Wednesday November 25th
Present – The same
Court opened at 10 am.
Tutangatakino No. 4 – continued
Te Peina Tahipara – sworn
At Oroua – Te Mate awa – I came from Rangiuru and found that Marino had pointed out the site for the Ransfield’s house on Hoeta’s land. I said to Marino “this is Hukarahi’s land”. Hukarahi Hoeta’s father but the pakeha was cross (the ‘tane’ of our daughter). I wished the house to be put on our piece and we received a payment from Ransfield for the site of the house. When I objected to the house being where Marino had pointed out t was said by Marino “it is only a ‘noho noa iho”. It was before the Otaki town was laid out that this house was built. It was built after Mr. Hadfield came. I remember our going to point out the boundary between us and Hukarahi.
Xd by Ranapiri
Mr Hadfield was at Rangiuru when the house was built. The house was not ‘pakaru’ on my objecting to its being there.
By Court
The house was not standing when we went to point out boundaries.
Verbatim evidence.
Te Peina Tahipara
Taku kainga ko te Awahuri – taku hapu ko te Mateawa. E mohio ana au ki tenei whenua taku haerenga ma ii Rangiuru ka kite au i te whare o te Ranapiri e tu ana i runga i te whenua nei. He hunonga ki a maua – a ki atu ana au ki a Marino “no Huarahi tenei wahi”. Engari e whakahokia ana ano e au a te Ranapiri ki to maua wahi ko Marino a homai ana e te Ranapiri e rua nga pata kotahi i a au kotahi i a Marino hei utu mo ta maua nei wahi. Engari na taku hoa ke i hoatu taua wahi, ehara i a au, no Hoeta ke tenei wahi i tu nei te whare – a kua mate ia waiho iho ki a au te mate. Ki mai ana a Marino “he noho noa iho” ta te Ranapiri i tena whenua. Ko nga tau i noho ai a te Ranapiri. Kaore au i e mohio – ko te kainga tuatahi o te Ranapiri ko Rangiuru no muri mai tenei kainga. Kaore ano hoki a roto ne ii taonetia ai no mua atu i tu ai te whare i te tunga o Rangiatea me te nohonga o te taone nei, kua oti noa atu tenei whare ki runga ki tenei wahi i te taenga mai o te Harawira ki konei. E mohio ana au ki to matou taenga ki te rohe rohe i nga rohe o te whenua nei. Engari kaore a Hukarahi i pai kia tu tana whare.
Xd by Tiemi Ranapiri
I Rangiuru a te Harawira ka tu tenei whare ki runga ki tenei whenua. Kaore i pakaru taua whare it a maua Ngangaretanga ko Marino. Kua pakaru noa atu taua whare i to matou taenga ki te rohe rohe naku ano a Erena i Hoatu kia Renata.
Charles George Hewson – sworn
Reside at Otaki. I know the land before the court. I bought Ransfield’s claim about 1860. Renata – Ransfield’s father then told me the Ransfields lived on this and were burnt out.
Renata then sold me No. 3 adjoining. Ahitana Hoata and Mohi came to me and said that Ransfield had sold me land belonging to them. Ransfield came to me and proposed to them to take land through the native Land Court. He surveyed a portion of what I first bought leaving out what Hoeta claimed (the land shown on plan) and included in his survey what Renata sold to me. Ransfield told me he would not take the excluded portion through the court. He brought a plan and was accompanied by Mr. Thomson and Perenara – conversation – going to Rangitikei – get consent – got £1 for expenses. Saw him on his return. Asked if he had seen natives – said were gone to Whanganui. I then saw Feak of Manawatu who said “I am treating with Ransfield for land”.
I got a survey made by Wyles and Buck and a claim was put in by Hoeta who is in list – (Tutangatakino No. 7)
Xd by Tiemi Ranapiri
One sale Bevan was the agent. A piece of land called Tutangatakino has. Hoeta showed me where their cultivations had been but nothing growing.
Your mother sold me land before land first occupied bought of Hukiki you were living on No. 2 lot.
Verbatim (from clerks notes).
Charles George Hewson – on oath
I am Native Medical Officer residing at Otaki.
I know the land now before the court through Mr. Bevan Jr.
I purchased the Ransfield interest in these lands - £50. There was nothing said about boundaries. It was about 1860. Renata (Father in law of Ransfields) then sold me what is nowmy garden. The young Ransfields had lived on that land until they were burnt out. Renata then sold me No. 3. Hoeta, Ahitana and Mohi then came to me and said a portion of the land sold to me by Ransfield was their property. Hoeta said his father had cultivated and cleared the land that they had left in consequence of Ransfields pilfering. Ransfield subsequently offered to take my land through the court. He surveyed the land bought by me from Renata and also that bought from him exclusive of the portion claimed by Hoeta. He told me he must have the consent of Hoeta and others before he could take the rest through the court. He brought me a map, accompanied by Mr. Thomson and Perenara, saying that he was about to take the rest of my land through the court. He said he was going to Rangitikei and would get the natives to consent.
On his return he said the natives had all gone to Whanganui. I then met Mr. Feak of Foxton who said he was treating with Ransfield for land. I said I had bought it twice over. I then had the land re-surveyed and Hoeta put in an application to the Native Land Court.
Xd To Ransfield
Thomas Bevan acted as your agent. You gave me a crown grant for another piece. I never saw Hoeta’s cultivations on the ground. Your mother sold me a piece of land inside my fence but you had nothing to do with it. The land I first lived on I got from Hukiki. You lived on what is now my garden when I came here.
James Thomson – Licensed Surveyor – sworn
Put in a tracing showing where the claims conflict.
After survey Ransfield came to me and asked me to survey off portion between black dotted lines belonged to other persons. After this heard that Ransfield was trying to sell the piece between dotted lines to Feak of Manawatu subsequently I surveyed claim for Hoeta and his wife. The south boundary of this block (Te Peina’s) encroaches on the block surveyed for Ranapiri (between dotted lines). I pointed out that the boundary encroached on the land surveyed by me for Ransfield and he said “I claim this land”.
Xd by Ransfield
Verbatim evidence.
James Thomson
Licensed surveyor under Native Land Act. I know the land now before the court. I put in a tracing showing where the claim conflicts.
The plan produced is the first plan I made. I made the survey at the request of Dr. Hewson and Ransfield in the year 1872. After the survey was completed Ransfield came and said that part of the land surveyed belonged to different owners. He said he had Dr. Hewson’s sanction to put in the two claims. Shown on my tracing between the dotted lines. The piece shown by the black dotted lines Ransfield was endeavouring to sell to Mr. Feak.
Afterwards I surveyed the claim for Hoeta and his wife. It is included in what I surveyed for Ransfield. Te Peina is the name of it. I believe a separate application was made to the court for it. I pointed out to Hoeta that that land encroached on land surveyed by me for Ransfield, he said it was his.
Case for counter claimant – closed.
Court adjourned to view the ground and resumed sitting at 2 pm.
Tiemi Ranapiri – calls Hector McDonald – sworn
A settler residing at Horowhenua. Lived at Otaki in 1847.
Knows the land saw today inside of the fence. During the 10 years I was here never saw any cultivation. Ransfield’s father was living then in a wooden house the year I came to Otaki the house was standing and until I left. I was living within 300 yards of it for 10 years. I saw the house 3 or 4 years before I came to live at Otaki. I was living on the land I sold to Dr. Hewsons when the church was built. There was no one living there or cultivating but Ransfield. When I sold the land to Dr. Hewson the Ransfields were still living in the house. There were no ‘whare’s between their house and the mouth of Otaki except white mens houses – Skipwith and others.
Xd by Hoeta – did not see the persons who cleared the land.
Verbatim evidence
Hector McDonald
I live at Horowhenua. I came to Otaki in October 1847.
I know the land before the court where we were today. I did not see Hoeta or his people cultivating that land during the time I was living there – 10 years. There was a house there belonging to Ransfield and a fence. That house was not broken up. I was livingwithin 300 yards of it. It must have been built 3 or 4 years before that. I could not say who the land belonged to but it was supposed to be Ransfields. I was living on the land. I sold to Dr. Hewson when the church was built.
Neither Renao nor any other native lived on that land during my time. When Dr. Hewson bought my place Ransfield was living in the same house. There was no other house. Europeans only lived between them and the mouth of the river. I never saw Hoeta or Renao or any one else come there.
Xd To Hoeta
I do not know who cleared the land.
Rikihana Te Tarure – sworn
Otaki. Ngati Koriki and Ngati Raukawa.
I came to Otaki in 1853. I was here before as a child. Ransfield was then dead.
My tangata Renata was seeking the widow Erana to wife and married her. I went then to them and lived in Ransfields house. There was no other house or fence there in 1855. Renata opened a store there. I had left living there but went backwards and forwards. In 1858 we had a store there and a flood came and he removed for fear of being washed away. In 1859 he built the house (a Maori house) near to Dr. Hewsons. They moved into the new house leavingthe other still standing. Did not see the house there after 1860. The house was taken down. I heard Erena say that the land was hers.
Xed by Hoeta
I did not know you when I lived at Rangiuru. I saw Erena and understood the land was hers. Know Te Peina and Marino. Don’t know what relation they are to Erena. Supposed her ‘matua’ cleared because she was living there.
By Poari – I came here from Waikato.
Verbatim evidence
Rikihana Tarure
Ko Ngati Koroki taku hapu.
I te tau 1853 ka hoki mai au i raro, tae noa mai au kua mate a te Ranapiri. Ko te whaea o Tiemi a tuhituhi ana kia Renata tupuna hei tane maua a Marimatia ana raua i tana tau ano a riro atu ana au i a Renata ki aia noho ai ki tana whare o te Ranapiri i runga i te whenua nei. Kaore he taiepa ki atu i taua kainga. He whare hoki i te tau 1855. Ka me atia taua whare e Renata hei toa i te tau 1858 i roto ano nga taonga i taua whare a hokohokona ana e ia. I taua tau ano kaputa te Waipuke nui ki Otaki nei. Ka ki a Renata ki a Nukuhia mai taua whare ki komai ke pakaru i te Waipuke. I te 1859 ka hanga te whare ki komai a tu atu ano tana whare paraki i reira, i reira ano a Tiemi ma e noho ana i taua whare paraki. I mutu atu taku kite i taua whare i te tau 1860. Engari he mea wahi mai ano taua whare i a Erena ano tera whenua i mua na raua ano. Ko Renata i korero mai ki a au. Kaore au i mohio ki a Hoeta i reira i kite au ia Erena i reira e noho ana. E mohio ana au na nga matua ano o Erena i tua tera whenua, kaore au e mohio ki te whakapapa atu mo te taha kia Marino ma, ko taku i mohio ai na o Erena matua ano tera whenua, kaore au i rongo he mea poatu na Marino.
By Te Poari
I tae mai au ki tenei kainga 1853. Kaore au i rongo kupu kia Erena e ki ana i tae atu he tangata ki te pana iaia.
James Coots – sworn
Half caste constable. Live at Otaki. Came first to Otaki when I was 9 years old – 26 years ago in 1848. I saw the house of the Ransfields and the children of Ransfield. Played with them. There was no other house. Was here a year and then went with my father to Kapiti. 5 years there came back to Otaki 1854 and dwelt in Otaki. I saw the children again in the house. The father was dead. I saw no other person there living or cultivating. There was a fence and a stockyard. ‘I whiua a Hemi e tona matua i runga i tera’ stockyard, the only person I have ever saw working there is Renata who married Erena. I think the house was removed in 1859 or 1860. Dr. Hewson was wrong in saying that we were not living in the house when he bought the land of McDonald.
Xd by Hoeta
I never saw the ‘tumu tumu’ but saw Erena living there 26 years ago. Never heard that it was Te Peina and Marino who gave her the land.
By Poari
The land has been surveyed. Did not see the people claiming the different portions.
Verbatim evidence
James Coots
E mohio ana au ki te tau i tae mai ai matou ki Otaki nei e rua aku taenga mai ki Otaki nei ko te tuatahi i whai mai au i taku whaea, ko nga tau katoa o taku taenga mai, ko 26.
Ka kite au i tana whare o te Ranapiri me nga tamariki te take i kite ai au he haere huihui ta te tamariki. He oi nei anake taku whare i kite ai, kaore ke atu. A tikina mai ana au e taku matua a haria ki Kapiti. E rima tau ki reira ka hoki mai ano ki Otaki nei a noho tonu iho i konei me taku kite ano i aua tamariki. Engari kua mate te matua. Kaore au i kite i a Hoeta and Renao e mahi ana i reira i kite au i te taiepa and Tokiari a te Ranapiri, i whiua hoki a Tiemi e tana whaea ki runga. Ko koutou anake aku e kite ana i mahi ana me Renata hoki, ki taku mohio no te 1859 and 1860 i wahia ai taua whare. E he ana te kupu a Dr. Hewson kua mahue noa atu taua whare i taua taenga mai ki Otaki nei. Kaore au i kite tangata e ki mai ana ki a wahia tana whare kore rawa atu.
Xd by Hoeta
Ko te Ranapiri anake taku i kite ai e noho ana i roto i nga tau e 26 i runga i tenei whenua, kaore au i kite Ngaherehere. Kaore au i rongo he mea hoatu na te Peina and Marino ia a Erena.
By Poari
Kaore ra tenei wahi i urumai ki roto i te taone nei. Kaore au i rongo i mua e tata ana tetahi tangata ki tenei wahi. Engari ko ta Hoeta e piri mai ana ki taku. Na Hoeta ano hoki i hoko mai tetahi wahi iti nei ki a au.
Te Naihi Pekeia – sworn
At Otaki. Ngati Kapu.
I have a piece of land adjoining yours. I have seen only your pakeha cultivating the piece of land in question. Your mother and father. I have seen no one else cultivating there. I have never seen Renao or Hoeta cultivating there. I have been here since the coming from Rangiuru and have seen no one else cultivate.
Xd by Hoeta
Don’t know of Hukarahi and Te Kahuhui having any claim there.
By Poari
I heard that each ‘hapu’ cleared his own piece and this piece was cleared by Te Mateawa. Ngati Kauhata had a piece on the other side of this land never saw Nga Ruinga cultivate there. She was of Ngati Kauhata. Marino and Te Peina were papas of Erena.
Verbatim evidence
Naihi Pekeia
Taku hapu Ngatikapu. Kaore au i kite tangata atu e mahi ana i roto it a koutou taiepa. Ko koutou anake ko matua. Ko te Ranapiri me Erena, kaore au i kite tangata atu e mahi ana i reira. I te tau i haere ma ii Rangiuru ka kite au i a koutou e noho ana i konei.
Xd by Hoeta
E mohio ana au ki nga ingoa o Hukarahi and Kahuhui. E mohio ana au ki te nohonga o te Ranapiri ki reira. Engari kaore au e mohio na wai i tua, kaore au e mohio ki nga mahinga a Renao ma i reira, ko taku i mohio ai ko te papa anake o Tiemi me tana whaea.
By Judge
Kaore au i kite i te tuanga o tenei whenua e tamariki tonu ano au.
By Poari
Ko taku i rongo ai na ia hapu na ia hapu i tua tana wahi tana wahi. Ko te hapu nana i tua ko te Mateawa. No te Mateawa hoki a te Peina. Kaore au i kite ia Nga ruinga e mahi ana i konei no Ngati Kauhata ia. Ko Marino no te Mateawa, hei papa a Marino ma ki a Erana.
Te Peina
Teina (Nga Kupe) – Tokopiko, Te Taotahi, Hinekope, Erena.
Tuakana – Pakautora, Hani, Te Peina
Marino is Ngati Kauwhata i moe ia i taku tuahine – Merehiana
Merehiana = Ngakipa – Erina Ranapiri, afterwards Merehiana = Marino’s wife
Verbatim by Te peina (genealogy)
Taku tupuna no mua ma ii to Erena tupuna. Na Tokopiko, ko Taotahi taua ko Hinekope taua ko Erena, ko Pakautora ko Hani taua ko au. Ko Mrino i moe i taku tuahine keke ia Merehiana i mua ka putu ko Erena. Na te moenga o Marino i a Merehiana ka tata ia kia Erena ko Marino no Ngati kauhata.
Case for defence.
The judge stated that the decision o the court would be announced tomorrow at 10 am.
Court rose at 4 pm.
Adjournment till tomorrow.
