More Info →12 July 1867

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077-086

Friday July 12^th

Court resumed at 10 am.

Present – same Judge and Assessors

Mangapouri – Hipirini continued

Hipirini – appeared and produced Mr. Hughes map of Mangapouri.

Parakaia Pouepa – opposing claimant – sworn

Assessor – Ngatiraukawa – live at Otaki – know the land in the map

The point marked B is the site of Uruhia’s house. The house was built by Haikama. My ‘tuahine’ was Nga Pawa’s wife. There were persons along the bank of the river but when the town was laid out ‘kua kore era’.

I was not here at the laying out of the township. The matter was talked over about the township at Rangiuru. All agreed to it. There was no dissentient, Nga Pawa was a young man at that time and may not have been there. Maka Kirikawa his uncle and the chief of that ‘hapu’ was there and he agreed.

The land claimed by Hipirini was set apart as a reserve for a court house. The land claimed by Hipirini was never his, a part of it belonged to Keremete formerly (before the town was laid out) near the river and another portion opposite Tamihana’s place belonged to Whatakura. I do not know whether he was alive at the time of the talk of the township.

Hanita his teina represented that party and he consented to the arrangement. He is dead. The sketch of the township E is correct as the township was laid out.

The allotment No. 185 was given to Uruhia and Nga Pawa. No. 177, 178 and 179 were allotted to Hou Whare and his party and he fenced the outer boundaries of those allotments and the division between 179 and 180 and between 187 and 188. His fence still stands but has been repaired by the pakeha. Hou Whare at Maungatautari and Te Rei Paehua his father let and received rent for the whole 6 sections 185 to 187 and 177 to 179.

Allotment No. 186 was apportioned to Re Rei Paehua and 187 to Te Motoi’s party. This was another party from Uruhia’s. Te Motoi did not occupy. He was one of Hou Whare’s party and Hou told him to occupy the allotment which had been included in his fence.

Nga Pawa left 2 children Te Teira and Mere Poia had no allotment assigned for her. She was gone with her ‘tane’ Hipirini. Hipirini had no allotment assigned to him.

Xed by Hipirini

Maka’s own land was on the opposite sideof Maungapouri but he was Nga Pawa’s ‘matua’ and his assent affected Nga Pawa’s land. Nga Pawa showed his assent by coming to occupy allotment No. 158. Haikene who was a kaimahi of Nga Pawa and Uruhia fenced in the ¼ acre in accordance with the boundaries as shown on the plan. The allotment 185 was given to Nga Pawa and he occupied it in Uruhia’s name.

Rawiri Whanui – sworn

Of Ngatiraukawa – Live at Otaki

I was here at the arrangement of the township. It was a word of the Bishop’s to the Ngatiraukawa at Rangiuru, a site was sought. At last this was fenced on. The bishop approved of this and it was settled. Hakaraia and I were the teachers. I heard the assent of all the rangatira to have the town here.

It was that the Ngatiraukawa might live together as a church of England. There was no one who could have opposed the wish of the chiefs about the town. It was because of the ‘whakapono’ that it was agreed to. It was not supposed that the town was to be used for any other purpose but to give homesteads to all (the people of the R. C church not excluded). The town was for all whether church of England, roman catholic or heathen, none were excluded. Any one might have an allotment who applied for it. Any one of Ngatiraukawa.

I recognise the land shown in the map. Part of it belonged to Keremeta father Rangi Kahiwi and part to Watikura and Hanita. This land was set apart as a site for a hospital and cout house for the whole tribe.

Rangi Kahu was alive at the time and present at the meetings about the town. I never heard that he objected. The chiefs who gave the assent were Kiwi Hori Te Puke, Nikora Te Ao, Kharoa Te Matenga Te Motoi, Hanita te Whare Makatea, Mohi Te Whare Whiti, Hone Te Tihi, Kingi Ahoaho, Maka Kiri Kaura (Matena o Nga Pawa ma).

If anyone wished to have an allotment he would go and look at the map and if there was a vacant allotment he would be allowed to take it. Nothing was said at the time about allowing or prohibiting lease or sale but it was understood that the person who had an allotment set apart for him was to occupy it. If a person occupied his allotment for a time and then left it his claim to it would lapse and it might be given to another. It was understood that the allotment was to be occupied.

I was here at the time of survey but did not see the survey of the allotment occupied by Hori Whare and Nga Pawa. I do not know anything about the quarter acres allotted to them. I saw Nga Pawa’s party living together near the river before the survey of the township but I don’t know whether allotments were given to them afterwards. Most of the party went away before the town was surveyed. Nga Pawa and Uruhia still occupied when the town was surveyed.

Matene Te Whiwhi – sworn

I was present at the laying out of the township. I know the land claimed by Hipirini. It was set apart as a reserve and market and court house – a public place. I do not know to whom the land belonged before. I saw Nga Pawa living there at (A).

The site for the township was agreed on by all Ngatiraukawa. It was agreed on at Rangiuru and after it was settled the township was laid out.

Nga Pawa did not object at the time. I don’t know whether he assented but everybody heard. I do not know whether the house of Nga Pawa was standing at the time of the survey. I do not know whether Nga Pawa had one of the quarter acre allotments. I consider that the land is still public property and set apart as a market place and site for court house.

There was a dispute with the Pukekaraka people about some of the allotments at the south end of the township which was settled by the limit of the township being fixed as now shown on the sketch. There was no objection raised with respect to any other portion of the township. I do not know whether Rangi Kahiwi was there or not or whether Keremeta was here or not at the time of the township.

Hipirine Tai Wareki – claimant and defendant – sworn

I know nothing about the agreement to set apart this land as a market and site for a court house. I have no other evidence to bring besides that which has been already heard by the court.

The court adjourned at 1 pm for 1 hour.

The court resumed at 2 pm.

Decision of the court in the case of claim of Hipirini to Mangapouri.

The court refuses to grant a certificate in respect of that portion of Hipirini’s claim which comprises the land set apart for public purposes. Reasons given.

The court ordered that a certificate of title of

Hipirini Tai Waraki, Keremeta Rangi Kahiwi

To the allotment No. 185 in the township of Otaki containing a quarter of an acre be made and issued to the governor.

The judge to recommend the following condition and restriction; The land to be held in trust by the grantees for the benefit of

Matarena Nga Reti – child of Poia, Te Teira Nga Pawa, Meri Nga Pawa

And to be inalienable by sale or mortgage or by lease for a longer period than 21 years. Other counter claimants called and these claims appeared to be unaffected by the decision of the court. None of them claiming allotment No. 185.

Fees demanded

Invest £1 Explan £1 Cert £1 Total £3.0.0 – Fees paid £3 – Thos H Smith July 12^th 1867

Kiharo Town Sections – Kiharoa Mahauariki – a1 – r0 – p30, a2 – r3 – p7

continued from pp47 this book

Kiharoa appeared having expressed sorrow for previous contempt of court – produced map by J. Hughes – Stated

I claim the land shown on the map before the court 2 – 3 – 7 the other piece 1 – 0 – 30 is not mine.

I employed Mr. Hughes to survey the land and pointed out the boundaries – all the marks are in the ground as shown on the plan. I claim that land because it was occupied by Me Moroati and a number of other persons.

I claim a grant of the land in my own name and the names of two of Hakaraia’s children. Hakaraia, Urunia Te Tuatete. I am only ‘kai tiaki’. The ground of my claim is that the land was occupied by a European who bought it of the owners. Hakaraia found that the occupation by the pakeha blocked up his road and he gave the pakeha another piece in exchange which the pakeha accepted and I consider that this is not the property of Hakaraia’s children. The road which was blocked up is the road by the side of the river. The road will be shut if a grant is now obtained. Hakaraia opened the road by making the exchange with the European. I cannot tell the year when the European bought the land. It was after the coming of the governor. I repeat what I have heard about it. I know when Hakaraia made the exchange. It was after the township was occupied.

Te Moroati Kiharoa – sworn

Kiharoa is my nephew. Son of my ‘tuakana’.

I know the land, that is to say, I know that there is a piece of land on the Otaki river which belongs to Hakaraia’s children in the way spoken of by Kiharoa but I have not seen the pegs put in by the surveyor.

The land was first bought by a pakeha who died and it was then occupied by his widow. Hakaraia to prevent the stopping of the road by the ferries offered a piece of land at Whakarangirangi which was accepted and he became possessed of this. I consider that the land belongs to Hakaraia’s children now.

Hakaraia Te Piringara – sworn

I accompanied Mr. Hughes and Kiharoa to survey a piece of land on the Otaki river. The boundary of the inland side went.

This witness described the survey.

Kiharoa recalled – stated

There was 4 who went to the survey. I and Hakaraia, Hughes and Mr. Dodds.

Pineaha Mahuariki is my ‘teina’ his name is in my letter on account of another piece of land not this.

Mere Hakaraia is a daughter of Hakaraia. Her name ought to be in the grant as well as the names of the other two who are children of Hone Hakaraia.

I am the son of Hakaraia’s (senior) ‘tuakana’ and uncle to the children of Hone. These children are all minors.

The court ordered a certificate of title to the piece of land on Otaki river containing a2 – r3 – p7 in favour of

Kiharoa Mahauariki

Conditions and restrictions to be imposed.

The court comprised in the grant be held in trust for the benefit of

Mere Hakaraia Tuatete – child of Hakaraia

Hakaraia Tuatete and Winia Te Tuatete – children of Hone Hakaraia

And to be made inalienable as in v clause of Act of 1866

Fees demanded

Invest £1 Explan £1 Cert £1 Total £3.0.0

Court adjourned at 4.30 pm till tomorrow.

Identification