016-029
Monday March 31st 1873
Place – the same
Present – the same
Hauhanga No.2
Hoani Meihana handed in a list of names he inserted in the certificate of title together with names to be registered dated section 17 October 1867.
Ordered that a certificate of the title of
Atenata Te Wharekiri, Hare Whaitiri, Heketa Te Awe, Hiraka Porima, Taituha Taringa, Pani Ketunga, Rora Wharekiri, Nireaha Tamaki, Hopakuku Paewai, Ihepera Paewai
Be made and signed to the parties without restriction when a proper plan then shall be furnished and that the names of the following persons be registered in the court under the 17th section of the N. L. Act 1867 being the names of persons found by the court to be interested in the said land – No restrictions
Atenata Te Wharekirik, Hare Whaitiri, Heketa Te Awe, Hiraka Porima, Taituha Taringa, Pani Ketenga, Rora Wharekiri, Nireaha Tamaki, Hopakuku Paewai, Ihepera Paewai, Eraita Te Rore, Maata Whakapupuni, Karaitiana Tukamara, Hamuera Pakaiahi and Hoera Takapari
Horowhenua
Manihera Te Rau- sworn
I am a Muaupoko and also a Ngati Raukawa. Ngati Raukawa is my tribe. I live with Muaupoko, the land between Waiwiri and Waingaeo.
I know this land is in the occupation of Muaupoko and has been from the time of Rauparaha until now. I am not clear about the time Rauparaha came. I did not come with him.
I came here at the time of the peace was made between Whatanui Muaupoko at Kerikeri - Shortly after I came to Horowhenua again where I moved to Otaki then I returned to Horowhenua again where I have lived permanently since.
I do not know that the Muaupoko have ever been disturbed in their occupation of all this land before the court.
I know Raumautangi. I know Watene. Watene’s right to Raumautangi is through Whatanui. Whatanui’s right is to a pa at Tueki giben when, after Haowhenua. No land was given only this eel weir or pa. I know the Waiwiri Stream. The Muaupoko used that stream for catching eels.
Rakauhamama is the name of a place. There are stumps of trees there. I have heard that Kirehamama is the name of eel water used by Muaupoko and their ancestors.
I do not know the eel pas of that place - Hokio Stream. I know there is a potato cultivation at Poututakirua. I saw it cultivated. There was an old pa kainga of Muaupoko there called Wawahanga at Porotutakiria at Kutiwi – it was cultivated – there were houses.
Komokorau – I know that burial ground. It is now used by Muaupoko. Their dead are buried there now.
Taengaehe is a cultivation of Muaupoko. It is now cultivated by Muaupoko – the tribes of Kemp and Huria.
Okotore is an eel water of Muaupoko and where they go for mamaku – a forest there – a hill is beside it. Ohenga is at the end of the hill – a burial ground of Muaupoko.
Te Waiwhangai o te Mutu is eel water of Muaupoko.
Rotokatia is eel water of Muaupoko up to the time of the treaty. I have been there. These are the places inland of Tawhitikuri which I know belong to Muaupoko. Kupe is a big house (hui). Fences are there and smaller houses.
Waitahi – I know it now. There are houses and a cultivation used by Muaupoko.
Pamiamarama is the general name of this land surrounding Kupe.
Mauru – I do not recognize that place.
Te Paeomiratu – I know that place. I have heard it is in cultivation of Muaupoko and a place where shags lodged. Te Waikiekie and Te Noho Te Kaurai’s people landed here.
Otaewa is a cultivation of Muaupoko. Fenced and houses are still standing. An orchard of peaches, cherries and karaka is there still.
Te Hou is a cultivation of Muaupoko. They have an orchard there.
Motukiakia is a bush where Muaupoko gather Keikei and eat them. Puaotengau is a cultivation of Muaupoko. Pohuturoa is a cultivation of Muaupoko. Paenoa is the same. Ruapekapeka is the same. Mahoenui – part os this is a Muaupoko cultivation. Pikiwahine is a Kahikatea tree owned by the ancestors of Muaupoko and up to this time or generation. Tatearero is a cultivation. I saw Rangihohia nad Tonguru Muaupoko people cultivating here. Tonguru is Kemp’s father.
Titerangi – I do not know about this place. Tahua is a recent cultivation of Muaupoko. Waituri is the same. Ngurunguru is the same. Mokomoko is the same – peaches are growing there. Weraroa is a run. There are no houses but houses and pigs of Muaupoko are running all over it.
Te Hoainga – I do not know.
Te Karaka te aitu is a karaka tree of Muaupoko.
Kopi is the commencing place of a road inland to Ohau and Tararua. It comes out at Makomako on the Horowhenua lake. Kopi is the name of the track. Another track opens up to Waitui – goes to Arapaipai, Te Kiekie, Haratoa and Tararua. Uringahuatari is the name of that road – Arapaipai. There is a Muaupoko cultivation here called Kopuhutoroa. It is seaward of Arapaipai.
There are cultivations of Muaupoko on the Ohau river. I cannot give the names of the places. Muaupoko have the rights to cultivate there.
Potaranui – I know, it is a place where Muaupoko obtain kiekie. Mokonui is the name of a place where the Muaupoko ancestors caught rats.
Otumai – I don’t know.
Papaitonga – I know, it is a pa in Wairuiri in possession of Muaupoko.
Puketoa – I do not know.
Otawhawhao – I know, is is a cultivation of Muaupoko cultivated at the same time that Papaitonga was occupied. It is not far from Wairuiri. It is part bush part lake and part fern.
Kaimakariri is an eel water of Muaupoko used by them when the water goes off. Ngakauau is an eel water of Muaupoko and now in use.
Okatio is the name of the beach from Waingaio to Otaki. There are a number of smaller places within that. The Muaupoko have not lately gone to the sea to fish. When they do, that is their fishing ground.
Ngati Raukawa have not disturbed them.
Ngamana pole was erected by Ngatihuia and pulled down by Muaupoko and burnt.
Ngati Raukawa have never disturbed the Muaupoko in the occupation of the places I have named. I know the time when sheep and cattle were sent here by Whatanui Tutaki. Muaupoko did not let them remain. Muaupoko killed thecattle above the lake extending to Arapaipai. The sheep were driven to the northern side because the arrangements made by Whatanui with the people owning the land were not correct and consequence the word of Hunia and Kemp that the sheep should be driven off. Kemp and Hunia said – drive the sheep right away. McDonald desired that the sheep should be left and Muaupoko allowed them to remain. I do not know of any land being laid off at Raumatangi for Whatanui.
Xd by Mr. Buckley
Why did you leave your tribe and go with Muaupoko? I was friendly with Himiona and I was a teacher. I was married to a woman – a sister of Himiona. The principal reason, because I was a teacher where I teach until the present time.
Were you not a slave of Ngati Raukawa and driven away by them? No.
Did they not send you away? No.
Did you not misconduct yourself with Ngati Raukawa? No.
Have the Muaupoko any claims outside these lines – the boundaries on the map? Yes they have claims and cultivations outside the boundaries on both sides – north and south.
Name some outside at Waingaio. The whole country is Muaupoko’s.
Is any portion of the land between the boundaries in the possession or cultivated by Ngati Raukawa? At Raumatangi.
Any others? There is a cultivation at Otauhawhao.
Have they any others? No. Otauhawhao was used by them at the time of the dispute.
There was a dispute? At the time of Whatanui Tutaki, at the time of the sheep. I do not know the time or the year.
Do you remember Whatanui laid down from Tauhutikuri to Tauateruru across the lake to Weraroa and saying Muaupoko must not cross it? I remember a pole being placed at Tauateruru by Whatanui. It is not there about the line of Whatanui. I have lived there constantly. Fencing was put up at Pamuamarama by Muaupoko Watene their puts up a pole at Tauateruru and Muaupoko lay it up.
What was this fence – a dividing fence between the Raukawa and Muaupoko? Muaupoko have no boundary there.
Who gave Whatanui the right to go on this land? Haowhenua was the commencement. Whatanui went to see Taneki. When Whatanui went to Namuiti then spoke to Rangihohia – prevent him going – Taneki would not allow it. Whatanui came back to Raumatangi and Hokio in peace where a slave of his lived named Oreore – he was NKahungungu.
Did Rauparaha afterwards threaten to annihilate Muaupoko? No – the Muaupoko never heard of it.
Did you ever hear of it? I never heard of it.
Did Whatanui ever protect Muaupoko from Rauparaha? Namuiti Pukeiti were part of Muaupoko and when …. Came to live on the …. Of the lake.
Did not the Muaupoko cultivate the places named by you as Whatanuis slaves? Whatanui had no slaves of the Muaupoko tribe to whom he could give directions of that nature.
Did any of Whatanuis descendants ever live on this land – did Pomare live there? No.
Did H. McDonald pay rent to Whatanui for the land he leased from him? McDonald paid money to Whatanui until the time the cattle were driven off.
Were the cattle and sheep driven of while Whatanui lived? Yes.
Were no sheep afterwards on this land belonging to white people? Had they they would have been driven off by Muaupoko.
Did any of Ngati Raukawa come up the lay off this boundary? There was one chief named Nepia Taratoa came during the disturbance about the sheep. Muaupoko would not consent.
Did Muaupoko tell Ngati Raukawa they meant to kill the cattle? Yes – notice was sent.
Do you know a surveyor named Swainson? Yes.
Do you remember him surveying the land for Matini Te Whiwhi? After this disturbance about the sheep Tauteka brought his survey and there the great difficulty commenced.
Was that survey made? He attempted but Muaupoko went to break the instruments. It was not made.
You are not friendly time with your people? I am living peaceably with them.
Where did you see any of those old cultivations of Muaupoko? They are cultivating at Kohuturoa now. All the potatoes are grown there.
Was not that an old cultivation of Whatanui’s? Yes it was of his and Tamati’s. Muaupoko now cultivate the whole.
Do Raukawa fish eels there? No.
Muaupoko case closed.
Court adjourned for an hour.
At 2 pm the court resumed.
Mateni Te Whiwhi – sworn
I am a Ngati Toa chief of Ngati Raukawa and other tribes.
I know the last witness – Manihera. He is nobody. He is a Raukawa. His reason – principal – was lest his wife should be taken by Muaupoko then no other reason. He is Muaupoko. He is not a Ngati Raukawa now.
At a meeting – Ngati Raukawa and Muaupoko – I was President to fix the boundaries of the two tribes. That’s was during Sir Grey’s first administration. The first meeting was Whatanui Tauaki and Te Atua. I mean old Whatanui. There was a meeting in Whatanui the elder for settling the boundary at Tauateruru to settle the boundary between Muaupoko and Raukawa. There was a dispute before that meeting. It was about the boundary at Tauateruru. That boundary was the business of the meeting.
It was finally settled that Toe should be for the Muaupoko and that Tauateruru should be the boundary. The Muaupoko chiefs were present and consented to Whatanui’s boundary. The arrangement was with Whatanui had he chosen he could have made their land smaller. From Whatanuis time until the time that Swainson went to make a survey for my wife up to this time of Whatanui the younger there was no disturbance. It was Ngati Raukawa commenced the trouble. It was Ahukaramu commenced it with Whatanui – by Whatanui the younger. I mean Whatanui No. 1. There were 4 Whatanui’s. Whatanui had 3 sons.
1 Whatanui Tutakiawheawhe 2 Whatanui Te Tahuri 3 Whatanui Haua
The first disturbance relative to any boundary between Ngati Raukawa and Muaupoko commenced. The dispute relative to Ahukaramu’s dispute – I was the judge – I was on the side of Ahukaramu. Aperahama and Nepia and others were on the other side.
The two last were Raukawa too. It was between Raukawa wished to claim at Raumatangi. Ahukaramu’s claim was not allowed at Raumatangi by this committee.
Another year there was another meeting about this land with Ngati Raukawa. All Ngati Raukawa came from Rangitikei upwards and also Kaumeahomia and others. That meeting was held in support, Nepia to investigate this. This was during Sir Greys first administration. I was invited by Nepia to that meeting. I did not go.
The end of the talk was that the land was for Whatanui. The second (Tahuri)?
This talk was first about Tauateruru, the second was about the Hokio stream. The ending of it, that Ahikaramu’s claim was not substantial at the stream. The land was finally agreed for Whatanui. Whatanui’s boundary waswhere the boundary between Tawhatikuri and Tanga….as between Raukawa and Muaupoko was no disputed until about 1864 when my wife asked Swainson to make a survey for her of a portion of this land buying to the north of Hokio.
Matine Te Whiwhi here complained of being so unwell that he was allowed to retire.
Tamihana Te Rauparaha called – sworn
I am a chief of Ngati Toa – am son of the Rauparaha.
I know the land described by the plan before the court.
When Te Whatanui migrated – he settled on this land. My father gave all this place Horowhenua to Whatanui and the people living there in the character of slaves. The right relative to Horowhenua was with Whatanui. Whatanui lived there constantly and the Muaupoko have the same relation to him as the eels in the weirs. Whatanui retained hold of the land.
We went and saw Te Whatanui with his slaves and with Muaupoko at Raumatangi. These few people (Muaupoko) were preserved by Whatanui – his father would have killed the lot of them (they were hidden).
The Muaupoko had Ngati Raukawa living on both sides of them and were living in their pas. Namuiti was one. The Muaupoko had no status at the time of Haowhenua. They were only living as slaves.
Up to the time of the payment by Wakefield, the boundary then was Raumatangi. Ngati Raukawa did not give them – Muaupoko – so much as a pipe, a pen, a bit tobacco or a ring – also payment of another white man called Hugh who paid £10 on account of land at Raumatangi.
Muaupoko got no portion of it. At that time of Mr. Hadfield – old Whatanui gave Muaupoko a piece of land. The boundary of which is now described – out of consideration. That time the boundary was agreed upon by Whatanui and Ngati Huia from Ngamana to Ngatokorua. That was between Muaupoko and Ngati Huia. They have since lived peaceably up to the time of the letting to McDonald.
After the death of the elder Whatanui, the arrangements relative to land matters were left with his 3 children. They gave directions to Muaupoko to carry eels for them to Otaki. These are persons who commemorate those who were permitted of Muaupoko to live in his (Whatanui’s) presence.
Two Whatanui’s died and then the right over this land was left with Whatanui Tutaki. Then Tutaki’s time commenced the leasing. I do not know the year it was first let to McDonald. I heard that there was some arrangement about the land.
When north of Tauatururu that there should be a division of the money between Whatanui and Muaupoko. Roera Hukiki took the money south of Waiwiri.
Whatanui Tutaki received the money between Waiwiri and Tauateruru. Ngati Huia and Muaupoko received the money north of that. Muaupoko took as far as Ngamana boundary and Ngati Huia above that. To my knowledge Muaupoko had no mana there whatever. They were permitted to catch eels although that there was no meaning in it that the catching of eels only up to the time of Hunia coming to build Kupe and the burning of Watene’s house that I know of any assention of right and it was then I wished to commence operations to fight against them.
At the time that Rangihaeata came to Porotawhao (about 1847), I saw Muaupoko carrying him fresh water mussels (kariwa’s). The roads first made were by Rangihaeata and to the astonishment of Sir Grey. It is only in latter days that this notice has ensued in Hunia’s time. Before that Muaupoko and Raukawa lived peaceably together. Ngati Raukawa respected the word of Whatanui that they should be with these people and live with them, up to these times. Ngati Raukawa permitted them to paying the rent for their piece of land.
I know nothing about the giving of any portion of this above towards Tararua. All I know is the lower part. The trouble at Mahoenui was quite of a late period about 3 years ago Muaupoko came and pulled up the potatoes. We agreed that the matter should be referred to Mr. McLean.
We did not interfere. Another is why we took no action in the matter but allowed the matter be decided to the law. Had it been according to old native custom we should have shot them at once.
Court adjourned until 10 am tomorrow and in the event if its being a fine day tomorrow – until 10 am on Wednesday to permit the court to go to Horowhenua for the purpose of settling certain points.