Monday May 19th 1873
Waikanae
Place – the same Present – the same
Opaekete
Ihakara Tukumaru said – I have a small piece in the extreme West of this block.
Adjourned to this afternoon.
The court invited an expression of opinion respecting the hearing of certain cases at a future session to be held at Otaki.
Ransfield said – whenever there is a notice, I will obey it.
Karanama – I would rather the whole cases deferred until the further hearing of the cases in the Paniutanga now before the court.
Wi Parata – acquiesced
Hare Wirikake said – I want to get home and would find it hard to come back in 2 months hence and I would prefer the whole of the unadjudicated cases to be done at once as I have several claims in the list before the court.
Pukehou – 15000 acres
Court said it would now deliver judgment in this case – that one of the assessors had prepared a written summary first but by some means he lost sight of it and could now lay his hands upon it in which three of its members concurred and the other assented.
And before giving its judgment this was a fitting opportunity of expressing its satisfaction with the able manner in which the case for the claimants and counter claimants to have been conducted by James Ransfield and Hoani Taipua respectively.
The decision to which every member of the court has assented is
That a portion of the block bounded towards the west to the sea towards the north by the Waiorongomai Block already granted and the Manawatu Kukutauaki No. 4 Block to Taikai towards the east by a line thence to the southern boundary of the block as delineated and the district plan before the court and towards the south by a line thence to the sea is formed to be with the exception of certain portions which Rikihana, Wiremu Manewha, Wi Piti and Te Hau have proved to have claims. The property of Ngati Kapu and that when these respective portions excepted have been marked out on the formed. The court will order a certificate of title in favour of such for this portion
And
That with respect to the inland portion, the court that an equal division be made longitudinally and that a certificate of title for the northern portion may be made in favour of Ngati Kapu and for the southern portion in favour of Ngati Pare and Ngati Kauwhata.
Ngarara
Claim read – tracing produced
Wi Parata said – I can point out the boundaries – pointed out. I object to the boundary of crown lands as shown on this district plan. It is not in accordance with the boundary laid off some time ago. My line extends to Pukemoremore and Maungakawa and which are here bouth shown to be included in crown lands.
My reason for bringing this land before the court is because a portion of it is in dispute between myself and Tamihana Te Rauparaha. The portion indispute is that a line from Huri o Te Ngarara to the sea to which although excluded from this plan I still prefer a claim. I do not wish to press this now as Tamihana Te Rauparaha is too ill to attend the court and others returned to fetch the rest of the tribe.
There were a number of migrations. The last one was when they took part in the Haowhenua fight. After that the peace they dispersed some went to Arapaea come to Wharekauri and some remained.
Afterwards Ngati Raukawa came down and found Ngatiawa occupying this land and the Kuititanga fight took place. We still remained on the land until now and were never disturbed.
I ask for the certificate of title to this land in favour of Ngatiawa who are in possession not those who are located elsewhere.
Wiremu Tamehana Te Neke – sworn
I live at Waikanae and am of Ngatiawa.
I have heard Wi Parata’s statement and claim to this land for Ngatiawa. I concur and substantiate his statement. I wish to say when Ngatiawa arrived here at Waikanae, they remained permanently in occupation up to the time of the battles alluded to by Wi Parata up to the time of the Treaty of Waitangi up to the time of the arrival of Mr. Spain to arrange tribal boundaries – this was 1842. Mr. Edward Murant was his interpreter. Mr. Spain asked where your northern boundary is. We replied Pukehou. He asked where your southern boundary is. We replied Kaihapuku – at Warerori near Wainui. We sold Wareroa portion to the government in 1847. Mr. Kemp, Major Durie and Te Koroko went to Wellington. Major Durie went to the government. He heard Governor Eyre’s word – to buy Waikanae. Major Durie informed me and proposed to return to Waikanae at 7 next mornings.
We returned to Porirua – arrived Takapuwahia – where we met Mohi Te Hua and Tamaihengia. They said to me, let the boundary be at Hapua – you inform Matapere. Wi Parata’s mother – of this – I did so.
Next morning he came in here to this place to point out boundaries of land we proposed to sell and to keep. Wiremu Kingi Te Rangitaketu put a pole on a hill close - to the other side of this pole we proposed to sell and this side to retain. We then went to the boundary the Waimea Stream. Another pole was put in there to fix the portion for sale. At that time it was agreed upon who should remain and who should return to Taranaki.
It was arranged by W. Kingi that the portions outside should be sold by the parties returning and the other to be for the parties who remained on this land. Matene Te Whiwhi, Tamihana Rauparaha and Karanama Kapakai and Hakaraia heard of this proposed sale and came to Waikanae.
In the evening we went into a house, Ngati Kura – a hapu of Ngati Awa were the only persons present – that went into the house. Matene asked Matapere which boundary you approve of. Matapere replied – Te Hapua. Matene said Rangihaeata’s boundary is from Whangaehu to Rimurepu. The question was put a second time and the same reply was given. Tuainane – a chief of Ngatiawa – his mind was dark in consequence of this. Tuainane then said to Matene, “If you agree to Paitawa, let it be there or to Rangiora, let it be there or to Kaiwaru or to Waimea, let it be there”.
Tuainane’s mind was dark. Te Matangi said, “let it be at Te Maire”.
The old men of Ngati Awa and Wiremu Kingi consented to this. It was afterwards consented to by large meeting of Ngati Awa held next day.
Objectors challenged
Henare Herekau asked – is the south boundary at Toheahumuri or Waerengapoka?
Wi Parata replied – it is at Toheahumuri. Waerengapoka is within the crown land.
Karanama Kapukai said – as a Ngati Raukawa chief, I heard of the arrangement for sale and is correct. I am satisfied with the boundary as shown on the tracing.
Te Poihipi said – the application of Wi Parata is correct. I am a Ngatiawa.
Hoani Ngapaki said – I wish to confirm the statement of Wi Parata.
Case adjourned until the crown agent can obtain such information as will enable him to fix the boundary of former purchase by the crown.
Court adjourned for an hour
At 2 pm the court resumed.
Present – John Rogan Esquire – Judge Assessors – Hemi Tautari and Hare Wirikake
Pukehou
James Ransfield asked for three certificates for the inland portion awarded to Ngatikapu – viz
Pukehou No. 1
List put in and read – no objectors
Pukehou No. 2
List put in and read – no objectors
Pukehou No. 3
List put in and read – no objectors
Court decided to order 3 certificates as applied for and in the names of the parties read without restrictions – viz
Pukehou No. 1
Ordered that a certificate of the title of
Eru Tahitangata, Tereturu, Akapita Tahitangata, Haikema, Te Raika, Te Hiwi, Aterea, Te Teira, Kipa Pataua, Te Wiata
Be made and issued for Pukehou No. 1 when the said parties shall furnish a proper survey thereof without restriction – estate to best from today.
Fees charged - £3.0.0
Pukehou No. 2
Ordered that a certificate of the title of
Tiemi Ranapiri h.c, Enoka Te Wano, Karanama Whakaheke, Riria Ranapiri, Tamati Ranapiri h.c, Arihia Wehipeihana, Mohi Heremia, Tamihana Hotene, Taniera Rehua, Raureti Te Putu
Be made and issued when the said parties should furnish a proper survey thereof without restrictions – estate to best from today
Fees charged £3.0.0
Pukehou No. 3
Ordered that a certificate of the title of
Atarea Te Waha, Te Raiti Tonihi, Akapita Te Tewe, Hoani Te Matepu, Heremaia Ngato, Ngarati Te Tewe, Hohepina Parakipane, Naihi Pekeia, Tame Tima h.c, Pene Te Hapupu
Be made and issued when the said parties shall furnish a proper survey thereof without restrictions – estate to best from today.
Fees charged £3.0.0
Opaekete
Ihakara Tukumaru – produced a tracing for a small portion of this block for which he asked for a certificated in his own name.
Atereta Taratoa said she had no objection to his Ihakara name being registered on the large piece of Opaekete and so make one certificate instead of two.
Ihakara consented – list of names read.
Certificate ordered in the name of Atereti Taratoa and that the other names be registered under Section 17 Act 1867 – viz
Atereti Taratoa, Wereta Tawhata, Nepia Taratoa, Mohi Tarapuhi, Winiata Taratoa, Hamara Te Pakaru, Winiata Taiaho, Peina Tahipara, Rangitawhia, Ruta Wereta, Katene Rongorongo, Aperahama Te Huruhuru, Hare Reweti Rongorongo, Porokoru Te Kauru, Pini Te Konga, Paranapa Te Kanohi, Paraniena Te Tewe, Kakawaero Te Napu, Moihi Te Kotu, Aterea Tauehe, Te Hiwi, Hoani Tawhiri, Makareta Pineaha, Patoropa Te Nge, Kararaina Whawha, Heni Pomare, Ihakara Tukumaru, Arona Te Hana
Fees charged
Hearing £1 Certificate £1 Total £2.0.0
Pukehou
The position awarded Ngati Pare and Ngati Kauwhata.
Hoani Taipua said – we shall not be prepared with lists of names for the inland portion until the boundaries are laid out for Rikihana and others in the seaward portion of this block.
Takapu (470 acres)
Kararaina Whawha – produced tracing of this block.
Kararaina – sworn
I live at Porokaiaia.
The land adjoining called Oturoa has been ordered in my favour. I have not yet received the grant for it. I claim this land Takapu. I claim with Roera and the others named in the application. Whatanui’s claim commenced at Oturoa and went to Waitarare at Porotawhao. On the bush boundary it commenced at Opaekete and went to Ohinekakeao to Takapu – this land – Pekapeka and Kohitane lands which were in dispute between Ihakara and Whatanui.
Ihakara wished to take all this land. When we were at Muhunoa, a messenger came from Whatanui to tell us to go on to this land. In consequence of Ihakara having gone there to take some of the totara trees to make canoes of - this land takes its name from that circumstance.
I went with Roera and others. On our arrival there, Ihakara went away to Manawatu. I remained on the adjoining land up till the present time and the trees then marked are still to the forest.
When I surveyed the adjoining land the boundaries of this piece were laid off but Ngati Huia came and interfered with us. A portion of the boundaries of this land were arranged between us and Ihakara. At the investigation of Oturoa, the boundary from Nukuwaiata to Pokuturoa was disputed by Hutana. Hutana is present now. I do not know when this boundary was laid off. It was during Te Whatanui’s life time.
I object to Hutana, he has joined Ngatihuia. I wish to call Natana Ihakara.
Objectors challenged
Hape Te Rangitewhata said – I object. I cut this out from the Ngati Huia Block as it was in dispute between us and Kararaina.
Hapi Te Rangitewhata – sworn
I claim all this land as claimed by Kararaina.
I will commence at the time of Whatanui Tutaki when this boundary between Whatanui and Ngatihuia was in dispute when a runanga was called at which Hukiki Nepia and Kuruhou were present. Whatanui sent a messenger for us to Porotawhao and we went on to this land. The boundary we went to talk about was from Wawa in a straight line inland. Whatanui wished the boundary moved to a point southward of the Oturoa boundary. Ngati Huia would not consent. We had a great dispute. Whatanui Hukiki was on one side and on Ngati Huia side Epiha and Te Hoia and I. I went forward as the mouth piece of Epiha and Te Hoia and said let the pole be fixed here – then consented and the line went direct thence to Kereru. Hukiki consented. This boundary was adopted as Kararaina’s south line when her case was heard at the court at Foxton. I disputed this line with Ihakara. I have since arranged with Ihakara respecting this claim that Kararaina makes is quite a recent one. The line was not disputed at that hearing of Oturoa. She did not attempt to have this piece included in Oturoa. It was cut out at Foxton because of Kararaina’s objection.
I wish to call Hohaia.
Hohaia Te Tahau – sworn
I live at Porotawhao. I know this land.
I have heard Hape’s statement. It is all correct.
I remember the time Whatanui sent for us about this boundary. I went with the party and was on the ground. I saw the disputing between Whatanui Tutaki and others and Te Hoia and Nepia on the Ngati Huia side. Nepia came forward and laid down the boundary. It started from Te Pou and went to Waimakaira thence to Te Uku thence straight to the mountain. It was the word of Nepia that this should be the line of boundary. We did not know at that time of it was cut off. It ended at Kereru quite lately. We have discovered a line of Kararaina’s. We did not see it before the sitting of the court at Foxton. Ngati Huia claim all this land.
Kiriona – sworn
I am of Ngati Huia and live at Porotawhao.
I remember Hukiki and Whatanui Tutaki and Epiha did the marking out of this boundary by them at the runanga. I have been on this land. It is swamp.
I have been to Kereru. At Te Uku, Ngati Huia have an eel pa. I go to catch them there and at Te Pukuohinamaru. I have caught tuna there two years.
I was present at the meeting called by Whatanui. Nothing was then said about Takapu. Aportion of the boundary at Oturoa was carried by Kararaina through a swamp called Wawa. I objected and had it moved. No objection was made by Kararaina until quite lately to the boundary between Takapu and Oturoa.
Court adjourned until 10 am tomorrow.
