December 20th 1878
Foxton
Court opened at 10 am.
Present – the same
Oroua Pititi - continued
W. Young informed the court that the grant was under the Native Land Act.
Objectors challenged
On behalf of the objectors, Hoani Meihana admitted the relationship to deceased but objects on account of the land as it is his. No ate Tata died soon after the award and no claim for succession as everyone knew who his successor was. Erina then died. Rupena died afterwards.
All Ngati Kauwhata knew that Te Kooro should succeed to Te Kooro. When Erina died all her personal property went back to Ngati Wehiwehi. Some were given back by Te Kooro and his sister and others were seized. A green stone belonging to all her hapu’s was carefully given back.
Her relatives were invited to her death and in consequence of their not coming, she gave the Kuru and Heiteke to her husband. They were afterwards married by her people. The Heiteke, I gave back. I kept the ear drop. I did not hear from her lips what she intended to do with her interest. Probably, if her relations had come, she might. Her husband lived after her and I never heard him mention about the share. When he died, his sister applied to succeed him.
(Erereta Te Rangiotu – my wife) – Last March, she was appointed Kooro’s successor. Te Kooro had already become successor to all.
If there had been children, Erina would not have applied.
This land belonged to Ngati Kauwhata. Their title was before Haowhenua and they held it down to the Treaty of Waitangi and down to 1865. When negotiations for sale commenced, there were great disputes about – money was paid.
In 1866, some hapu’s of Ngati Raukawa consented and some did not. Ngati Kauwhata was a separate tribe. Half of Ngati Raukawa consented to the sale and received money.
A few of Ngati Kauwhata, Rangitane, Ngati Apa, Ngati Kahungunu, Whanganui, Ngaiauru, Ngati Ruanui, Ngati Awa and Ngati Toa, they all agreed to the sale. Ngati Kauwhata retained their own piece.
At the court at Otaki, 1869, Himatangi was awarded to Ngati Turanga, Ngati Hau and Ngati Raukawa. In 1869, the court sat in Wellington. The sellers tried to upset the no sellers. Several hapu’s of Ngati Raukawa were shut out with other tribes including Ngati Wehiwehi.
Ngati Kauwhata wasw awarded their proper claim, 4500 acres – to the larger body of Ngati Kauwhata and the 500 acres to Te Kooro and 4 others. Te Kooro continued to struggle for his lands and he obtained £4000 and 310 acres. It was through Te Kooro that Erina came on the land. It belonged to his side.
I claim on behalf of my wife to succeed to Erina Te Kooro.
Reupena Te One
Te Kooro – Enereta
Reupena’s elder brother was Noa Te Tata. Tino Tangata is a cousin of Kooro.
It was suggested by Mr. McDonald that some arrangement had been made by the natives and government and asked that Mr. Young’s evidence be taken in the other case, Awahuri Manawatu A, which might throw some light on this one and asked the court to suspend judgment until this claim had been heard.
Granted
Awahuri Manawatu A – Te Kawakawa – Te Rotonuiahau, Te Ruahine – Subdivision
Mr. Mc Donald stated that the application was to have the interests of 5 out of 6 of grantees in Awahuri Manawatu A and of 4 out of 5 grantees in Kawakawa and not for subdivision of the lands.
Awahuri Manawatu A
The judge stated that not having even papers or plans, he would, with consent, allow Mr. Young’s evidence to be taken in order that he might return and if the necessary documents arrived, the case could then go on if not the evidence wouldgo for nothing.
Mr. McDonald’s agent for Ngati Kauwhata here stated the case at length.
Thomas Edward Young – sworn
I belong to Native Department.
I know this land. It is the same block awarded in list A in 1869. A crown grant was prepared according to the order of court. I have seen the grant under which the land is at present held. It is not the same as the first one prepared according to the order of the court. The present grant is issued under the Rangitikei Manawatu Crown Grants Act 1873. Had the other one been issued, it would have been under The Native Lands Act.
I know a piece of 500 acres which was awarded at the same time it was not awarded to the same persons. The Grant for 4500, was awarded to one set of persons in one hapu and the 500 acres to another set of persons in the same hapu.
I knew Kooro Te One. His name was not in the – awarded for the 4500 acres but is in the one for 500 acres. His name is in the existing grant for 4500 acres. I am aware that you or Ngati Kauwhata made a suggestion as to the names to be inserted in the grant for the 4500 acres different from those mentioned in the award. The difference was in the names that a number of them were not in the grant that were in list A. I cannot say how many names were in the proposal. I think Te Kooro’s name was one. I don’t know of any other reason but that of the proposal of Ngati Kauwhata that his name was inserted.
Xed by Dr. Buller
I cannot say that through Mr. McDonald, the name of Te Kooro was inserted. I am not positive Kooro was a chief of importance. I am familiar with Rangitikei purchases. Kooro was a great opponent of government in those purchases. I think that through his action, more favourable settlement to Ngati Kauwhata and other non sellers took place. He was often in Wellington about the matter of non sellers.
I remember acting as interpreter in the court at Wellington in 1869. Kooro was one of the principal people connected with the non sellers. He was put forward as one of their principal witnesses against the crown. He did not accept the decision of the court. He always declared his intention to hold his lands. During his life time, I never heard of his being objected to. That is in the grant. I was frequently in correspondence with Mr. McDonald as a government officer.
It was a matter of arrangement that only 6 out of the 36 in the award were inserted in the grant. I never heard the question raised as to Kooro’s share in this land being less or more that the others. I cannot say what his proper share was.
The grant for 500 acres for the five names was prepared in accordance with the award of the Native Land Court. One went to its legitimate end and then was altered. I do not know of any authority for the departure of the usual mode in which the grant for the 4500 acres was issued and it was, I think, a proposal as to the 6 names being inserted in the grant.
By the court
The investigation in 1869 by the Native Land Court was no doubt a full and searching one.
Setion 139 – Town of Sanden – Rangitikei Manawatu Block C
Te Poutu (a promise by Sir D. McLean)
Section 377 – Town of Camaroon Section 214, 215 – Camaroon
Peene Arama – sworn
I am a half caste.
I live at Otaki and Rangitikei. I belong to Ngati Kahoro.
I knew Mititama Te Rangi. He is dead. Died in April last. No will was made. When I came, he was buried. I am Winiata – to succeed him.
Pakiki
Pakara – Rangitakahira
Keita – Miritana
Pene Arama – Winiata (adopted)
I am willing that Winiata Nepia should be admitted with one share and share alike as tenants in common.
Objectors challenged
Maraku Te Rangiherawea – sworn
I don’t object to the claim of Peene Arama or Winiata. I can rectify the death of Miritana Peene – has left one out – Te Hope – she attended him on his death and during his illness and he expressed a wish that she should be put in one of the sections.
Peene stated he would protect the girl’s interest and carry part of Miritana’s wish.
Meheurau – sworn
I belong to Ngati Kahoro. I am first cousin to deceased.
Tahupakipaki was our common ancestor.
By Dr. Buller
Himiona Tenu – sworn
I claim to succeed Miritana.
Parekauwhata – Rerenoa
Te Kiri Mau – Miritana
Himiona
Rangitakehama was Miritana’s father. His father and mother came from the north.
The court said the land having descended on the fathers side who came as a warrior, the court would give an order in favour of Peene Arama and Winiata.
Wereta then appeared.
Wereta Kimate – sworn
I belong to Ngati Parewahawaha. I approve of Peene Arama and Winiata going in the order.
Manahi Paora – sworn
Found to have no claim being some 4 generations off.
Order to be made in favour of Peene Arama and Winiata Nepia in equal shares as tenants in common.
Fees - £1.0.0
Ngawhakaraua
Claim to succeed to the interest of Erina Te Kooro in the above block. The court having previously (in another case) ascertained the heirship to the deceased made the following order – there being no objectors.
Order in favour of Manahi Paora, Amiria Paora, Winia Paora and Pirihira Paora
Fees - £1.0.0
Court adjourned at 5.45 pm.
