Thursday 11th February 1869
Court sat at 10 am.
Present - the same.
Waiorongomai – continued
Case of claimants Ngatimaiotaki.
Rota Te Tahiwi - on former oath
Xd by the court.
When I stated my case to the court, I told the court how I derived my title to this land. We were the first to occupy it after the conquest of Rauparaha. Parakaia has laid claim to a portion.
When we came from Kapiti before Haowhenua and occupied the block, Matangi and Pita of our party took possession of Kahuera.
When my matuas Pahika and Te Hira Te Tarei heard of it they came from Waiorongomai to Purehurehu lake and from thence to Rotomokai and Kotarari to Rahui to take possession of the land and eel weirs. We caught eels before Haowhenua in the water west of Huritini lake near the west boundary line and scraped flax there, and also to the east line of Huritini. I never saw Parakaia on this land. The boundary line shown on the map was laid down after the Ngatiawa left this land between the time of Haowhenua and the Kuititanga to divide the lands of Ngatiwehiwehi from those of N.Maiotaki and N.Waihurihia. It was laid down by Te Kingi (Maiotaki) and Paora Turei (N.Wehiwehi).
In the year 1842 it was made pumau. Te Kingi is dead Paora Turei is present. We did not cultivate on the part claimed by Parakaia, it is not fit to cultivate, but we cultivated on the land, east and west of it and used to live on it while catching eels and dressing flax.
While so employed no one interfered with us.
Xd by Parakaia.
What were you doing on this land in 1843? Catching eels and scraping flax etc.
Did you know that Te Kingi and Paora laid down this line? I do.
Was not this a boundary of Te Whetu’s of Ngatiawa? I never heard so.
Do you not know that the land I claim belongs to N.Turanga? No, I never saw any of you on it.
Were you always on it? Yes.
Did you not go to Rangitikei? Some of us went, some stayed.
Was I not at Otaki? Yes, not on this land.
Paora Turei – sworn
Xd by the court
I belong to Ngatiwehiwehi. I know the land south of our boundary line now disputed by Parakaia. It belongs to Rota and Rawiri. I have seen his matuas Te Matangi and Kingi living on it. I lived on the land north of the line by Huritini lake, when I came back from Kaiapohia before Haowhenua. My children were born there, Matangi and Kingi exercised rights of ownership over all the land south of our line from the sea to the mountains. The boundary line was laid down after the death of Matangi by Te Kingi and me to separate the lands of N.Wehiwehi from those of N.Maiotaki about the time that Mr. Hadfield came (about 1842).
The whole of the land show on the map belonged first to Ngatikoata and Ngatitoa. Te Whetu and Te Patete of N.Koata gave the land of the line to Ngatiwharara and to my tribe, they gave the land south of the line to Matangi and tribe (Maiotaki). This was long before Haowhenua.
Xd by Parakaia
When did you make this boundary line? After the death of Matangi and Haerewharara. The first was killed at Haowhenua, the second died about 1844.
In reply to a question
Te Hiko of Ngatitoa gave up the land to Te Whetu, and Te Whetu gave it to us, he toa ma te Whetu.
How do you know that the land was given to Haerewharara? He told me so.
Did you never see Te Au and N.Turanga working on this land? No. Never.
Did we not live together at the cleanup of Kahikateas? No.
Do you remember the opehohou rongo of Te Heuheu? Yes.
Did I not work at eels in Huritini for that Ope? No.
Who first leased this land? I did.
Did I not oppose it? No.
Did you not give me a share of the rent? No.
Did not Kepa give me £1? He may have made you a present of a pound.
Te Rewiti Te Kohu – sworn
Xd by the court
I belong to Ngatiwehiwehi. I don’t claim on this land now before the court, but on the land adjoining (north of line). The land south of line belongs to Ngatimaiotaki. I know that because there was a dispute between them and us about the boundary of our land. We had a great meeting, and then the present line was laid down. It was an old boundary which we then confirmed. I first remember this land at the time of the Kuititanga (1839). I have never seen Parakaia on this land sice that date. I have been constantly on the land on and off since then. I have planted potatoes on it. I have frequently seen the N.Maiotaki upon it, scraping flax and catching eels. Their houses were on Kahuera.
Xd by Parakaia
Was not the long boundary line on map a pig boundary? No.
Were not the hinakis of the Ngatikapu on Huritini burned? I never heard so.
Was not rent money given to me? No, £1 was given to Haerewhararas daughter.
Te Kupa – sworn
Xd by the court
I belong to Ngatiwehiwehi. I know the land to the south of our boundary line, it belongs to Ngatimaiotaki. We lived on our side of the line from before Haowhenua, and ever since that the N.Maiotaki have been in possession of the land south of ours Waiorongomai. I have never seen Parakaia on it. I should have seen him there had he ever occupied it. I can quite remember Haowhenua. Parakaia and his wife have stated that they gave taonga. They were not given by my papa Haerewharara to Te Whetu on account of relationship.
Xd by Parakaia
Who was Te Whetu? He matua na taku matua.
Are you sure it was Haerewharara who gave the taonga? I am.
Did you see it? I did.
Did not the Ngatikapu destroy your hinakis? Yes unwarrantably and afterwards paid for the offence by giving a cask of powder and a Patiti (hatchet).
Did I not incite them? No.
Had Kharoa a claim to this land? Yes.
When was the boundary laid down? Long ago. It was at first a boundary between Ngatitoa and Ngatikoata laid down by Te Whetu.
Horomona Toremi – sworn
I belong to Ngatitoa and N.Koata, the original owners of Huritini. Te Whetu (of these two tribes) went and fetched my matua Haerewharara from Taupo. He came to this district and he and Te Whetu lived on Huritini scraping flax, also Te Kuru Haerewharara’s cousin. After they had been there two years I came and worked with them. After the expedition to Kaiapoi we left and came to Otaki. The next year a great many went to Huritini to scrape flax namely the Ngatiraukawa, N.Turanga, N.Kohera. After one year the N.Kohera left for Taupo and that the Haowhenua fight took place.
After the war, Parakaia, Te Kuru, Haerewharara and I went to Manawatu, and left Toka of N.Wehiwehi, Haerewharara’s teina on Huritini.
After Kuititanga, I came to Ohau Otaki. Hearing that only Toka was on Huritini, Te Kuru requested me to go with him to ask Toka to allow his relative Mirika to go on Huritini to get eels. I went to Toka accompanied by Te Kuru and Parakaia. Toka refused.
In the year 1861 Toka was drowned in the Huritini lake while eel fishing. N.Wehiwehi are the owners of the land north of the line as they have been on it in possession ever since Haowhenua. I have not been on the land since Haowhenua.
Rota Taurei recalled, in regard to Ngatikapu – counter claim.
Xd by the court
The Ngatimaiotaki, Ngatiwaihurihia and Ngatikapu were one tribe, and all occupied the land together at first.
In January 1852, our three hapus had a meeting about a boundary to separate our lands. After Haowhenua, we all three fished eels in Waiorongomai lake for Rauparaha. After this the N.Kapu ceased to fish eels in that lake. Afterwards Te Ra of N.Kapu who had not fished on it for many years proposed to come again to fish, but Matiu of N.Kapu our chief objected and said he had better keep to where he had been fishing, in the lakes to the east and south, Te Roto Mangungu, Ngatotara Waitawa and Purehurehu.
Matiu himself fished in all the lakes. Te Kingi (of Maiotaki laid the boundary from Waitawa past Te Ngoungou to the S.E. angle A. Matiu of Ngatikapu laid off the boundary from that angle to the angle further north near Purehurehu B. I never heard before of the line from A to Tioriori. Matiu was one of our principal chiefs. The N.Kapu did not fish for eels on our lakes after that boundary was made.
Xd by Tonihi
When you leased this land did you not give me part of the money? Yes.
Did you not hear of the boundary laid down by our three hapus? Yes, the line from A to B.
Why did you give me a share in the rent? He tikanga Maori Hanita and Ani Kauara gave it.
Did you not come with Hanita? No.
Te Rei – sworn
Xd by the court
I belong to Ngatiwaihurihia. I remember this land since 1844, but when the meeting to divide the land was held, I was absent. I heard of it from Hanita my father on my return. The boundary described by Rota is correct.
The only owner within these boundaries are N.Maiotaki and Waihurihia.
The land outside apportioned to N.Kapu is quite as large as this which we claim. Matukutuku lake belongs to Hanita.
The N.Kapu have no houses or cultivations within our boundaries. We used to bring eels from Kahuera, and put them in the lakes on the land which N.Kapu now claims. We put them there to breed when there were no eels.
Xd by Erueti Tahitangata
Were not Matiu and Te Ra the great mana over this land? Matiu was, not Te Ra.
Did not Matiu and Te Ra lay off this boundary? Don’t know.
Had I not a house near Matukutuku? Never saw one.
Rota recalled in reply to claim of Hipirini and Karanama.
Xd by the court
Hipirini, Karauawa and others lived and worked on the part claimed by them. They first went to live there long after the Kuititanga about 1844. Te Wirihaua took to wife Hone te Tihi’s daughter and he was allowed to go there by Te Wirihana with his tamarikis. When Te Wirihana died they left and have never been on it since. They were not on it more than a year, and then only by permission of Wirihana. I am quite certain they were not on the land before Haowhenua.
Xd by Hipirini
Did you never see me working on this land? Yes as I have said.
Did I leave when Wirihana did? Yes.
How do you know? I did not see you on it after that.
Was I only on it one year? Yes, when you left, Hanita occupied it.
Did you never see a post of ours there? Not till lately.
Was Hone te Tihi a little mana? He was a chief of Te Mateawa.
Te Rei recalled
Xd by the court
I remember Hone Te Tihi Hipirini and party going to work on the land they now claim in 1844. Te Wirihana took to wife the daughter of Hone and Hone was therefore allowed to work there. Hipirini and other friends followed. They only worked there one year and then went away, and never came back.
Kotarari is the name of a house belonging to us. Hone and Hipirini lived from the year they went there in that house of ours. I was living there at the time. After they left I frequently went back to plant kai, and I know that they never returned after the first year.
Xd by Karauawa
When did we first work at Kotarari? In 1844.
Were we there only one year? Yes.
No other evidence.
Mr John Hughes – sworn
I am etc. I made the survey of the land shown on the sketch map before the court. The survey was not completed.
The boundary between N.Wehiwehi and N.Maiotaki has been cut on the ground and chained, the coast has been traversed.
The other lines were marked out with poles, but not chained with proper accuracy. The south and east boundary was done in a hurry as the claimants were aware that the Ngatikapu would interfere with them. I undertake to produce a new plan based upon a proper survey.
I have a claim for survey of £17 – 12 – 0. The boundaries were pointed out by Rota and Ropata.
Judgment in favor of Rota and party.
Rota recalled – said
The grantees we propose are Rota Te Tahiwi, Hohipuha Kareanui, Rawiri Wanui, Hori Te Waru, Te Rei Parewhanake, We Hopihona Wharewhiti, Kipa Kerikeri, Maika Takarore, Peni Te Hapupu, Ropata Te Au.
The other persons interested are Horimia Pitawa, Te Harawira Te Whio, Nuna Te Taurei, Hokiera Te Wharewhiti, Hapeta Te Rangikatukua, Pita Pukeroa, Akatohi Tipao, Taituha Tamepehi, Pirika Te Hurihanga, Rawiri Te Tahiwi, Wiremu Paki, Te Pehara, Te Iwiata, Hopa Tahaia, Manihera Te Rau.
No other claimant appeared.
Interlocutory order in favor of Rota Te Tahiwi and the nine others. Names of the 16 other persons interested to be registered under clause 17.
Surveyors charges £17 – 12 – 0 – proper map to be furnished in 6 months.
Fees charged Invest £3 Int. Order £1 C. Gt £1 Total £5
