More Info →Otaki Maori Land Court Minutebook - 15 September 1881.

Description

Thursday 15^th September 1881

Place – the same

Present – Edward Walter Puckey Esquire Judge Hoani Meihana – Assessor

32 Waerenga No. 7 – 413 See fol 12

Judgment delivered

This is a claim brought by Tiemi and Riria Ranapiri to a piece of land called Te Waerenga on the ground that it was first occupied by Hori Ngawari – the relatives of Riria.

This claim is opposed by Nepia Taratoa the younger and Erenora his sister who stated that it was seized by Nepia Taratoa their father when the land at Otaki was cut up by Ngati Raukawa.

It was also opposed by Hunia Te Hana the daughter of Horomona Te Toremi who stated that a portion of the land had been given to her father by the late Nepia Taratoa.

After carefully considering the evidence it appears to the court

I. That the land was originally taken and occupied by Nepia Taratoa.

II. That Horomona was placed on the land by Taratoa.

III. That part of the land was given to Roka by the wife of Taratoa the elder to cultivate.

That the part was cleared by her people of the timber and was occupied by them for many years and that so then occupation was never disputed by the donors. It must be assumed that it was considered by the descendants of Taratoa as a gift.

There can be no doubt that Te Rei Paehua considered that Taratoa’s right still existed or he would not have asked Ngahuka for the horse which he afterwards took to Rangitikei and offered to Nepia Taratoa.

It is also apparent to the court that Nepia Taratoa considered that Ngahuka had a claim to part of the land otherwise the interview at Dr Buller’s office in Wellington would not have taken place but it is not clear to the court whether this took place prior or subsequent to Ngahuka giving back Riria’s portion mentioned by Perenara Te Tewe in his evidence.

The court therefore finds that Riria Ranapiri is entitled to one third and that Nepia Taratoa and Hunia Hana are entitled to two thirds.

Morgan Carkeek applied for cost of survey amounting to £4.4.0 – admitted.

Ordered that the names of

Nepia Taratoa, Winia Pataka and Hunia Te Hana

Be entered in the register as the owners according to Native custom of that part of the block called Waerenga No. 7A

And

That the name of Riria Ranapiri

Be entered in the register as the owner according to Native custom of that part of the block called Waerenga No. 7B

And

That the cost of survey be paid by the owners of the respective block proportionately to area.

Fees charged

Waerenga No. 7 A – Certificate £1.0.0 Waerenga No. 7 B – Certificate £1.0.0

Fees collected

Claimant 3 days Hearing £3.0.0

Two counter claimants £6.0.0 Total £9.0.0

26 Whakahokiatapango No. 4 - 40

Judgment delivered

This is a claim brought by Karanama Te Whakaheke on behalf of himself and others to the land above named and is based on the alleged fact that his father took and occupied the land first.

It is opposed by Mohi Heremia Te Tihi who claims a narrow strip along the northern boundary on the ground that his grandfather and father cultivated and lived there. It is given in evidence and that evidence is not disproved that Hone Te Tihi seized this land first of all and that Karanama’s father had part of it given to him and it is further alleged that Karanama after the Tihi family left encroached upon what was formerly held and cultivated by them and that he was not interfered with owing to their being near relatives.

Mohi Heremia was able to lay before the court conclusive evidence as to the land having been taken by his grandfather. The witness herself having been present but as he only claimed a small portion about a chain wide and an indefinite length the court cannot award him more that he claims and finds that

Karanama Te Whakaheke and Tuhi Te Whkaheke

Are the owners of the part called whakahokiatapango No. 4A

And

That Mohi Heremia Te Tihi and Makarita Te Tihi

Are the owners of the part called Whakahokiatapango No. 4B

M. Carkeek made application for cost of survey £4.4.0 – admitted

Ordered that the names before written be entered in the register as owners according to Native custom of the respective parts before mentioned

Fees charged – 2 Certificates £2.0.0

Fees collected – Hearing 2 days claimant £4.0.0

Ordered also that the survey cost be pain in proportion to the area

22 Totaranui No. 4 – 5040 – continued from fol 358 of Vol 4

Xed by R. Ranapiri

Manahi Paora – sworn

These are the boundaries of the land given to Paora. We all worked here - all Paora’s relatives. The Ngati Raukawa committee laid down the N. W. boundary.

Rapana and he had disputed this line. We got the land before the court outside the N. w. boundary line went to Rapana. Mihi Peka and Paora laid down the S. E. boundary. This is an old boundary.

Retimana never came to my father to say that these boundaries had been arranged in committee. He never disputed them afterward. He made no objection to the S. E. boundary. Neither did Miratana nor Whatiti. Miratana is my father’s younger brother.

In 1873, I went to Waikawa and leased this land to Peene Arama. He lived on it. No one disputed my right to lease or Peene’s occupation. Hoani Taiua afterwards asked for the use of it as a sheep run. After that I surveyed it. No one disputed my survey.

I have now for the first time been opposed.

Xed by Hema Te Ao

I claim the land within the boundaries laid down by the committee of Ngati Raukawa.

The gift by Retimana was a bona fide one and not for the purpose of cultivation only. There was no inst--- of convayance or other document. They had no knowledge of these things. It was given to my father when the bush was standing on it.

Paora cleared the N. e. part and sold the timber of the other side to the europeans. Retimana never cultivated here but outside to the N. W. I can’t say how many pieces Retimana had. Paora died on this piece. He did not died in Otaki. Peene has a document when he made a lease.

My mother died in Otaki. My father on this land. I sent no notice to Retimana or his son when surveyed this piece. I was not present when this piece was given to my father.

It 1863, it was given to my father by Retimana.

Xed by R. Ranapiri

Karepa Te Kapukai – sworn

I live at Otaki. I am of Ngati Huia of Ngati Raukawa.

I know this land Totaranui.

I remember the committee laying down the N. W boundary. I was on it. This was to decide the boundary between Paora and Ngati Huri. Manahi and Rapana had quarrelled therefore the committee were called. Rapana was a relative of Retimana. After our laying down this line, no one has ever disputed it. Paora was commencing to cultivate when the committee fixed the line. He was clearing the bush.

Xed by Hema Te Ao

My statement re the boundary line claimed by Retimana being within this block is correct.

I know I am right.

I don’t know anything about Paora’s statement.

In 1863, the committee fixed this line. I don’t remember the time when Paora went there. He had commenced to clear when I first saw him.

Re-exed by R. Ranapiri

Ihikiera Wharewhiti – sworn

I live at Otaki. I am of Ngati Moewaka of Ngati Raukawa.

I know the land described in the plan. It now belongs to Paora. I have seen him working there and so I say it is his.

I remember the Ngati Raukawa committee fixing the N. W boundary line. It was Retimana gave Paora leave to live on this land. I am unable to say whether the gift was of the freehold or for cultivation. Paora worked on the bush part.

After the fixing of the line by Ngati Raukawa committee, no one disputed with Paora. I have seen Paora’s whare and fence on the land. Paora died on a section in Otaki. I believe so because I saw the “Uhunga” there. He was working on this land when he was taken ill. Retimana’s children never returned to this land after Paora’s death. They did not come to object until the court sat.

Xed by Hema Te Ao

Te Retimana gave this piece to Paora. The South W. part is cleared land. Mine and not Paora’s is the correct statement about the bush and this cleared part.

I don’t know the year the gift was made. I saw Paora there in 1863.

Kepa Te Keikei - sworn

I live at Otaki. I am of Ngati Maiotaki of Ngati Raukawa.

I know this land Totaranui. I don’t well understand a plan. I know the land. I was taken to point out the boundary between Rapana and Paora. The part near Paora’s residence was then cleared , the other was bush. I don’t know Paora’s “take”. I believe he went on to this land under Haerewharara’s mana. They were relatives. Paora died on Totaranui. His body was brought into Otaki. I don’t know who took up the land after Paors’s death.

Xed by Hema Te Ao

I don’t know who gave the land to Paora. Haerewharara worked on this land. I saw him there.

Re-exed by R. Ranapiri

I don’t think Paora lived there for more than 2 years but his cultivations were there.

M. Carkeek applied for costs of survey £4.4.0.

Court decided that the land should be cut in two pieces that one half should be the property of Manahi Paora and those with him and the other half the property of Retimana and his co claimants. Each party to furnish the names for the respective certificates. Lists of names handed in.

Ordered that a certificate of title for Totaranui No. 4A be issued in favour of Manahi Paora.

Fees charged

Hearing £1.0.0 C. C £1.0.0 Certificate £1.0.0 Total £3.0.0

Totaranui No. 4B

Ordered that a certificate of title be issued in favour of Hira Te Rapa, Areta Te Rapa, Hamuera Te Whatuiti and Hariata Hamuera

Fees charged

Hearing £1.0.0 C. C £1.0.0 Certificate £1.0.0 Total £3.0.0

Wiremu M. Hikairo resumed his seat as Assessor and Hoani Meihana retired.

1 Topaatekaahu 432

Judgment delivered

The court finds that Tamati Ranapiri is the owner of the southern portion of the block and that Netahi by virtue of an exchange with Riria Ranapiri of his interest in Mangapouri otherwise known as Te Harakeke for her interest in this block is the owner of the remainder.

The court will make orders when the names are furnished for the respective certificate.

Ahitangutu No. 7 – continued from fol 346 Vol 4

Judgment

The court finds that eru Tahitangata is the owner.

Ordered that the names of

Tauiera ranapiri (m) 14 years, Ihaka Ranapiri (m) 12 years, Te Hiwi Ranapiri (m) 5 years, Rangiwhakairi Ranapiri (f) 1 year

Be entered in the register as the owners of the said block and that eru Tahitangata and Rapata Ranapiri h.c be trustees and further that the estate be made inalienable.

Fees charged

Hearing £1.0.0 Certificate £1.0.0 Total £2.0.0 Swearing witnesses £0.12.0

40 Kaingaraki No. 6 403

Claim read

Ngawiki Tauteka – sworn

I live at Otaki. I am of Ngati Parewahawaha of Ngati Raukawa.

I know the land before the court. It belongs to Te Whatanui. He seized it. He never gave it to anybody.

The children of Whatanui are myself, Heni Kipa, Nepia Pomare, James Wallis, Ria Piripi, Te Hitau.

I wish a certificate to be issued in these names.

No objectors.

M. Carkeek applied for costs of survey £4.4.0.

Ordered that the names of

Ngawiki Tauteka, Heni Kipa, Nepia Pomare, James wallis, Ria Piripi and Te Hitau

Be entered in the register as the owners of the Kaingaraki No. 6 Block.

Fees charged

Hearing £1.0.0 Certificate £1.0.0 Total £2.0.0

24 Te Rekereke

Claim read

M. Carkeek said – I have authority for the survey of this block. The plan is prepared but has not been approved. I ask the court to accept it as a provisional survey.

Maaka Pukehi – sworn

I live at Otaki. I am of Ngati Turanga of Ngati Raukawa.

I know the land described by this map. I have a claim to it from my fathers – Pukehi Parakaia Te Pouepa. They seized it at the time of the cutting up of these lands by Ngati Raukawa. They lived, worked and died on it. No one ever disturbed them or me. I am living there now.

No objectors.

M. Carkeek applied for costs of survey £4.4.0 – admitted

Maaka Pukehi said – I will supply the names for the certificate in the morning.

72 Waerenga No. 7

Claim read – sketch tracing

Hapeta rangikatukua – sworn

I lived at Otaki. I am of Ngati Kikopiri hapu of Ngati Raukawa.

I know the land now before the court. It belongs to my father. He seized it at the cutting up of this land by Ngati Raukawa. It belongs to my father only. He lived and worked on it and my mother died on it. My father was never disturbed in his occupation.

I wish the order of court in my name.

No objectors.

M. Carkeek claimed £4.4.0 for costs of survey – admitted

Ordered that the name of Hapeta Rangikatukua be entered in the register as owner of the above named block when a proper certified plan has been furnished.

Fees charged

Hearing £1.0.0 Certificate £1.0.0 Total £2.0.0

Court adjourned until 10 am tomorrow.

Identification