Friday April 17th
Court sat at 10 am.
Present – same judges and Ropata – assessor.
Himatangi – continued
Mr. Fox addressed the court with reference to evidence to be brought forward with respect to leases.
Ratana Nga Hina – recalled – deposition.
I recollect a lease of land at Makowhai to Mr. Alexander 4 years before the dispute about Makowhai. We (Ngatiapa) were cultivating potatoes and wheat at Makowhai. The 5th year, Ngatiraukawa brought up their mill. This was in 1856. When the stones were taken up, we (Ngatiapa) built our ‘pa’ to fight about the mill. Ngatiraukawa were digging the ‘awa’ and we were building our ‘pa’. When the embankments of the ‘pa’ were built the stones were brought by Ngatiapa to the ‘pare pare’ of the ‘pa’. This was done because if Ngatiraukawa had come to take them to their ‘awa’ ‘kua whawhai tonu I reira’. Ngatiapa kept the stones. The dispute increased and Nepia went and settled it. Ngati Raukawa ceased to ‘kiri’ their ‘awa’ and returned – the stones were left – are broken. It is false what was stated by a witness that Nepia allowed Ngatiapa to join in a lease to enable them to raise money to join in building the mill. It was not Nepia who arranged the lease. First lease of Makowhai was granted to Mr. Alexander in 1858. We (the Ngatiapa) agreed with Mr. Alexander for him to occupy Makowhai. Alexander consented. A lease was written. £60 a year was the rent agreed on to be paid half yearly for 19 years. After the lease was written Alexander paid down £30. Young Nepia heard and I heard went to Alexander and his men to intimidate him and got money and I heard that he got £5. In 1859, we received a second £60. Nepia also went to the ‘pakeha’s’ and asked for a portion and they gave him £5. In 1860 we again received £60. When I took the money to Parewanui, the Ngatiapa chiefs held a meeting to consider about Nepia’s going to the ‘pakeha’s’ ot ‘whakawehi wehi’ and to get money. Mohi Mahi said “I propose that £10 of this money should be taken to Nepia and that he be requested to cease applying to the ‘pakeha’s’”. This was done. Mohi Mahi then said to me “you take the £10 to Nepia and our message, that he cease to interfere”. I took the money to Matahiuri, found Nepia there, ill, also Kuruho and young Nepia. I gave the message. Old Nepia said “it is well. It is not my doing. It is young Nepia”. He then told his son he must cease to interfere. Kuruho and young Nepia assented. In 1861, I leased Taikoria to Treweek. The land joined Makowhai lease. Treweek agreed to lease. We wrote to Kerei and Te Peeti – Rangitane. They came up and we went together to Whanganui to Treweek. Churton was our interpreter. We had a conversation and Treweek agreed to the terms we propose.
(Copy of lease put into court).
Dated April 9 1861. Signed J. C Churton and containing original receipt for £55 signed by Ratana Nga hina, dated September 10th 1862 as rent due to the end of the year 1862.
The same year Mr. Alexander asked us to enter into a fresh lease for Makowhai to commence with 1861 so as to commence in the same year as the Taikoria lease (1861).
(Document supposed to be a copy of this lease shown to witness).
This is a copy of the lease granted by us. I handed this to Dr. Featherstone.
Ngatiapa received the rents under that lease till they were impounded by Dr. Featherstone. After 1862, Alexander became the lessee of both and paid the rents accruing for both leases.
I know the Pukenui lease. Pukenui and Hikungarara are the principal names of places – Capt Daniell was the lessee. This land as well as the two proceeding is in the Rangitikei Manawatu block. In December 1860 I heard that Nepia Taratoa was leasing Pukenui. I went to Capt Daniell (We were then living at Pakapakatea occupying Te Pora. Kotoka Te Pawerawera and Pakepaketea and Ohokea ‘kainga’s). I asked Capt Daniell if it was true that Nepia had leased Pukenui (at Whakaari) “Ngatiapa will not allow this. Don’t you agree? Your cattle will not be allowed to be put on that land”. Capt Daniell assented and we returned to Pakapakatea. I heard soon after that Nepia had again been to Capt Daniell to offer the land. I and Hamuera and Te Hemara and others went to Capt Daniell, found Nepia there talking to Capt Daniell. Daniell told me he and Nepia were preparing a lease. I warned him that Ngatiapa would not agree nor allow his cattle to go. Nepia and I had words in the house and outside. I returned after again cautioning Daniell. A day or two after we heard that Nepia had received money and that a lease had been executed. We went again to Capt Daniell and asked if it was true about lease and money paid to Nepia. He said “it is”. I said “your cattle will not be allowed to cross” “you had better try to get your money back” £60. We returned to Pakapakatea. I heard that the cattle had been yarded and were to be crossed by Ngatiraukawa. I wrote letters to Turakina and Whangaehu for Ngatiapa to come. 50 came to Pakapakatea. We arranged to ‘pupuri tonu nga kau’ and if he attempted to put them across Rangitikei we would kill them. Went again to Capt Daniell told him we would kill his cattle if he attempted to cross them “but seek you to get our money back”. Returned to Pakapakatea. Daniell did not send his cattle but applied to Nepia to return his money. In January 1861, Aperahama Tipae wrote me to say “There will be mischief – to you be ‘nga wari’ let Nepia have half of the rent but we keep the land”. I did not make this letter public but still urged for the return of the money and the cancelling of the lease. After this Kuruho came to me at Pakapakatea and said, “I am willing to return the money and lease”. His friends were Te Waitere and Hamuera. I heard that the money and lease were both returned to Capt Daniell. We went up next day with Kuruho and other Parewahawaha’s and arranged a fresh lease and I said “let Nepia have £30 and Kuruho £30. (Two documents purporting to be leases one by Ngatiraukawa and one by Ngatiapa of certain land on the left bank of Rangitikei whown to witness who stated that they contained the terms of the agreement entered into by the parties with Capt Daniell dated 15th January 1861 – rent £60 per annum – lease for 9 years). Wereceived £30 a year, up to the time when Dr. Featherstone impounded rents.
Waitohi lease.
Donald Fraser desired me to let him have some land in 1861. We offered him Waitohi part of Whakaari. We arranged terms £60 a year. There was a stipulation for increased rent after a certain time. Mr. Nixon wrote the lease. It was witnessed by Nepia. Mr. Nixon and Tahaua Paati (Ngatiapa) no Ngatiraukawa were admitted as parties to this lease.
(Lease to Donald Fraser for 15 years – dated 14 May 1861 put in) (identified by witness – signed by witness).
Rents were received by us. Rents to be paid by Hamuera and Nikera. When we received the first years rent, we gave Ngatiraukawa (Aperahama and Nepia) £10 and never gave them any afterwards. Continued to receive the rent up to the time of impounding by Dr. Featherstone. The names on the other side of the paper were not signed till afterwards.
Mingiroa lease.
I know of that lease. After the Waitohi lease we heard that Nepia had ‘whakatuturu ‘ed’ a lease at Mingiroa. Te Waitere Maru Maru (Ngatiapa) went to Nepia to talk to him. Nepia would not listen to him. Nepia wished that the lease should be his and that he should give Waitere a part of the rent. Waitere did not assent. When the 1st years rent was received £20 was brought to Waitere and others who received it and spent it. After a time Waitere took some seed to plant on Rangataua in the boundary of this run. Ngatiraukawa heard this and went to ‘pana’. He left his seed with his ‘tamahine’ Mata Whakariu who had been wife to a Ngatirukawa man and had children and was afterwards a wife to a Ngati Rangatahi of Ngatimaniapoto and when Ngatiraukawa went and burnt the seed, Waitere had come to Parewanui. Ngatiapa heard and called a ‘runanga’. Ngatiraukawa were living at Mingiroa. I was sent to enquire and told them there would be fighting. I returned and Ngatiapa then resolved to put an end to the lease. Young Nepia heard and took his ‘pou’ to Te Pouatatua. Ngatiapa took it up and burnt it. Nepia put a ‘pou’ in again and this was taken up and burnt. Then all Ngatiapa were about to fight with them at Whanganui and Mangawhero. ‘Wharekura’ was built. We invited all the tribes around to come to Prewanui. Tribes came. It was then said the Ngatiraukawa should leave the land. Ngatiraukawa were there. Mingiroa was the cause of ‘Wharekura’ being built. Meeting ended and tribes dispersed. After this when some rent was due for Taikoria, Peeti and Kerei knowing when the rent was due, they came up with Ngati Kauhata to receive part payment of the rent. I was ‘pouri’ with them about their bringing up Ngati Kauhata with them and I seized the rent and did not let them have any. They returned and were very angry with me. Assembled Ngatiraukawa and came up to fight us and to take the rents. We heard they were coming and Ngatiapa assembled and said “we will fight”. We crossed to Awahou, 60 in number. Rangitane and Ngatiraukawa came up to Opopoho to a stockyard which had been built. They did not come to Awahou but went through the bush to the stockyard. Alexander saw them and he got frightened and promised to pay to Ngatiraukawa and Rangitane for Taikoria and Makowhai. I heard that he gave them £30. Ngatiraukawa then wished to send the cattle back to Whanganui. They drove them to Tawhirihoe where they had a ‘pa’ not a strong one. They were to cross there. I and Hamuera took a party and went and took the cattle. I was angry with Ngatiraukawa and Rangitane and the ‘pakeha’. Ngatiraukawa then took the cattle and put them in the Opopoho stockyard. We took the cattle again. Ngatiraukawa found they could not carry their point and determined to fight.
Court adjourned at 1 pm.
Court resumed at 2 pm.
Ratana Nga Hina – continued.
Xd by Mr. Williams.
I did not hear that Rangihaeata drove the Ngatiapa away before the sale of north Rangitikei. He did not go to Te Awahou to tell Ngatiapa to go over the river. He burnt houses of ‘pakehas’. We (Ngatiapa) built those houses and put the ‘pakehas’ there. I did not know that Rangihaeata did anything to the sheep or cattle. The cattle had been put on Manawatu by Robinson. The houses were unoccupied. After the houses were burnt Ngatiapa and Hakeke desired to sell the land. That was the cause of the meeting at Te Awahou. Eventually we did not sell this land but the other side of Rangitikei. There was a dispute between Ngatiraukawa and Ngatiapa about a ‘waerenga’. After that,the meeting at Maramaihoea. It was about Pakapakatea and Ngatiapa retained the ‘waerenga’. It was the 2nd or 3rd year after payment for north Rangitikei. Ngatiapa went with their guns. I don’t know whether Ngatiraukawa did. I know that the lands leased by us were illegal and we had not crown grants for those lands. When the Ngatiraukawa came to build a mill at Makowhai, Ngatiapa came with guns and built a ‘pa’ but we had occupied and cultivated at Makowhai befor that. I heard that they had guns when they took the stones to Makowhai. I did not see guns. Mohi and I were at Te Ahu – o – turanga. Ngatiapa were at Whangaehu. If Ngatiraukawa had persisted about the mill we should have fired on them. We were prepared for fighting. I don’t know that Ngatiraukawa had anything to say about the lease. If they had driven the cattle off we should have taken the cattle.
I said that Pukenui was first leased to Capt Daniell by Nepia.
Mingiroa.
I supposed that that was Nepias’ lease. Waitere went to join and was refused and he took his seed. When the potatoes all Ngatiapa agreed and built ‘wharekura’ to make a public declaration of what was to be done. I did not give any of the first years rent of Taikoria to Ngatiraukawa. I did give some to Rangitane. Te Awahou was built by us for a fighting ‘pa’. We heard there Ngatiraukawa were coming up armed and we went armed also to Te Awahou. I had said at Parwanui that Ngatiraukawa must go to Maungatautari. I did not say we should drive them off. Nothing was said about fighting in ‘wharekura’. At that time some of Ngatiapa were king natives. Some were ‘kuini’. Hunia was a kingite. Ngatiraukawa were also divided between ‘kingi’ and ‘kuini’.
By Court.
The Waitohi lease was given into my possession before a year after the execution of the lease. It then had the names on the other side. I don’t know when they were written. Rangitane had received part of the rents of Taikoria. The first year, the 2nd year when they (Kerei and Te Peeti) came with Ngati Kauhata I would not give them the rent but gave it to Maihe Te Kiha arelative of theirs who was partly Ngatiapa and partly Rangitane (an uncle of Kerei) ‘teina’ of Tamati Parana. A party to Makowhai lease.
Hamuera Te Rai Kokiritia – recalled.
The names of the persons who cultivated with Matene Te Matuku and the representatives Ngatitai and Ngatitauira cultivated at Himatangi with Matene. Some Rangitane also – bide list A.
A
People who cultivated with Matene Matuku. All living, Ngatitai and Ngati Tauira;
Pirika Maki Waipouri Te Makomako Arapata Hirea
Matene Kauki Hope Te Ngehe Paora Paihana
Te Retimana Mahuri Tamihana Te Kahu Hakaraia Te Rangipouri
Parakaia Whitiki Ropata Ruihana Rihari Taituha
Interested in the land with Matene;
Nahona Te Rangipouri Hoani Pouri Pita Te Tohe
Hoani Ngaihi Pera Reihana Pirika Te Kahu
Pateriki Rapana Te Ngawha Maihi Te Kihi
Te Ropiha Te Auahi Kawana Puiha Piripi Te Rangi kapake
Mohi Ruatea Ropata Te Nako Wiremu Te Hanea
Waka Kawariki
Women;
Meri Komi Komi Pirihira Whatumaka Korihi Utiku
Pirihira Reihana
Men
Henare Hamahama Ruka Hamahama Hamuera Te Raikokiritia
Of Rangitane who cultivated and wh are interested;
Pakura cultivated
Kerei Te Panau
Hama Mutu cultivated
Te Teira Te Panau brother of Kerei
Mikaera cultivated
Te Peeti Te Awe Awe
Hanita Te Awe Awe
Hekoniaha Paeroa cultivated
Te Hutana Ko mako mako
Takahu cultivated
Rota Tare
Remember Rakehou lease to Trafford.
In 1858, I sent a letter to Nepia and he came up to Matahiuri. I proposed to him the lease of Whakaari. This was on account of a grudge I had against Hunia and Ratana. When he heard I was agreeable he went to Mr. Trafford and executed a lease. Hunia heard and was angry. He said, should he be driven away as a slave for Ngatiraukawa. Nepia and Tapa drew the rent and brought it to me. I offered it to Ngatiapa. They would not take it but said “you go off”. I gave them some and they wanted me to be taken to court for allowing Ngatiraukawa to lease the land.
The Pouatatua was my lease to Cameron. This was the land I referred to when I told Nepia to lease a piece and I would lease a piece for myself.
(Document purporting to be copy of a lease to “Kamerona” 24th January 1861).
Read to witness.
I did sign an agreement of the nature of the paper read. Lease for 9 years. £60 per annum. I received the rents for 3 years and gave some to Tapa out of love. The land was mine.
Xd by Mr. Williams.
Mikaere is of Rangitane. He may have lived with Ngatiraukawa. I did not see him living with them. He is a chief. The 13 named (in list A) cultivated long before and up to Haowhenua. Matene left off the year of the payment for Rangitikei. The year of the payment for Rangitikei was the last year of his ‘mahi waerenga’. I did not see him but I knew he was living there perhaps he did cultivate. I did not see whether he felled bush every year but I know he had cultivation there before Haowhenua and that he was living there up to the year of payment for Rangitikei. The others named by me are interested as descended from same ancestors as Matene.
By court.
I never saw any food of Matene Te Matuku growing at Himatangi after Haowhenua. I was not in the habit of going there.
Further hearing adjourned till tomorrow.
Court adjourned at 4.30 pm to 8 pm.
Court sat at 8 pm
Present – same judges (3) and assessors(3)
Maringiawai – Hemi Kuti
Continued from pp 297 (from pp 656 in this book)
Ropata Te Ao – Sworn.
Otaki. Ngatiraukawa. Recognise the land shown on the plan before the court. I was present at the survey. I have seen the surveyors’ marks on the ground. This land belonged to Kerei – father Kingi Hori Te Puke who is dead, after it belonged to his son Kerei. It was cultivated by Kingi Hori from the time of coming to Rangiuru. It was cultivated by Kerei with his father – Kingi Hori. He died the year when we came to occupy the town of Otaki – 1846. This land has not been cultivated since.
Hemi Kuti – recalled.
(Produced a document purporting to be a deed of gift of a piece of land at Maringiawai – by Kerei Te Puke dated Otaki February 20th 1856. Witnessed by Wi Peti).
This document refers to land claimed by me. It was a gift but I gave Kerie £5 afterwards. The mother of Tame Kuti’s child was not named. I am taking care of the child.
Wiremu Peti – Sworn.
(Document read).
I saw that document written. I held the pen while my name was written to it. I and Kerei gave it to Hemi.
It was ordered that a certificate of the title of Hemi Kuti to a piece of land at Otaki containing a6 – r0 – p0 and known by the name of Maringiawai No. 1 be made and issued to the governor.
Court to recommend no restriction on alienation.
Fees to be paid by claimant.
Invest £1 Cert £1 Cr. Gt £1 Total £3
Order to be dated this day, April 17th.
Piritaha – Tutere Te Matau
(Continued from pp 53) (for page of this copy see pp188 in former book)
Hema Te Ao appeared and stated, that he objected to a certificate being ordered in favor of the children of Riwai and claims a portion of the land included in Tutere’s survey.
After some discussion Hema requested time to confer with Tutere before deciding whether he would proceed with his case as an objector. Tuter being absent at Waikanae, Hema requested that the case be left open for a few days.
Postponed till Thursday 23rd.
(Continued at pp 714 in this book)
Court adjourned at 10 pm till tomorrow.
