Saturday April 18th 1874
Place – the same Present – the same
Kaiwharawhara or Kapiti No. 3
The court stated it had arrived at a judgment in this case and would award the land to Hemi Kuti and co claimants and that the counter claim of Henare Te Herekau was not proved.
Ordered that a Memorial of ownership in the names of Hemi Kuti h.c and 17 others as per page 412 on ---
Kaiwharawhara or Kapiti No. 3 – 396 acres
Hemi Kuti h.c, Hema Te Ao, Ropata Te Ao, Hoani Taipua, Waitao Te Kanawa, Harati Kuti h.c, Hana Kuti h.c, Tare Kuti h.c, Heni Matiaha, Tatana h.c, Taine Kuti h.c and Hori Te Waru
Be made and issued to the above named parties
Rangatira – Kapiti No. 4
Matene Te Whiwhi – sworn
I live at Otaki and belong to Ngati Toa.
I know the land shown on the plan. It is Rauparahas, Rangihaeata’s, Mahurenga, Nohorua and Aratangata at the present time it is Meri and Tamihana’s. The fighting party of Ngapuhi. The first man who went to was Te Pehi of Ngati Toa (grandfather of Wi Parata) also Te Rangihaeata, Hape was Te Pehi’s on the southern boundary. When Pehi arrived, he left it to Rangihaeata and Topera. Rangihaeata’s was given to Te Pehi. Wharariki and Pouatakarehi was returned.
Ngati Toa then came – we arrived at Waikanae in the evening and next day went over to cut up Kapiti – ours was the canoe that landed first at Kapiti. Afterwards, Pehi’s canoe and afterwards, when all the tribes had arrived, Te Rauparaha and Whangairuoropena and Tokoahaki to Makiri, two years afterwards we cut up the whole of the island extending to the mountain which is within the map, we also cleared the bush for the purpose of making gardens to grow food. This was at Pikiwahine and Tuteremoana.
When Ngati Raukawa arrived, Te Rauparaha and Rangihaeata said to me, go and show your parents the land as cultivations for them. This was on the other side of Pikiwahine. Ngati Raukawa occupied two years and returned to Otaki. Ngati Raukawa never returned.
The first people who arrived at Kapiti were Ngati Toa. 2nd Ngati Tama and then Ngati Awa. I don’t know the date. Kapiti was left by Ngati Tama and Ngati Awa. They went to Wellington and left Ngati Toa on the island. Kahuoterangi and Waiorua is where they lived. Both these places are outside the map. We remained in possession of the middle of the island.
At the time of Haowhenua, we divided and went to the other side of the strait. Some remained. Nohurua settled at Te Awaiti on the other other island and also he and Makurenga at Cloudy Bay and they obtained rights over that party of the country, other sections of their hapu’s joined them and Kapiti was left to us and to Te Rauparaha and Rangihaeata to Tamihana and to me and have not returned as to this day.
In 1836, Te Maeneene was sold by Te Rauparaha. It was obstruded by Topiora and was not established or concluded. It was offered to Thomas Evans.
In 1849, Te Rauparaha, Tamihana and myself let some of the land. No one disputed our right to do so up to this day. Maybe we have heard of a dispute. The amount we receive for this land as rent is £10 per annum. Ngati Toa do not let any portion of it. The reson why the rent sums low is owing to the land being mountainous.
It is in 1845 that we ceased to live on the land. Ngati Toa have not occupied since Haowhenua.
Te Rere, the north boundary is an old one. It was laid off by Te Rauparaha. The north boundary is the boundary between Wi Parata’s claim and ours. There is no dispute about it, I mean the stream.
Objectors challenged.
Ropata Hurumutu – sworn
I live at Porirua.
I belong to Ngati Toa.
I know the land. It is mine and my hapu’s. It is not Matene Te Whiwhi’s or Tamehana’s. Their piece is at Wharekeru outside the claim.
The names of my hapu’s are Ngati Haumea, Ngati Tera, Kuao, Ngati Tumania - when we cropped. We went to Kapiti then our hapu went on to this particular block. Matene and his party went to the other end of the island. Mahurenga and his children came from Wharekahu and lived at Rangitira (land in claim) and cultivated food and took possession of the land for a period of these years, then Te Rauparaha came to Taepiro (within the claim) and remained there one year then the fight at Waiorua took place. Waiorua fell, Te Reingarepe and the Te Pourangi were captured also Te Kiwa Kaingakiore. Kaingakiore was sent to re--- some of their party who run away in the fight. They did not return.
Te Rauparaha did not take part in the fight. He lived on the land and sent ---- to the other side to make peace. Peace was made, the people who went returned together withal the people there. It was at this time that Ngati Apa came.
Previous to Haowhenua, Te Rauparaha came over to get up a war party. The fight Haowhenua took place. At this time we were on the land in question. We still hold possession and our children. Wi Parata and others are on the land. It was afterwards Haowhenua that I left Kapiti and went to live at Wainui near to Waikanae. I knew Te Rauparaha, he did not lay off the boundary of this claim.
X questioned by Hoani Taipua – counsel for Matene
Do you object to Matene? Yes.
Have they no claim at all? No.
Have you surveyed your claim? No. My people live at Waikanae and go to fish.
Did you object to Tamihana’s lease? No.
Are there not sheep placed by Tamihana on the land now? I don’t know. I have sheep on --- of the island.
Do you and Wi Parata object to Tamihana? Yes.
Which Place? Rangatira.
Why did not Wi Parata include the portion he claims within this map in his survey? I don’t know.
Did you see the survey of this land? Yes. I consented to the survey. I did so, that the claimer might be heard by the court.
When was it that Ngati Toa devided and left Kapiti? Before and after Haowhenua.
When did you leave? At Haowhenua.
Te Hora Hawia – sworn
I live in the province of Nelson.
I know the land under investigation.
I belong to Ngati Toa and Tumania.
I have a claim to this land to my knowledge this land was Mahuenga and is now held by Tamihana Te Rauparaha.
I was born at Porirua.
When Ngati Toa arrived, they staid at Waikanae and then cropped over to Kapiti.
Ngati Kumikumi and Ngati Mania occupied Rangatira. They lived there and cultivated food. This was near to Rangatira. Te Rauparaha and Te Rangihaeata’s clearing was at Pikiwahine. Rauparaha etc are relations of ours. He occupied up to the time of Haowhenua and then we went to Porirua and left Kapiti. I have been 20 years at Nelson and returned at the time of the survey of this land and disturbed Tamihana in this survey.
Ropata consented to let their case go before the Native Land Court. This place Rangatira was a place of abode of my fathers and Te Rauparaha also.
X questioned by Hoani Taipua
Do you object to Tamihana over the whole block? I admit them to the kainga’s.
Whose is the land now? It is all Ngati Toa’s.
When you went away to whom did you leave the land? To Matene’s ----.
Court adjourned at 12.30 pm until Monday.
