Friday July 5th 1867
The court resumed sitting at 10 am.
Present – same judge and assessors.
Investigation of claim of Matene Te Whiwhi.
Town Sections at Otaki
Pene Te Aunui – Sworn.
I am of Ngatihuia, Ngatiraukawa. Live at Te Wai Pukatea. I remember the laying out of the Otaki township. I had a piece near Matene’s piece. That piece is now Matene’s. I gave up my claim to Matene.
Paraone – called – did not appear.
Te Koroneho – called – did not appear.
Moihi – called – did not appear.
The further hearing of this case adjourned in the absence of witnesses.
Te Takapu – o – toiroa – Karanama
Claimant – called – did not appear.
Hearing postponed.
Kihiroa – Kharoa Mahau ariki
Claimant – called – did not appear.
Hearing postponed.
Whakarangirangi – Hemi Kuti and others
Hemi Kuti – Sworn.
Ngatiraukawa. Live at Otaki. The land claimed has been surveyed by Mr. Knight. My claim is founded upon a gift of the land by Hema Te Ao and Ropata Te Ao and their mother Iuri Te Kaute. The land belonged to Iuri. I have occupied this land for 10 years. It is fenced in. I have a house on it which I am occupying. The fence of Mr. Hadfield’s land is one of the boundaries. Te Whakarangirangi is an old name. Raita is my wife and Harota is my sister. I am 27 years old. Harota is 17. I apply for a grant of this land in the names of the three persons in my application. There are two younger sisters. They are living with my mother Taoro on the land claimed. I am willing that the grant should contain a restriction on alienability. Tare Kuti is the name of the elder of the two young sisters. Hana is the name of the other.
Opposing claimants challenged. None appeared.
Charles Godfrey Knight – Licensed surveyor - Sworn.
I know the claimant. I surveyed the land the subject of the claim at his request. He pointed out the boundaries. It was surveyed in July 1866. It is entirely fenced in. The sketch (attached to application) shows the shape of the land. I prepared a map of the land and gave it to claimant. In accordance with instructions received from the chief judge. He forwarded it to the chief surveyor in Wellington. I have not seen it since. I have been paid for the survey. There was no opposition offered to the survey at the time it was made. The land has been in cultivation and there are houses upon it. It was in occupation of the claimant at the time of the survey and enclosed by fences and natural boundaries.
Hemi Kuti – recalled.
I gave the plan to Mr. Hughes to take to Wellington in February. I produce a letter from the chief judge of 1st of November 1866 telling me to send the plan to the surveyor in Wellington.
Hema Te Ao – Sworn.
Of Ngatiraukawa. I live at Otaki and Ohau. I know the Whakarangirangi. It belongs to Hemi Kuti. It was given to him by myself and my ‘tuakana’ Hinerau and our mother Iuri who are dead. Part of the land was given to him by us and part by the father of Hoani Taipua (Karaitiana). We gave our portion because Hoani is a relation. Hoani is alive. I do not know the ‘take’ of the gift of Karaitiana.
Hoani Taipua – Sworn.
Ngatiraukawa. Live at Otaki. I know Hemi Kuti. He has land at Otaki called Whakarangirangi which he occupies. It is fenced in. I have heard that my father Karaitiana gave him a portion of the land occupied by him. The fences are now standing.
It was ordered that a certificate of the title of Hemi Kuti and Raita Kuti to Whakarangirangi containing be made and issued to the governor if within 3 months Hemi Kuti shall furnish a proper survey thereof also that the judge do report the opinion of the court that it is proper to place the following restriction and conditions on the estate to be granted. That is to say that the land shall be subject to the restriction on Native Reserves in the V clause of Native Land Act 1866.
That it be held by the grantees in trust for the benefit of themselves and of the following persons, Harota Kuti, Tare Kuti, Haana Kuti – minors.
Fees demanded Invest £1 Ex plan £1 Cert £1 Total £3
Fees paid - £3 – 0 – 0 T H S – July 5th 1867.
Wai Ariki – Rama Te Maru and others
Rana Te Maru – called – did not appear.
Mr. Swainson informed the court that the application which was in his handwriting refers to a piece of land at Terawhiti near Wellington. The claimants are Wellington natives.
Hearing adjourned to sitting at Wellington fixed for August 19th.
Wai Ariki – Wiremu Paiaka and others
Wiremu Paiaka – Sworn.
Ngatiraukawa. Live at Otaki. The land I claim is Wai ariki. It has been surveyed. Mr. Martin has the map.
Kararaina Whawha – appeared as counter claimant – Sworn.
I belong to Ngatiraukawa. I live at Manawatu. I claim a portion of Wai ariki. The portion I claim has been surveyed. Plan produced. I know the boundaries of my piece on the ground. I and Arapata Hauturu requested Mr. Knight to survey the land. Arapata is an uncle of mine (papa keke). He pointed out the boundary. The land belonged to Arapata and he gave it to me. I was present at the survey and saw the pegs put in. There is no one to dispute my claim. The pegs put in are there still. I will call Arapata as a witness in support of my claim.
Court adjourned at 1 pm to 2 pm.
Court resumed at 2.30 pm.
Arapata Hauturu – Sworn.
Of Ngatiraukawa. Live at Otaki. I know Kararaina Whawha. She has a piece of land at Wai ariki. I do not understand the map. I gave the piece claimed to her. I and my children. The piece belonged to my ‘tuakana’ Te Paea. He is dead. He left his land to me to Te Puke and Nerihana. These were his children. They are alive. Te Puke is at Taupo. Nerihan is here. The land was given to Kararaina by us while Te Puke was here and he was the one who gave it. Mr. Knight surveyed the land and I pointed out the boundaries. The pegs are still in the ground. I gave the land because she asked me for it. She is a ‘tamahine keke’ of mine. Her mother was my ‘tuahine’.
Nerihana Te Paea – Sworn.
Am a son of Te Paea. Te Paea had land at Wai ariki. A portion of it was given to Kararaina by us his sons, I and Te Puke. Arapata is a ‘teina’ of Te Paea’s. The land was surveyed by Mr. Knight. I was present at the survey. The pegs are still in the ground and the boundaries are the same as when the survey was made. I believe the piece of land shown on the map before the court is that pointed out by us to Mr. Knight and surveyed by him.
Charles Godfrey Knight – Licensed surveyor - Sworn.
I surveyed the land shown on the map before the court and made the plan. I made the survey in July 1866 at the request of Kararaina. Boundaries pointed out by Arapata and others and were distinctly marked in the ground and the angles pegged and lock spitted. It is grass land. No interruption was offered to the survey. I am aware that the map before the court is not prepared in conformity with the present rules of court. I have been paid for the survey.
Wiremu Paiaka – appeared and stated that the portion claimed by Kararaina did not interfere with his claim though it was a part of Wai ariki.
Kararaina – appeared and stated that she wished for a grant in her own name for the piece claimed and that the grant should contain a restriction on alienability.
It was ordered that a certificate of the title of Kararaina Whawha to a parcel of land at Otaki containing a4 – r0 – p24 be made and issued to the governor if a proper survey be furnished within 3 months and that the judge do report the opinion of the court that it is proper to place the following restriction and condition on the estate to be granted ie that the land be in alienable as in V clause of Act of 1866.
Mr. Knight directed to furnish a proper survey within 3 months.
Fees demanded Invest £1 Ex plan £1 Cert £1 Total £3
Fees paid - £3 July 5th 1867 T H S
Wiremu Paiaka – called – did not appear. Further hearing of Wiremu Paiakas claim to Wai ariki postponed in consequence of his absence.
The court adjourned at 4 pm till tomorrow.
