establishment of Parliament. Those who took the land could be driven off now.
I know the Ngati Raukawa have old Council Crown permits for portions of this land on which they were living. I am living on a portion of it now and we have always been telling Ngati Raukawa to go away. I have always been driving Ngati Raukawa off. Te Rauparaha and Te Whatanui who did not agree to be driven off and I did not agree to let them stay.
Muaupoko never lived under the mana of Whatanui until we commenced disputing about the land. Muaupoko have no settlements now at Waikanae, Otaki or Ohau but they still intend driving Ngati Raukawa off. We are not receiving any rents for land between Waikanae and Waiwiri because they kept rents in their own hands during all these years that we took up arms. In all sales of land by Ngati Awa and Ngati Toa always rents to Mr McLean, but Europeans and Maoris said what does it matter? Ngati Raukawa and Ngati Toa are the most important tribes.
Kawana Hunia –
Muaupoko: I live at Rangitikei. I am a member of five tribes.
I know the land shown on the map. I wish to give evidence upon Ihakara’s statement and other things. Ihakara stated that he (Ihakara) had a boundary at Whangaehu but I say that they (Ngati Raukawa) had no boundary there.
My father sold no land shortly after Wakefield’s purchase. My father told Te Weka to be on his guard about the land lest it should pass out of his hand. In consideration of the goods given by Wakefield, he also cautioned Te Awe Awe of Rangitane and he also spoke to the same effect to the Muaupoko chiefs Tangauru, Taueki and Rangihouhia.
Rangitane saw surveyors going to survey that land and they drove them off. Muaupoko also drove them off when they went to the Arapaepae. They therefore carried out their instructions to be on their guard.
After the surveyors had been sent away, Whatanui went up to take a European there, a person named Hugh who Whatanui wished to purchase Horowhenua. My ancestor Rangihouhia stood up to speak about this European in the presence of Te Whatanui and his family, Tahuri, Hawai and others. Rangihouhia said to Whatanui, your former sale was at the Manawatu River, now you have brought the European here. It is wrong. You said you would always be friendly with Taranaki. That old man also told the European he objected to what had been done. He also showed them his tomahawk. The sales by Ngati Raukawa were not legal.
In consequence of the numerous objections taken to the proceedings of Wakefield and Raukawa, Spain was sent for and Mr Spain came to this district, to Muaupoko, Manawatu and to buy my father’s pa at Te Awahou. Col. Wakefield and Meurant were with him.
A meeting of Ngati Apa was held at the mouth of the Rangitikei. Mr Spain directed Meurant to address the Ngati Raukawa. He said “Te Hakeke, what is your opinion about Wakefield’s purchase of land the natives offered him at Manawatu?” Those who offered it were Whatanui, Ahukarama and Taratoa. All Ngati Apa heard this European put the question. Te Hakeke then replies “Hearken Mr Spain. I am glad you have come here to speak to me. What are the portions offered by Ahukarama and Taratoa?” And Spain replied, “Land from the mouth of Manawatu to Whakapure and through to a sand hill called Taikorea.” Te Hakeke and his people carefully considered and they refused to agree to it. Meurant said you had better consider about the consideration for Wakefield’s goods. Ngati Apa did not agree. As for Taikorea we will not part with it. But the consideration for these guns and powder be the banks of Manawatu. Who knows what the intentions of that tribe are and what they are doing. I have only just heard that the guns and the powder have been given. I thought those guns were to be used against me or are they on guard against Ngati Awa, or what tribe that they have taken guns now? Mr Spain repeated again, try and arrange some place in consideration for the goods given.
Te Hakeke then turned to his people and the old chiefs and Te Hamia said, “Agree to it.” Te Hakeke said the bit of land to be told is between Whakapunu and Hawera, the name of the outer peg Kareui and then along Omarapapaku (southern side) and thence to Pukehinau and thence to Moutoa where it joins the Manawatu River. Mr Spain said if the boundary is not settled soon they will extend it further.
Te Hakeke said “This is a grievance inflicted on me and my people who would suffer by the sale of the land. The Rangitane and Muaupoko are not present at our meeting today and now Mr Spain, for the future, do nothing of this kind secretly on the other side of the Manawatu”. This is all I have to say on this land.
Te Whatanui state to the five tribes his intention of selling. Those tribes did not consent to the sale of land south of Manawatu to Horowhenua, for they drove off the surveyors. We thought it an improper sale and a secret one, to enable them to get guns and powder. Because it was wrong Te Hakeke gave the advice he did to Rangitane and Muaupoko.
The reason Ngati Apa drove off the surveyors was that they objected to other tribes selling their land. Another objection was the secret manner of the sale. No Notification of Enquiry by Mr Spain [was] given to the five tribes. None of these tribes took part in the Enquiry. It was all done by Ngati Raukawa and the arrangement about the land by Ngati Raukawa.
This about fighting. Ihakara asserted certain rights by fighting. I was not aware I was vanquished by the sword of Ngati Toa and by Tutihurio’s war party or by Rori, Patuone, Ngati Whatuas. On their arriving at Kawhia, Te Rauparaha and his people joined them. The Ngati Whatua were mostly humbler.
The people from Taranaki to Wairarapa did not know there were people coming armed with guns to kill them and also with Maori weapons. Had they only had Maori weapons they would never have set foot on this land. When they got the most destructive weapons they were able to come down here. When they reached this side of Taranaki they killed some defenceless persons as a relish for the food. The came on to Waitotara and Whanganui and did so circularly. They caught stray people but fought no battles.
They came to this side of the Whanganui River and saw a pa called Pourua belonging to Hiponga’s father, hiding their guns under their dog skin mats. They tied their spears with flax to thin legs and drew them along the ground. See what deceivers they were. Those in the pa thought they had no arms and said this party is coming to us. The chiefs said “Wave to them”. The chief of the Pa, Te Hi, then went out. When he got out to wave to them they seized him and one section of Ngati Apa went out of the pa. They took up their guns and fired. When Te Hi was caught the people came out of the pa. A chieftainess of Ngati Whatua named Wairua spared Te Hi’s and took him to be her husband. That woman said “Do not chop up this chief with the axe”. He was spared.
The war party then went off in pursuit of a number of Ngati Apa. In the pa being occupied by Ngati Apa and Whanganui there were twenty people being pursued. They were coming towards Whangaehu. When they were out on the plain they turned round and killed the Ngpuhis. Ten of themselves were killed and the other ten escaped and went on to Whangaehu, telling the people a war party of Europeans was coming. They came on to Turakina where they did the same thing.
Whangaehu people came to Turakina and an old chief asked those who escaped if they understood their language. They say Emara Emara their weapons throw out fire from their mouths. The old man then said when you are wounded do you see the blow inflicted. They said no. The first we know is when the blood spurts out. The old man said these are bad weapons, let us go.
Marumaru the Ngati Apa chief was a very able man. Te Kotini replied if there are ten men in front with guns, let us attack them, although two hundred should be killed. It was carried as Marumaru proposed. They were bad weapons and they could not fight against them. Ngati Apa then went to seek a place to build a strong pa.
The Whangaehu and Turakina people collected behind Paororangi. The Marumaru said let us go down to the Piko o Meremere where we will turn to fight. Those who escaped from Pouru went on to Rangitikei. Ngati Apa collected at this pa and waited until Tuwhari and Rori should arrive. The Ngapuhi went to Rangitikei River and saw the roads leading to places occupied by Ngati Apa. Those being on the upper part of the river went to the pa there near the mouth of the Oroua.
Adournejd. ¼ hour
Ngapuhis followed those who went to Oroua. They were seen at Oroua in the morning by Ngati Apa and Rangitane. The man who saw them sang out that that an attack was being made and those fighting chiefs called out “turn and fight”. All the chiefs agreed to fight.
Ngati Apa were not in a pa. They were so closely pursued they had no time to build a pa. They were found as they were by the war party. There were three hundred and forty in the war party. Ngati Apa were forming their parties.
They were armed with wooden spears. One of the parties of Ngati Apa called out “look” and one man stood up when Tawhaki immediately fired and hit him. He fell between the two divisions of Ngati Apa. The whole of the party then fired. One of the chiefs, Rangikatuha then said “let us disperse as the firing is too hot”. Ngati Apa then went away into the bush. A great fighting chief of Taranaki then stood up.
His name was Teratutama and he caught Te Rangihohia and he said I will not kill you. I belong to Taranaki, I am Teratutama. I am merely carrying provisions, he was by himself.
Afterwards a woman named Pekenga was caught. Two were killed, Ngaupi and Ruatahi. Those Ngati Apa who went away were not followed. They went carefully in a body. There were only four captured by that party of Ngapuhi and Ngati Toa. They took away those they killed and used them as relish to thin fern root.
When Ngati Apa were attacked at Oroua no one crossed to the southern side of the river to give their people warning. The Ngapuhi came across this land towards the mouth of the Manawatu. They came out on the beach and went along the beach to the mouth of Hokio. They saw track of persons going in to Horowhenua who knew that there was an armed party coming down. The party then turned in towards Horowhenua and they caught Pikitararua who was strolling. A chief of Ngapuhi said “Friends don’t kill him, he looks like a chief. Let him be spared so that he can ask for mere pounamu for us”. Those who had captured him asked if he had any mere pounamu, perhaps you have plenty of mats. I have got mats and mere pounamu also. Tuhare and Rori and the other chiefs said shall we go in a body to the lake, if they will be suspicious. They said these things to please the heirs of Pikitararua.
A meeting of the chiefs was called and agreed that Pikitararua should go to the pa at Waikiekie and the party remain at Hokio. That pa could only be taken by men armed with guns. He was also to go to Waipata also to Namuiti and to Roha a te Kawau. Those pas were all built of Totara. That man went up with this message “go”. As soon as we have removed from our (undecipherable) we will be after you.
Some of the party wandered as Waiwiri where they saw Taheke. He wanted to run away with the woman but the people called to him to stop saying that they were straying. Te Rauparaha stood up and said “What is your name” and the man replied my name is Taheke. Rauparaha replied “sit down nothing will be done”. They stopped there and said we will sleep here and in the morning go to your place. Taheke said “very well” Those were only the chiefs of the party, there were no young men.
At night Rauparaha said “Have you got a mat for me?” The man said I have some garments but they are at the pa at Papaitonga. Taheke and Rauparaha went towards Papaitonga and Rauparaha sent a man to Tuhari to tell him to go after Pikitararua.
On the arrival of Rauparaha and Taheke at Papaitonga they were welcomed by the people of the pa. Taheke spoke to the people in the pas saying here is a strange tribe Ngapuhi and Ngati Toa who want to look at the country.
Some of the chiefs of the pa Te Hare and others asked how it was these new people had come so far. Taheke replied let us show hospitality to these strangers. He did so because he did not know how deceitful these people were. Taheke got his way. Taheke gave Rauparaha fine mats. Tahariri said “take that man to Horowhenua to see Muaupoko”. The people of Papaitonga then went out to lead Rauparaha and his friends to Waipata. Taheke conversed with them as they went along. He said this man Rauparaha says his party are still behind, perhaps they have got to Te Raumatangi by this time. He would go there in consequence of the conversation with Pikitararua.
Tahariri, Rauparaha and party arrived at Waipata the pa of Te Rangihohia Ngakau and Whatonga. They went into the pa. They found the main body of the party had arrived at the pa Waikeikei. While food was being prepared for them news came to them that some of the arms carried by these people were guns spears and tomahawks.
A man of Ngati Apa had come to Horowhenua and told them about the guns. The Waipata people did not see the main body of Ngapuhi people. Word came that the people of Waikeikei were addressing the strangers. Rangihohia then became suspicious on account of what he had heard and he said let us kill this man Rauparaha and his fine companions. Toherou said it would not be right as he had come in quietness. Let all his people go back to Waikeikei to see Tuhare and Rori. Rangihohia said I side not with anyone to this, I shall keep all the canoes here. What is your connection with that man that you should object to what I wish to do. The canoes were retained.
Tohowiri and Taheke (undecipherable) again and Rangihohia refused saying I shall give you a very small canoe and you can go by yourselves and you shall see what you shall see. Tohowiri and his companions went in the small canoe. When they departed in the canoe Tinioterangi called out “What is your name?” Te Rauparaha he replied you want to deceive us. I shall not go in your canoes. They went off in the canoe.
Before they reached the landing place at Waikeikei they heard the reports of guns. They were about afar as from here to the Telegraph Office. Rauparaha said it is not my fault paddle away as quickly as you can. Rori has done it. Tohowiri was not a fighting chief. The fighting chief wanted to kill Rauparaha.
The canoe landed at one corner of the pa where no fighting was going on. Rauparaha ran to the bow of the canoe and jumped ashore first. The canoe went to the other side of the pa and landed there. The people were all driven from one side of the pa to the other. Those who were hit with shot were screaming. Then other guns loaded with shot not with ball. People then rushed from the other side of the pa and drove Ngapuhi into the water, throwing their spears after them. They drove the Ngapuhi out twice. Those who were armed with guns jumped up into the cross pieces of the pa, being afraid they would spoil their powder. Some of those who had guns jumped on top of the houses. The owners of the pa [were] between the houses throwing their spears and those with guns firing at them. Also those on the rails firing. The men kept it up as to allow women and children time to escape in the canoes. The canoes were coming from Waipata and Te Namuiti to join the men at Waikeikei. When those from two pas arrived the people in the pa had rallied for the fourth time and cleared the way to escape by the canoes. Some of the dead were taken by Ngapuhi. They were all put on board the canoes.
According to Maori custom they could not stop where they took no dead. There was a great fight over the body of one man which the Muaupoko succeeded in obtaining. Nor did the Ngapuhi get any of the canoes. Tuhare went away the same day. He did not stop to light a fire. He was sorry for some of his soldiers who were wounded and had bits of spears sticking in them.
Te Rauparaha (undecipherable) the Waipata people to go to Waikeikei. When Te Hare’s party arrived at Waikeikei they asked for Pikitararua and they said to him where are your mere pounamu that you promised? The reply was “They were at Kapiti”. Rori said this man has told a lie to save himself and he hit him on the head but did not kill him. The Ngapuhi then went towards Kapiti and arrived there. They deceived the people there into giving their mere pounamu. Pohau gave them a mere. Tuhare ordered that nothing wrong should be done there.
They came ashore and went along the beach to Pukerua where they found a pa occupied by Ngati Kahungunu and Muaupoko. Ngati Rangi and Ngati Ira. They deceived the people of the pa by performing hakas and songs and then murdered them. The people of the pa were singing and amusing themselves when they were murdered. Timotahi was the name of the man who was first attacked. He made his escape and told Te Kekerengu he is still alive and bears the mark of the axe. Kekerengu was at Wellington.
He then collected his people assisted by Te Rapahi and went to Palliser Bay. The Ngapuhi went there also. Kekerengu knew what these people intended to do by them having the (undecipherable). Kekerengu and his party made an ambush and left out an lying body to attract the notice of the enemy. The people in ambush sprang up and killed Rori and cut off his head. Those armed with guns and spears ran off. About twenty of them were killed in a very short time. They were all gathered together. The chief who was killed was Rori. So much for the guns.
The Ngapuhi party then returned to Matawhitiwhiti in Wairarapa. Kekerengu and his friends were very glad to hear of the defeat of the Ngapuhi and they attacked them in day time. All Kekerengu’s tribe came down to fight. Some of the Ngapuhi were on the shore and some were going along the in canoes. Whatahoro had his forces placed on the shore of Wairarapa Lake. The men in the canoes fired and Ngati Kahungunu retaliated and the canoes got ashore. The Ngati Kahungunu made an attack as soon as they landed. They were fired upon and some were killed.
We went wood against wood and guns until night. Ngapuhi did not encamp near where they were fighting, but went across to the other side of the lake. In the morning canoes were made ready and Ngapuhi tied them together to make a bridge across the water on each side of which they were watching. Ngapuhi went across and also some armed with short weapons and opened fire. Ngati Kahungunu then attacked them. They were armed with Maori weapons. Those similarly armed were in close conflict with Ngapuhi. Ngati Kahungunu won – Ngapuhi were defeated by Whatahoro and his brave chiefs. They fired and hit Takawhairangi. The Ngapuhi were floundering in the stream. Pehi and two other chifs kept the bows of the canoe. The Ngati Kahungunu then fled because their friend Whatahoro had been killed.
Court adjourned at 3.15 pm.