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Tueasday March 31st
Court sat at 10am
Present –same judges and assessors
Himatangi – continued
Rakapa Kahoki – sworn – Otaki – Ngati Toa and Ngatirauka – I am a sister of Matene Te Whiwhi – came down with the ‘heke’ of Rauparaha – heard evidence of Ropata – Hohepa and Nopera – correct – have signed the deed of cession – I received money £500 – I had ‘mana’ over the land which has been sold – got by the ‘patunga’ of the tribes by Ngati Toa nad Ngati Awa – Ngati Apa were not driven out of the land of their ancestors by Rauparaha – they were left on their land at Rangitikei on account of the woman who was taken by Rangihaeata – Ngati Apa helped Ngati Toa at Haowhenua – they were brave together – both sides were ‘toa’ and both ‘mate’ – did not know that the people I saw at Kapiti were slaves because the ‘mana’ of Rangihaeata was over Rangitikei – I don’t know of Ngati Apa being driven away by Ngatiraukawa – did not hear of ‘parekura’ or ‘pahoro’ – when Ahu Keramu came to Kapiti and returned – Ngati Toa chiefs held a council – they said to Rauparaha and Waitohi “fetch your children” – Ngatiraukawa came and went first to Kapiti – there some years – then came on the main – we and Matene and Tamihana ‘wehea atu
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I a Ngati Toa’ – lived here at Otaki for many years at the time of the war (Haowhenua) – Ngatiraukawa broke up and left Otaki and went to Rangitikei – it was not a ;mea whakawa’ by Rauparaha that Ngatiraukawa should go to Rangitikei – Te Rauparaha did not give them the land at Rangitikei – Rauparaha gave Ngatiraukawa the land on this side of Manawatu – Ngati Apa were still in occupation at Rangitikei since we left them there at the time of the ‘heke’ – Rangitane were up the Manawatu – did not hear at any time that Ngati Apa were in subjection under Ngati Toa – it was right for Ngati Apa to join in sale – it would be right for both to join – not for Ngatiraukawa only Rangihaeata had the ‘mana’ over all Ngati Apa and that was ‘he aria mo te ki patu mo ratou’ his influence prevented their being enslaved – all I heard was that it was this side of Manawatu which was given to Ngatiraukawa – it was the Ngatihuia element which caused the Ngati Toa to send for Ngatiraukawa for Whatanui was of Ngatihuia – Ngatihuia is a Ngatiraukawa tribe ‘hapu’ – Ngatihuia and Ngati Kauhata – those are the tribes which were to occupy this land south of Manawatu on account of their being Rauparaha’s family – when Ngatiraukawa went to Rangitikei after Haowhenua Rauparaha and Rangihaeata did not ‘whakahe’ the Ngatiraukawa
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Became they were ‘he mea whati atu n ate pakanga’ – when these tribes (Ngatihuia and Ngati Kauhata) were invited here it was not understood that it was to be with them but it was to be with Rauparaha and Rangihaeata – the ‘mana’ of the south of Manawatu was to be with both Rauparaha and Rangihaeata – the ‘mana’ of Rangitikei was to be with Rangihaeata alone - - the reason why I ‘kape’Matene’ was because the Ngatiraukawa asserted the ‘mana’ – passed over Matene because he took the Ngatiraukawa river of the question –
Cross examined by Mr. Williams – Rangihaeata alone had the ‘mana’ of Rangitikei – Hohepa had no ‘mana’ as against Rangihaeata but Hohepa’s mother was Rangihaeata’s sister – Ropata had no ‘mana’ – ‘Ngati Toa katoa Kahou he mana ki Rangitikei’ – Ngatiawa and Ngati Toa did fight against Ngatiraukawa at Horowhenua – Ngatiraukawa did not drive them off Ngati Toa and Ngatiawa did go away from Horowhenua after the fight was over – Ngati Huia are in possession here – in my possession and Matene’s – Ngati Huia is Ngatiraukawa – Rauparaha and Rangihaeata were on Ngatiraukawa side in that ‘whawhai’ – Hohepa was on side of Ngatiawa – Ropata also – Rangihaeata remained with Ngatiraukawa till they became
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Land sellers and he returned to Hohepa’s side – he was angry about selling land at Manawatu to N.Z coy by Te Whatanui – Rangihaeata did not assent to occupation of Rangitikei by Ngatiraukawa – Ngati Apa first desired to sell the land north of Rangitikei – they did sell it – Ngatiraukawa wished to ‘pupuri’ – they did not assent to the sale – Ngati Apa ultimately gained their point – they were the principal sellers, only a few of Ngatiraukawa assented – Rangihaeata was not agreeable but he did not carry his opposition to a point because Matene and Archdeacon Hadfield were on the other side and many others interests had become Christians and he could not carry his point of an appeal to arms to prevent sale – houses of Ngati Apa at Tawhirihoe were burnt by Rangihaeata and Ngatiraukawa because Rangihaeata would not have the land sold nor have ‘pakeha’s’ there – the houses were Ngati Apa houses and were burnt by Rangihaeata and Ngatiraukawa – I had ‘Mokai’ formerly of Ngati Apa – they have all returned long ago – some had returned before Archdeacon Hadfield – some were here after Archdeacon came, but not as slaves – they came as guests and to bring food for their ‘rangatira’ who had married Rangihaeata
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Ngati Apa were ‘patu’d’ by Ngati Toa on the 1st ‘heke’ with Ngapuhi – on the return, at 2nd ‘heke’, put in ‘pou tangata’ at Whangaehu, ‘hei rohe’ – I don’t know of Teketea a ‘pa horo’ of Ngati Apa – I know of their coming and leaving Ngati Apa at peace – lived peaceably – ‘ko te paonga’ of the ‘patu’ to Ngati Apa was at Manawatu not at Rangitikei – I have heard that Ngati Apa had been ‘patu’d’ by Ngatiraukawa – mother of Kawana Humia was taken prisoner by Ngatiraukawa – know of the year the treaty was signed – Ngati Apa and Rangitane and Muaupoko did not come in that year to talk to Rauparaha and Rangihaeata about their ‘mana’ at Rangitikei – they were friends – if they had come he would have said that they should occupy the land, ‘koia te rangatira mo ratou’ – I know Tamihana Rauparaha – I did hear Tamihana Rauparaha say that Ngatiraukawa were a foolish tribe to return their land to their slaves – he ‘whakahe’d’ the return of Te Ahuoturanga to Rangitane – he ‘whakahe’d’ the return of Rangitikei to Ngati Apa
Re-examined by Mr. Fox – don’t know how Kawana Humia’s mother
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Was taken but heard only that she was taken
By court – the cause of the ‘panga’ of the ‘patu’ was Te Maraka who was a ‘tungane’ of Pikinga and he came to Manawatu – warned to go back – Ngati Toa went to revenge ‘kohuru’ by Muaupoko – Maraka remained with Rangitane and was killed – Rangitane wished to sell – Ngatiraukawa wished to hold but at last assented – they assented because of the arrangement by Rauparaha that the land south of Manawatu should be theirs
Te Karira Tomoa – sworn – Porirua – Ngati Toa – came with ‘heke’ of Rauparaha – had heard evidence of previous witnesses – correct – remember those events – was with Rauparaha at the time – when Rauparaha came down to Kapiti he left Ngati Apa on the land of their ancestors – Rangihaeata ‘pou’d’ Pikinga as a ‘pou rohe’ – Ngatiraukawa came down long after – did not hunt Ngati Apa out of their ‘kainga’ – went to Kapiti – I was there don’t know what was said by them to Te Rauparaha – after a long time came on to the main land to Otaki then on to Horowhenua lands on this side of Manawatu – did not hear of giving land on the other side of Manawatu – did
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Not hear that they (Ngati Apa) were living under Ngatiraukawa ‘mana’ at Rangitikei – don’t know and have not heard of any great battles between Ngatiraukawa and Ngati Apa – there were none – I was at Kapiti at the fighting – I had no quarrel with Ngatiraukawa – Ngatiraukawa quarreled with Ngati Awa – I have signed the deed it was for my ‘mana’ – I always take part in the ‘runanga’s’ of my tribe – If Ngatiraukawa alone had sold the land (Rangitikei Manawatu block) it would not have been right
Cross examined by Mr. Williams – Ngati Toa did not fight against Ngatiraukawa at Horowhenua – when Tarika Taraia and Te Heuheu and Tainui, Ngati Apa. [Paneiri], Whanganui and others came to join against Ngati Awa, then I joined Ngati Awa to save them – the fighting drove the Ngatiraukawa – this place and Horowhenua was left by Ngatiraukawa – Ngatiawa remained after Ngatiraukawa left and then went to their cultivations – all the tribes come to help Ngatiraukawa – they were all ‘mate I au’ two and three out of this tribe and that tribe – Rauparaha and Rangihaeata were with Ngatiraukawa on account of their ‘whaea’ – our ‘mana’ over Rangitikei was not extinguished there (at Horowhenua) – did not leave Horowhenua – I went in a canoe to fetch
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Rauparaha and Rangihaeata with Ngatiraukawa and the tribe back to Otaki – the fight was over before Rauparaha left – they went out of fear because ‘kua riro I a au te papa’ – Rangihaeata bethought himself of Ngati Toa and the others went away – Rauparaha went because he was ashamed of the defeat of Ngatiraukawa – I went to my own place Kapiti and Ngati Awa to Waikanae – no one was at Horowhenua then – not until I brought Rauparaha and his family back – I fetched them from Ohau – after Horowhenua this land was the land of Rauparaha, Rangihaeata Matene and Tamihana – but for their ‘mana’ Ngatiraukawa would not have occupied – Ngatiraukawa was the ‘iwi nui’ who occupied here – ‘no te mea kua mutu’ – Ngatiraukawa occupied Rangitikei because they and Ngati Apa were friends – because the Ngati Apa and Muaupoko and Rangitane had been ‘hoia’ of Ngatiraukawa – those who went first were Horomona Patutukituki,[unknown name] – Haerewharara and Te Whata – those are the men who signed the deed and who had the ‘mana’ over Rangitikei – the men who first occupied – I said it would be wrong of Ngatiraukawa to sell without Ngati Apa – the Ngatiraukawa chiefs
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At Manawatu have assented to Ngati Apa’s wish to sell and it has been sold – I say it is gone – the money is gone – I consented to the sale because it was my land, mine and Ngati Awa, who helped me to take the land on our first coming and at Horowhenua – if Ngatiraukawa had been here first it would be another matter – I came here and cut the big trees, you came after and ‘noho noa iho’ – the majority of the tribe Ngatiraukawa have not consented to the sale – but the chiefs, Tapa and others have agreed – those who have taken the money – I think it was right and that the money I received was right – I do not approve of other tribes asserting superiority over me in respect of land which I took – taken by me 1st expedition – 2nd ‘heke’ – Horowhenua – ‘tae noa kit e kuititanga’ – did not drive them off because they were the tribe of Rauparaha’s mother – when they misbehaved themselves they were sent off – they were sent off – I bought them back – I placed them here on account of my love for Rauparaha – Ngatiraukawa were afraid and went to Rangitikei – they lived on the land of their ‘hoia’s’ – Ngati Apa who were the ‘taketake o te whenua’ from their ‘tupuna’s’ – have not been in the habit of going after to Rangitikei
Court adjourned at 12.30pm for 1 hour
court resumed at 2pm
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Wi Tamihana Te Heke – sworn – Waikanae – Ngatiawa and Taranaki – related through ancestor to Ngati Apa came in the 3rd ‘heke’ – has heard evidence of previous witnesses – correct as far as my knowledge – has personal knowledge of principal events – was grown up – was [unknown word] in the Horowhenua war – Ngatiraukawa fought there – Ngatiraukawa were beaten – they left Otaki – they went off to Manawatu, Ohau and Rangitikei and afterward we left and went quietly to Waikanae – the Ngatiraukawa lived at Otaki up to the time of Horowhenua – after this they lived on both sides of Manawatu – did not destroy the ‘mana’ of Ngati Apa – they lived together in these places as friends – each tribe had ‘mana’- the Ngati Apa ‘mana’ was never ‘tinei’ – it would not have been right for Ngatiraukawa to sell that land without Ngati Apa – remember the Kuititanga – Ngatiraukawa was beaten there – ‘mana’ of Ngatiawa and Ngati Toa equal – ‘mana’ in these ‘whawhai’ – it would have been right for Ngatiraukawa and Ngati Apa without assent of Ngati Toa and Ngati Awa – they would speak to Ngati Toa and Ngati Awa about sale – that would be on account of ‘mana’ it would be right for Ngati Toa and Ngati Awa to take portion of purchase money – they have done so – I have signed and received money – there was no time
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To give land to Ngatiraukawa – it was a ‘takiwa raruraru ko Horowhenua to pakanga’ – the Ngatiraukawa went to Rangitikei out of the way of being beaten – that was at the time when Ngati Toa was divided – Ngati Apa – Muaupoko and Rangitane were with Ngatiraukawa at Horowhenua – Kuititanga- returned with Ngati Apa to Rangitikei and other places – some staid at Horowhenua
Examined by Mr. Williams – from Te Uruhi, beyond Waikanae up to Waiwiri beyonce Ohau, Ngati Awa were occupying – Ngati Awa are not now occupying; they ceased to occupy when Ngatiraukawa came here – Ngatiraukawa occupied these lands and Ngati Awa left them – Ngati awa had not occupied the Rangitikei Manawatu country – Ngati Apa and Ngatiraukawa was occupying – when Ngatiraukawa were occupying Rangitikei the ‘mana’ was with Ngati Apa on this side of Rangitikei – don’t know of that land being occupied before Horowhenua – I believe that when Ngatiraukawa first went to Rangitikei the Ngati Apa ‘mana’ was over their land on this side of Rangitikei – it was Ngati Apa’s formerly – I don’t know whether it was ‘aroha’ of Ngati Apa to Ngatiraukawa – I never knew of any fighting between Ngati Apa and Ngatiraukawa at Manawatu or Rangitikei equal to Horowhenua – heard of no ‘pakanga iti’
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Never heard of a ‘pahoro’ by Ngatiraukawa ‘I roto I Rangitikei’ or of slaves taken by Ngatiraukawa – I do not know whether Humia’s mother was taken as a ‘mokai’ by Ngatiraukawa – [paragraph removed from set of minutes but don’t know whether to write them because still readable] – Ngati Apa were strong in pressing sale of Rangitikei and Ngatiraukawa assented to it – I was not there – my ‘mana’ was there – upon the land – it is all gone to the ‘pakeha’ I got no money – sale of Ahu o Turanga was assented to by Ngatiraukawa and the ‘kaha’ of Rangitane to sell were the causes of that land being sold – I did not attend the meetings to assent – my ‘mana’ was over the land – Rangitane sold the land of their ancestors – the persistence of Rangitane ended in the Ngatiraukawa assent part of the money for Te Ahu O Turanga was sent to me at Waikanae by Rangitane – I did not ask for it – it was a voluntary act of Rangitane – an acknowledgement – I did not sign the deed of Te Ahu O Turanga or the Rangitikei deed – if I had attended the meeting for the sale of Rangitikei block I should have signed the deed – but I did not go – if all Ngatiraukawa
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Had sold the Rangitikei Manawatu without my name put to the deed it would have been valid – After Horowhenua Ngatiraukawa ‘whati’ and ‘ka mahue tana whenua; nana ano I wahi tona pa’ – there was no peace made the day the ‘pa’ was ‘wahi’ – it was fear of me which induced them to go – after they left – I left Horowhenua and returned to Waikanae – I did not return ‘he takiwa raruraru’ – afterwards Ngatiraukawa returned – don’t know about peace being made at that time – peace was made afterwards – if the Ngati Apa desired to sell the land and all Ngatiraukawa did not agree ‘he raruraru te mutunga’ – I haved received money for the sale of Rangitikei Manawatu – received money, £80 from Ngatiraukawa – [am a] monitor – I consented to the sale – one side of Ngatiraukawa assented – I did not know that the signing of my name would cause trouble
Re-examined by Mr. Fox – some of Ngatiraukawa are at Maungatautari – the money sent to me by Rangitane ? ask them what they sent it for
Examined by Mr. Williams – I did not hear Rauparaha say to Ngati Awa to leave the land clear for Ngatiraukawa – I saw the going of Ngati Awa – I was a ‘tamaiti’ along with the chiefs and never heard this word
By court – went to be near the ‘pakeha’s this
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Was before the ‘heke’ of Whatanui – the land was abandoned by us
Kawana Paipai – sworn – Whanganui – Te Ati Hau and Ngapuhi and of Ngati Awa – I remember when the Ngatiraukawa came to Whanganui and were ‘patu’ by me on account of Te Wharerangi who was killed at [Rotoaira] – when they came to Whanganui they began to ‘hahu tu papaku’ and killed pigs – Whanganui turned on them and killed Parehikitanga – Ngatiraukawa killed [Hekawai] a chief of Whanganui we retaliated and killed Te Ruamaioro and 100 and took several prisoners Tupaea – Te Puke – Te Ao and others who were taken and are now at Otaki – knows Rangitikei Manawatu land – Ngati Apa lived there before Rauparaha came, they were friends of ours – they had ‘mana’ from Whanganui to Kapiti – Rauparaha and Ngati Toa on the first ‘heke patu’d’ Ngati Apa and returned – Rauparaha came peaceably the second time – at Waitotara he was met by Ngati Apa and Whanganui let them go to see Rauparaha – made friends and said “to whenua ! ko Kapiti” – Pikinga was now with Rangihaeata – Rauparaha passed on leaving Ngati Apa quietly occupying – Ngati Apa are ‘noho
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‘rangatira’ up to this time – Ngatiraukawa were looking for a ‘kainga’ for themselves and did not ‘patu’ Ngati Apa – Whanganui, Te Atiawa branch to Rangi Whakaruru went by sea to join Ngati Awa – the other branch joined Ngati Apa, Rangitane and Muaupoko and a member of the other tribes against the Ngati Awa – Ngati Apa was ‘toa’ on that occasion – after the fight Ngati Apa returned to Manawatu Rangitikei – Ngatiraukawa came with them – I saved them – “kua mate hoki naku I arahi atu I te kino” – Ngatiraukawa simply occupied – the ‘mana’ was with Ngati Apa and Muaupoko – I was at Te Awahou at the meeting with McLean about sale of Rangitikei – Ngati Apa was very anxious that their land should be occupied by ‘pakeha’s’ – agreed to sale of north of Rangitikei – after that side was sold there was a word about the south side – Hori Te Anaua said – “listen (Ngatiraukawa! ‘ko Rangitikei te rohe, haere noa ki Omarupapako – Pukehinau mo Ngati Apa tena kainga ne?” – “ae” – this was repeated – “let Omarupapako be the rohe” – “ae” – “kahore” – the “ae’s” were the loudest for Ngati Apa to have the land and Ngatiraukawa not to go upon it – Nepia stood up and said “what about the ‘ahu’ of your ‘tuakana’ Aperahama and Kuruho at [mara marihoea]?”
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Hori replied – “kei a au te whakaaro” – therefore Ngati Apa got the land on this side of Rangitikei as far as Omarupapako – signed the deed of sale of Rangitikei Manawatu block – got some of the money – I had land there – all Whanganui – if Ngati Apa and Ngatiraukawa and other residents had agreed to sell could not have sold without Whanganui’s assent
Examined by Mr. Williams – Ngatiraukawa has not got satisfaction – Whanganui were ‘patu’ at the time of the first ‘heke’ – Putiki Wharanui was a separate affair – I shut the road – the ‘ope’ were going to fight Ngati Ruanui to avenge Te Nihoputa and I stop [the] way – there was only one chief woman in the ‘pa’ – the chiefs escaped – 200 ‘puha’ and rubbish – Rangatawa also was taken – but that was only rubbish – no chief was killed there – Kuramate on another occasion – was a chief – 30 were killed – Ngati Apa and Ngati Awa were with Ngatiraukawa against us, their relations – Ngati Apa went to avenge their own losses at our hands – we retired up the Whanganui ‘awa rangatira’ – Ngatiraukawa was a ‘heke’ from Maungatautari – came to Rangitikei to look for a ‘kainga’ – Ngatiraukawa came down to Rauparaha – when Ngatiraukawa occupied I did not drive them off – I took them away from the teeth of Ngati Awa – I saved them and took
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Them away with me – they were a lot of half starved wretches – I saved them – Whanganui was divided in the Haowhenua – the Tupe-o-tu, and Te Hau-te-horo of Te Atiawa, were killed – in a ‘parekura’ – after this Otaki was left – we ‘whati’ and left the ground to Raukawa and Ngati Toa – Rauparaha and Rangihaeata were with Ngatiraukawa at Haowhenua – Ngatiraukawa left this at that time – Ngatiraukawa had left when Ngati Awa returned to Waikanae – I don’t know about peace being made – I carried Ngatiraukawa off – they did not live here – I don’t know when they came back here – it was not I who placed Ngatiraukawa at Rangitikei – ‘na Te Rauparaha I whakanoho ki konei [unknown word] ki Manawatu’ – it was when they left this they had no other place to go to ‘tateheke hanga’ – what were they to do? They left Haowhenua and went where they could – Ngati Apa were living ‘rangatira I runga I tona oneone I mua’ – there was no ‘parekura’ – I heard of them - I should know about them – on oath don’t know that my Ngati Apa were living as ‘mokai’s’ of Ngatiraukawa – Ngatiraukawa merely occupied the land as ‘heke’s’ they did not take it – Ngati Apa sold their own land to Government (Rangitikei block) – Ngatiraukawa were there but
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It has Ngati Apa – owners of the land, who sold – its for the owners of the land to consent and then it is right – Ngati Apa are the owners of the land – after the “ae” (in reply to Hori Anaua’s question) the land had gone to Ngati Apa – the “ae, kahore” was a second thought – after the meeting the other sides of Rangitikei up to Turakina was sold – Ngati Apa and Whanganui had the money – Ngatiraukawa left and came back to Manawatu – Ihakara and Patukohuru – after the meeting the Ngatiraukawa lived at their places on Manawatu – I know Himatangi it is in the block sold to the Queen – the only person I know as owner of that place is Matenga Te Matuku – did not see him but heard that it is his land from his ‘tupuna’ – I can not say that I heard Parakaia’s own mouth – it would not be right for the owners of the land to seek an investigation – lands which are in dispute between ‘ teina’ and ‘tuakana’ they may go to the court – lands disputed between tribes also – Ngati Apa were the owners of the land and wanted no investigation – Ngati Apa could not be in the wrong as it was their own land
Re-examined by Mr. Fox – there was no native land court at that time
Firther hearing adjourned to tomorrow
Court adjourned at 5pm to 8pm
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Court resumed sitting at 8pm
present – [thos] H. Smith and John Rogan – judges
Same assessors
Mr Knight produces plan of
Waerenga no2 – this is the plan respecting – which I gave evidence before the court last night –
Allots 116-117-118-119-90 and 92 Otaki
Tamihana Rauparaha
Allot no92
Rina Pururu – counter claimant for allot no92 – sworn – I am the widow of Raharuhi Pururu – this allot was assigned to my husband at the time of the laying out of the town – it was occupied by us – we had a house – occupied it many years – our 7 children were born there – afterwards we went to Rotorua left the house standing – we left Tamihana as ‘kaitiaki’ – Raharuhi said to Thompson “ka waiho koe hei tiaki, engari ki a au ano te tuturu o te whenua” – Matene Te Whiwhi heard the conversation – returned to Rotorua about 1861 or 1862 – on the death of my husband I returned here have not long been here – when I came here I found that Tamihana claimed the land and had applied to the court – Rawiri Te Wanui also heard what Raharuhi said to Tamihana about this allot – I have 3 children
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I ask for a grant for these children – I and Te Kipihana are the guardians of these children – he is at Rotorua – is a relation of mine
Re-examined by Tamihana Rauparaha – I heard from Raharuhi that he had told you that you were to be in ‘kai tiaki’ for the land – it was at your house – you were a friend of Raharuhi that is why he left you in charge – I remember what Raharuhi said
Rawiri Te Wanui – sworn – Otaki – I was here at the laying out of the township – know the allot no92 – it was assigned to Raharuhi – he occupied it – he had a wooden house – now standing – he lived there a long time – I did not hear Raharuhi talk to Thompson about the house and land when he left it – but I was present at a meeting there were 100 persond present we assembled there to hear his word about the house and land – he said that he left his allot to Te Reweti and Natanahira – Rina was present – this was the first arrangement – I did not then know anything about the arrangement with Tamihana spoken of by Rina, but afterwards, when I went to Tamihana about his taking the rent and then he told me that Raharuhi had given the allot to him – Raharuhi [unknown word]
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£12 as rent from the European who occupied it – the European is dead – his name is Eagar – Mr. Schultze is occupying it now – I don’t know whether the £12 was for rent or for how many years rent – the meeting I spoke of was after he had received the money – we the original owners of the land asked him for a part of the money as we considered it was part of the piece of the land and we ceased to ask him – we (Eagar and I) took the case before the Resident magistrate in Wellington to see which of us I or Tamihana should receive the rent – the magistrate did not hear my words – he heard Tamihana – it was decided in favor of Tamihana, no rent had been then received – afterwards Tamihana received rent – this was in 1863 – I believe it was in 1858 or 1859 that Raharuhi went away to Rotorua
Examined by Tamihana – there were two ‘whakawakanga’ about this land – one was here – Raharuhi was not here at the ‘whakawakanga o tenei whenua’ the ‘whakawakanga’ was in Mr. Hadfields school room – I and Eagar went to the ‘whakawakanga’ at Wellington – after that you went to Wellington – I call this ‘whakawaturua’
Matene Te Whiwhi – sworn – Otaki
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Know the allot assigned to – occupied by Raharuhi – when he was about to go he came to me and told me he was about to leave – I asked him who he was leaving in charge and he said “Tamihana” – I said “will you be long away?” he said “no I shall soon come back” he also said “if there is any rent for my land after I am gone Henare Taratoa will send it to me as I have spoken to him about iy” Tamihana to give it to Henare Taretoa – I did not of his having received any money as rent at that time – after he left Tamihana let the house to Eagar this was just before he left – heard of the ‘whakawakanga’ with Rawiri Wanui about the money but don’t know which was first that or or our conversation – did not know that Raharuhi had received money from the ‘pakeha’
Case for counter claimant to no92 – closed
Tamihana Rauparaha – in defence – sworn – Raharuhi when going away came to me and said “mau tenei whenua” – after this Eagar came – staid 5 weeks in my house and asked me if there was no house here which he could have for a store – I said I will go
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And see Raharuhi – I went to Raharuhi at his house and asked him if he would give his house as a store for Eagar – he came to my house and there he agreed and said “let the ‘pakeha’ buy it” – spoke to Eagar offered £12 – this money was paid to Raharuhi – after this the lease of the land was made this was on Raharuhi’s presence – it was written in English and read to me £5 a year was agreed to as rent – I signed that lease this was in 1855 – I believe is was a lease for 15 years and I was to have all the buildings – Raharuhi then went to another allotment in the town and lived there – Eagar had this allot – Raharuhi lived on the other allot and had a store there – after this Ngatiraukawa were dark about Raharuhi’s arrangement about these lands – when Mr. St. Hill came here they brought in the case to try to prevent the letting of the allot – Mr. Buller was the interpreter – Ngatiraukawa were on one side and I and Raharuhi on the [unknown word] – Mr. St. Hill asked Raharuhi if he had given up his allot to me and he said “yes” – Rawiri said this land was not given up to be let but that it is a place for ‘karakia’ – we shall reserve our land – we are not willing that it should be let – Mr. St. Hill said “I cannot interfere
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With the persons who own the allotments – Raharuhi was here 4 years after – [unknown word] – he then went – I received the rent during that time
Examined by Rina Pururu – Eagar’s store was on the allot occupied by you and your husband – Eagar afterwards went on to the adjoining allotment no94 – the rent of the land was received by me while you were here – you were here at the time of the ‘whakawakanga’ in the ‘wharekura’ of Te Harawira
Tamihana Te Rauparaha – put in a letter to which the mark of Rina Raharuhi was attached witnessed by Henare Ika (Henry Eagar) and Te Akau (Mark) admitting that the land had been given by Raharuhi to Tamihana – dated March 2 1868
Rina – appeared and admitted that the mark was her’s and that the contents of the paper had been read to her before she put her mark – (letter read and attached to papers) –
The court decided that the counter claimant had failed to make out her case and that the claimant was entitled to the certificate for allot no92
Further hearing of this case adjourned till tomorrow at 8pm
[unknown words pp 449 in this book]
Court adjourned at 10.30pm till tomorrow
