More Info →4th March 1873

Description

Tuesday March 4^th 1873

Adjourned sitting held at Foxton (Manawatu).

Present – J. Rogan Esquire – T. H. Smith Esquire – Judges

Hemi Tautari – Assessor W. Budson – Clerk E. T. Woon – Interpreter

Kukutauaki – continued

Judgment

The court sits today pursuant to adjournment on the 9^th day of December last and will precede to give give the preliminary judgment in the case of the claim of Akapita Te Tewe and others to Kukutauaki as promised at its residing.

The delivery of this judgemnt will be the only business entered upon today. After this, the court will adjourn until tomorrow at 10 am when it will be prepared to hear any applications which parties may desire to make and to proceed with the hearing of claims.

Judgment

This is a claim of Akapita Te Tewe and others representing certain portions of the Ngatiraukawa tribe to a block of land lying between the Manawatu river on the north and the Kukutanaki stream on the south on the west coast of the province of Wellington and extending inland from the coast to the Waterohea of the Tararua Range of mountains.

These boundaries include lands the titles to which have been investigated and decided by his court which lands are therefore accepted from the present enquiry.

The claimants apply to the court to order certificates of title in favour of individuals and of sections of the Ngatiraukawa tribe, assenting an exclusive ownership founded on conquest and on continuous occupation from a period anterior to the Treaty of Waitangi.

The claim is opposed by Te Kepa Rangihiwinui and others representing five tribes. Muaupoko, Rangitane, Ngatiapa, Whanganui and Ngatikahungungu who contend that Ngatiraukawa has acquired no rights of ownership over the said block and that the land belongs to them as inherited from their ancestors and as still retained in their own possession.

The claimants and counter claimants with their witnesses have been heard by the court on the general tribal question and

The Court finds

That sections of the Ngatiraukawa tribe have acquired rights over the said block which according to Maori custom and usage constitute show owners thereof (with certain exceptions) together with Ngatitoa and Ngatiawa whose joint interest therein is admitted by the claimants.

That such rights were not acquired by conquest but by occupation with the acquiescence of the original owners.

That such rights had been completely established in the year 1840 at which date sections of Ngatiraukawa were in undisputed possession of the said block of land excepting only two portions thereof viz

1. A portion of the block the boundaries whereof are not yet defined situate at Horowhenua claimed by the Muaupoko tribe of which they appear to have retained possession from the time of their ancestors and which they continue to occupy.

2. A portion of the block at Tuwhakatupua on the Manawatu river (boundaries not defined) claimed by a section of the Rangitane tribe whose interest therein is admitted by the claimants and

The court finds

That the Ngatiapa, Whanganui and Ngatikahungungu tribes have no separate tribal rights so owners of any portion of the said block nor any interest therein beyond such as may arise from connection with the Muaupoko resident at Horowhenua.

That the Rangitane as a tribe have no rights as owners of any portion of the said block nor any interest therein beyond such as may arise from connection with Muaupoko resident at Horowhenua or with that section of Rangitane whose slains at Tuwhakatupua re admitted by the claimants.

A translation of the foregoing judgments was read by the interpreter and the cout adjourned until 10 am tomorrow.

Identification

Date

April 4, 1873