Tuesday April 14th
Court sat at 10 am.
Present – Thos H. Smith, N. B White and same assessors.
Himatangi – continued
Tapa Te Whata: – recalled.
X-examination by Mr. Williams – continued.
The land opposite to Himatangi on this side of Manawatu belongs to Ngati Rakau, Ngatituranga and Ngati Te Au. They occupy a long distance along the bank of the river. I have seen them there. The part, I with others sold was the whole block. The part I sold (Ngati Kauhata) (described by witness as that portion of the Rangitikei Manawatu block lying north of the Whitirea Paepae line up to a line from Kaikokopu to Kakahuwera and along the tinted line to Te Rakihou and thence across to the Ahu – o – turanga block shown on sketch No. 5). That land belongs to us and Ngatiapa and Rangitane. Ngatiapa go there to catch eels every year from Rangitikei and Oroua. The boundaries were fixed by me. The land on the other side south of Whitirea Paepae line and on Rangitikei side was for Nepia and the Ngatiapa, Ngati Kauhata and Ngati Te Ihi ihi. Ngati Kauhata has no claim on these lands of Nepia. Nepia has no claim on the Ngati Kauhata lands but he asserts a claim. I refer to Te Rakehou formerly he asserted a claim on the whole of the land but that has ceased. Te Paratahua is mine. He only asserts a claim to Te Rakehou now. Ngatiapa and Rangitane have a claim over all the land on both sides. Rangitane from Puketotara to Tai Koria and Kerei Te Panau is interested in the land right on to Rangitikei. Ngatiapa are interested in all the land from Rangitikei to Oroua and across Oroua. Rangitane had a claim formerly in Himatangi and afterwards as they were parties to a lease. Ngatiapa also have claims on Himatangi. The ‘hapu’s’ of Matene claim it because it was the land of their ancestors and because they went over the land to take eels. I have seen them taking eels on that land. I saw only one place at Papawharangi. I saw this before and up to Haowhenua. I don’t know of any potato cultivation of Ngatiapa there after that. After Haowhenua, I saw the cultivation of Ngati Rakau on the Himatangi block on the side of Manawatu. I received £3,000 of the purchase money of Rangitikei Manawatu block. I don’t know what reserve I shall get. I have asked for 4,000 at Te Awahuri also for 2,000 at Puketotara and for 200 at Mangawhata and for 400 at Te Kairakau. Dr. Featherstone did promise reserves there but I am not clear that he has agreed to give the reserves I have named. He promised me one reserve where I liked and I chose Te Awahuri. I distributed the money I got, giving some to the sellers and I offered some to the dissentients but they would not take it. The sellers and non sellers (residents) are about equal in number. Te Rewiti and party have not an interest in the Ngati Kauhata lands at Oroua as being members of the tribe but are not entitled to be considered owners because ‘kaore ratou e noho tuturu ki reira’. Paora Pohotiraha has a full claim equal to my own. He resides here, but I reside there and I represent him. Te Rewiti and party don’t go to Oroua but to Manawatu to the Rangitane lands. I thought there might be no ‘whakaua’ afterwards when I took the money. I thought there might be a ‘whakaua’ between us the sellers and the non sellers. I myself did not hear any Europeans say that there would be no investigation. Others may have heard.
By court.
There were about 20 of Whata’s party who went up the Oroua. Some had guns and some had not. There were no women. Ngatiapa were not living at the pa’s named by me yesterday, at that time. None of them were built then. They were built after Whata’s return at the time of the giving of Aorangi and Whakaari to him. Aorangi is on the east of Oroua and a portion is included in the Ahu – o – turanga. Aorangi belonged to Ngatiapa only. Rangitane did not own any portion of it. Te Rewiti Motiti of Ngatiapa represented the Ngatiapa interest in Te Ahu – o – turanga. Rewiti got some of the money. There were no people at Te Rotonui – ahau, when we first went there. Te Ahimate was built the year after they went to Te Kiri Kiri. Hamuera’s claim was admitted by me because he asserted it strongly. The Ngatiapa with Ngati Kauhata are not the same as Ngatiapa with Nepia. Nepia with Pataua and others of Ngatiapa with Ngati Kauhata, the Ngatiwai – ‘tu mokai’. There are others of Ngatiapa interested but I don’t know names of ‘hapu’s’.
Mr. Fox – put in a declaration filed in the Supreme Court by Mr. Izard, counsel for Parakaia and Nepia with affidavit of Parakaia Te Pouepa – sworn before A. S. Allen – Deputy Registrar of Supreme Court on the 26th of July 1866 (B) with translation (A) with affidavit of E. W. Puckey sworn before same, same day, with document signed by Parakaia appointing C. B, Izard his solicitor in suit in Supreme Caourt. Parakaia and Nepia, plaintiffs and Dr Featherstone and other defendants’ documents were read in court and translated.
Mr. Fox – stated that the remaining witnesses were not present in court. One of them is having accompanied the surveyor to Himatangi.
Mr. Young proceeded to read the documents put into court by Mr. Fox on the 7th of April (List A).
Court adjourned at 1 pm.
Court resumed sitting at 2 pm.
Mr. Young proceeded with the reading of documents in list (A).
Mr. Young after reading for an hour was unable to proceed and there being no other business before the court.
Further hearing adjourned till tomorrow.
Court adjourned at 3.50 pm.
Court sat at 8 pm.
Present – Thos H. Smith, N. B. White and same assessors.
Tutangatakino No. 3 – Tiemi Rauapiri
Continued from pp 282 (from pp 630 in this book).
Case of counter claimant, Karanama.
John Hughes – Licensed surveyor – Sworn.
At the request of the native Karanama, I accompanied him to the land shown on this plan as claimed by Rauapiri. He put in two pegs showing the boundary of his claim. The pencil line on the plan shows his claim as pointed out to me by him. The land claimed by him lies between the pencil line and Dr. Hewson’s fence and contains a1 – r1 – p25.
Karanamu Te Whakaheke – recalled.
I have been with a surveyor to mark off the portion of land claimed by me which has been included in the survey of Tiemi Rauapiri. ‘Pou’ have been put in by me at the boundary. I know the point at the east end by the site of a house which is visible. The boundary was near the end of the house.
(Witness failed to show that he had any mark to guide him in fixing the peg at the east end of his claim).
I am sure that the line marked out by me is the old boundary between the piece cultivated by me and that cultivated by Marino. The doctors’ fence is the old boundary between my cultivation and Paranapa.
Tesed by Tiemi.
I know the boundary to be correct because it was at the side of our houses.
Hipirini Taiwaraki – called by Karanama – Sworn.
Otaki. Ngatiraukawa. I know the land shown on the plan. I have been there today. I went with the surveyor and Karanama. I saw the ‘pou’ put in by Karanama. I saw Karanama’s father cultivating that land. I am sure that the ‘pou’ put in by Karanama are in the old boundary. There is a ridge formed by the weeds and rubbish thrown on the boundary between the cultivations ‘kua tuahiwi nei’. The land on the north side belonged to Marino that on the south to Karanama’s father. Karanama was about (3 feet 6 inches) so high when I saw his father cultivating. He was old when he went to Waikato. He cultivated up to the time of the building of Rangiatea and ceased at that time. He came there to Pukekaraka and after some years went to Manawatu where Te Whakaheke died. Karanama came back to Otaki and has lived here ever since. I know of Karanama’s going to Waikato. It was after he had come to live at Pukekaraka. After the occupation of the town, the ‘tuakaua’ of Karanama’s mother, wife of Marino cultivated after Te Whakaheke but not the portion now claimed by Karanama. The cultivated beyond East of Karanama’s boundary. Te Whakaheke’s piece extended right on beyond the point claimed by Karanama.
Tesed by Hemi Rauapiri.
Dr. Hewson’s fence is on the old boundary. I am sure of my own knowledge that the fence stands on the old boundary on account of the houses.
Piahana Te Poutama – called by Karanama – Sworn.
Ohau of Te Mateawa. I know the land shown on the plan. I have not been there today. I owned the land on the south side of Karanama’s, the piece which is now Dr. Hewson’s. I was there a year ago. I don’t know about the ‘rohe’ but I know that Karanama’s was next to mine. I and Te Whakaheke worked at the same time. I left mine first. My piece was on the river Otaki. I sold my claim to Dr. Hewson and Paranapa, sold his. Both sold the same year – about 3 years since. Witness described boundaries of lands cultivated by Karanama and Paranapa as abutting upon his – on the inland side.
Tiemi Ranapiri – in defence.
I cultivated this land before the occupation of the town and a portion of this land was sold by us to Dr. Hewson. My mother first sold a piece of land on the south of this land at the west end. Other natives sold other portions and lately about 6 years since. My mother and I sold a triangular piece which formed part of this claim. The fence was formerly crooked and we sold a portion of our land to straighten the fence. I did not go to the land with the surveyor today. My father died in a house on the land claimed by me, at the west end. The boundaries as shown in my survey at that end are on the place where the fence round the house stood. After my father’s death, we built 2 houses on another part of this land. One was occupied by my mother and her new Maori husband and one was occupied by us. Shortly before my mother’s death, we removed to Pukekaraka where my mother died. She wished me to leave the east end of this land for her children by 2nd husband but they are gone to Heretaunga with their father who belonged to that place and I sold the land to Dr. Hewson.
Further hearing adjourned till tomorrow.
(Continued at pp 652 in this book).
Court adjourned at 10 pm till 10 am tomorrow.
