Friday March 6th 1874
Place – the same Present – the same
Rangihiwinui
Claim read
Nerehana Te Paea – sworn
This is my land. I am the alone owner. This land was withheld or secured by Te Paea when the Ngati Raukawa came and took possession of the country up to the present time. I claim this land. Te Paea was my father. He occupied it. He caught eels there.
I am acquainted with the boundaries of this land. They are as described on the plan but owing to the irregularity of the ground I have left out a portion so as to take a straight boundary as shown on the plan. My claim is not disputed although Karanama sets up a claim to a portion of it. I have told her that I am the loser by excluding a portion for the reasons already stated. I have not heard whether she consents or disagrees.
Kararaina Whawha
I have heard Nerehana’s statement. I do not admit his statement.
Other objectors challenged
Watene Tuiaewae said – I object to Nerehana.
Kararaina said – I do not admit Nerehana’s claim to this land or to any part of it. His claim is in Mr. Cooks land.
This land was Te Whatanui’s. Roera Hukiki and I surveyed the adjoining block Te Ngarue. It commenced at the fence on Mr. Cook’s land to Rangihiwinui. He now sets up a claim to this land because he considered it was given to him in exchange by Te Whatanui for another portion.
Te Paea has not used this land neither had he any eel pa’s there. The eel pa’s he speaks of are included in the land given to Mr. Cook.
I have cultivations there and houses adjacent thereto and I live there at the present time. When surveyed this land I did not see Nerehana ---- I saw were Hoani Taipua and Roera. I have occupied this land through the time of the three Whatanui’s up to the present time.
Watene Tuiaewae – sworn
I claim this land with Kararaina and dispute Nerehana’s claim to any portion of this land. I claim from Te Whatanui.
Kararaina said – Watene’s statement is correct.
Watene Tuiaewae
The claim set up by Kararaina is correct. Nerehana’s portion is within Mr. Cook’s boundary and is known as “Te Ngarue”. That is the only portion to which Nerehana has a claim.
I have lived on this land with Kararaina.
Nerehana said – I wish to call Te Puke in support of my claim.
Karaipe Te Puke – sworn
I know the land now under investigation. It is Te Paea’s.
A portion of it belonged to Whatanui. The portion towards Oturoa was Whatanui’s that near Totara was Te Paea’s and Hukiki’s. I do not know the land as described on the map nor have I been there lately since it was surveyed.
Kararaina’s claim is through another block of mine which was bought (exchanged) by her and her husband for £30.0.0. She afterwards was wishing to exchange that land with me for the block in question. This matter was arranged between me and her husband (who is a European) but Nerehana objected to it.
After the court at Foxton, I heard these parties contending about this land. I remonstrated with them and said it was not right. I say Kararaina has no right to that land.
Nerehana Te Paea
The laying off the boundary of this land was pointed out to me by Hukiki. After the boundary between me and Roera was pointed out by Hukiki he then pointed out another boundary (shown on map). This merged with Kararaina’s land. It was not straight Hukiki then said. This is the portion I gave Meretene (Mrs. Cook) pointed out.
I say that the particular piece now under investigation is mine.
Matene Te Whiwhi
The persons who have a claim to that land are Puke and Te Paea. Kararaina has a claim also. They want an unrestricted grant.
Ordered that Memo of ownership be issued in favour of
Nerehana Te Paea, Kararaina Whawha and Watene Tiwaewae
Muhunoa
Hema Te Ao applied for a further adjournment as all the persons interested are not here. Some are at Rangitikei, some at Manawatu. I am interested.
Roera Hukiki said all on my side are here – pointed out boundaries on plan.
Case adjourned
Kukutauaki No. 1
Matene Te Whiwhi made application for an adjournment of this claim until Monday to allow Rakapa to be present.
Wi Parata said that Rakapa has had plenty of notice of the sitting and he could not see the value of this application for adjournment.
Claim read.
Tamihana Te Rauparaha said
I claim the land commencing at Kukutauaki thence to a ---- Kauhakahia thence to Ngarara thence --- boundary arranged between us and Ngati--- thence to Ngapara near Paetawa thence a Matai tree thence through Te Maka---.
These are the boundaries of the piece in dispute between us and Wi Parata commencing at Kukutauaki to the Nga---- by Te Ngarara to the boundary between Ngati Awa and Ngati Toa thence in a straight line to the sea.
Tamihana – sworn
I know this land. Tamihana Te Raupara is my name. I belong to Ngatitoa. This land belonged to my father Te Rauparaha. Myself and Matene are the only owners. Matene’s claim is through Rangihaeata and we are one.
Objectors challenged
Wiremu Parata said – I claim this land.
Wi Tamehana said - I claim this land.
Te Hira Aratangata said – I claim this land.
Eruini Te Marau said – I claim this land.
Wi Parata said all these objectors are one except Penehira. He is a Ngati Huia.
Wiremu Parata – sworn
That is my name. I belong to Ngati Toa and Ngati Awa. I was born at Kapiti.
I know the piece of land described by Tamihana.
These are the boundaries commencing at Pouatemoana and Taurangamohiohio thence the Ngarara Hill thence to the side of the swamp thence to where the Ngarara Stream breaks out by that stream and it joins the lake – crosses the lake to Te Harakeke thence to the mouth of Kukutauaki thence by the sea to the commencing point.
I claim this land together with those whose names are already given as objectors. They have seen me occupy the land.
I will now state what I have heard relative to this land. Afterwards I will say what I have seen.
When it was taken by Ngati Toa as a tribe – not by Rauparaha – the history of which has been related at previous courts in this district – this land was then divided according to the eel pa’s on it. Pouatemoana was given to Te Rauparaha. This pa was outside of the land now under investigation.
Taurangamohiohio was allotted to Nohorua. This is outside of the stream of Ngarara and within the Ngarara block awarded to me at the last session of the court. Below that again is Te Putai that is mine. What I have stated is at the time the Ngati Toa arrived in this country.
Afterwards the Ngati Awa tribe arrived here and they occupied and lived on this particular boundary. I have named and extending on to the Waikanae River. Tribe called Ngati Rahiri cultivated that portion called Kukutauaki – cultivated food there. Ngati Toa saw this and left a portion to Nohorua who is a Ngati Awa and also a Ngati Toa.
This land was left by Ngati Toa to their relatives of Ngati Awa of whom Nohorua was one and also the kainga and eel pa’s on the Kukutauaki Stream. Ngati Toa went to live at Kapiti. They lived there some time and then dispersed and then a quarrel took place between Ngati Raukawa and Ngati Toa known as Kuititanga.
After that Ngati Awa and Ngati Toa occupied the shore again.
At this time, I had arrived in my manhood. My parents went to catch the eels named by me and nobody interfered. I then cultivated at Te Ngarara for our use while we caught eels in the Ngarara Stream. At this time, the only person who objected to my being there was Eruini Te Tupe. I did not see Tamihana.
Tamihana raised no objection while I cultivated there. Tamihana Rauparaha made some arrangements about a piece of land at Ngawhakangutu. The boundary of this land let did not cross Ngarara. Ngawhakangutu is outside of the boundary of this land. It did not cross over Ngarara.
At this time, some of Ngati Raukawa went to catch eels at Kauwhakahia Lake. I interfered and told them not to do so. I wrote a letter and put it up on a stick near the sea. Tamihana then purchased the sheep and cattle from the pakeha and the letting ceased. He made a bridge over a stream called Kahikatea so as to cross the cattle and sheep to Te Ngarara.
When I heard of Tamihana’s intention of crossing the cattle, I understood it was with the intention of taking the land. Then said let the old boundary of Ngati Awa. When I had heard of he laid off this boundary that Tanihana and Matene and others of Ngati Raukawa went to see my mother about it. Then I inferred that they intended to take my land and I said let the boundary be the old.
Wiremu Tamehana will speak relative to this old line. Some time afterwards, I went to lay off this old boundary with the rest of my tribe. Mr. Thomson surveyor went with us. Tamihana heard of this and he wrote a letter to me. It was to this effect to Wi Parata and all the tribe – you have no right to go into the mountain to light fires there. I replied I am not going to interfere or lay off a boundary on your land. I did not commence laying off boundaries, it was yourself and Matene.
I refer now to a time when Matene came down to Waikanae and on his way back laid off a boundary commencing at Kukutauaki and following a black line through the Ngarara block which I disapproved of and remonstrated with Matene and his people about.
Court adjourned for an hour.
At 2 pm the court resumed.
Kukutauaki – continued
Wi Parata
I heard of this boundary of Matene’s through Hoani Taipua. He wrote to me about it. Then I and my parents came and fixed the boundary between Pouatemoana and Taurangamohiohio which goes in a straight line up to the mountain.
Tamihana heard of this and took his surveyor and pointed out to him the crooked boundary which is marked on the map. I remonstrated with the surveyor. After he fixed a pole there that that portion of land was mine. My sister said let us take up the chain of Tamihana and return it. I said, no, leave it for the court.
I allowed the survey to go on. The names of the places pointed out to the surveyor went named by my people and pointed out by them. Each place pa tuna etc – they ---- to it was my people who told the name of them. Since the survey of that land, I have continued to use it for getting food from it, eels etc nobody has interfered with me.
Wiremu Tamehana Te Neke – sworn
That is my name. I belong to Ngatiawa. I live at Waikanae.
I know the land under investigation. I claim it.
I will commence my narrative at the time of the laying off the boundary by Matene, Karanama, Tamihana and Hakaraia (dated in 1847. At that time we went to Wellington. Major Durie, Mr. H. Kemp and Koroka (pakeha) were with us. Major Durie went to Gov. Eyre. He heard the governor’s mind at that time and informed me that at 7 in the morning we should go back to Waikanae. We Utumu. We arrived at Porirua at Takapuwahia. Mohi Te Hua and Hohepa Tamaihengia saw us and said to me at Te Hapua be the boundary (pointed out – outside the boundary described by Wi Parata). They said to me you let Wi Parata’s mother – Maitopene – that Te Hapua be the boundary.
When I arrived at Waikanae, I informed Maitopene to that effect.
On another day, Karanama and Hakaraia arrived at Waikanae. The old men of Ngati Awa assembled in a house in the evening. Matene arose to make a speech. At that time, Matene then questioned Maitopene. Matene said, “Which is the boundary you approve of”.
She replied, “Te Hapua”.
Matene asked a second time and she replied in the same way. Matene said a great deal on that occasion which I am unable to narrate.
Tamihana Rauparaha then got up and made a speech. An old man called Tuainene never grew dark on this occasion and gave an expression to his thoughts at that time to Tamihana and Matene.
My grandfather Te Heke replied and brought the boundary back to Te Maire not to Hapua as was stated by Mohi Te Hua and Hohepa – (Te Maire pointed out on the present boundary). All the old men of Ngati Awa also William King agreed to this.
1848, W. King’s party went to New Plymouth. That boundary was fixed and has never been disturbed.
In 1866, a pole was put in at the sea beach. This was the second laying off of that boundary.
In 1870, this boundary was laid off for the third time. This was the time of the election of Wi Parata. Ngati Toa, Ngati Awa and Ngati Raukawa assembled at Waikanae for that purpose. After the election, Ngati Raukawa returned and then they laid off the boundary (Matene’s) referred to by Wi Parata this survey.
Afterwards, I came here to receive the Sacrament. My wife and I stayed at Matene’s house. Matene then told me about the boundary which he had laid off. Matene then said to me, “If you come this side, your pa or earthwork, I will knock it down. I replied, “If your boundary is taken to Paetawa, your earthwork or parepare will be knocked down by me, let some people go with me on Monday and point out your boundary”. Matene consented.
On Monday, Hoani Taipua and Te Rei accompanied me. We went to the boundary laid off by Matene. Hoani Taipua said this is Matene’s boundary. I said “parepare” of Matene is fallen.
When I arrived at Waikanae, I assembled the people in the evening.
I now arrive to that part of Wi Parata’s statement where he referred to the laying off a boundary. The pole which thus placed between Tauaremoana and Taurangamohiohio thus was because Ngati Apa knew that the ---- place was Nohorua’s given by Nohorua to Huriwhenua. Huriwhenua was a chief of Ngati Awa. Huriwhenua went to Arapaoa. He transferred to Paora Matuawaka. That is the boundary which Ngati Awa did not go beyond to catch eels or use the ground. This side of it is Te Rauparaha’s. The tribes that have lived at Kukutauaki are Ngati Tama, Ngati Rahiri – sub tribe of Ngati Awa. Ngati Rahiri lived there continuously up to the time of the Kuititanga.
I will speak now of Ngarara which was mentioned. The places of Ngarara which have been mentioned are Te Pokawainga, Paioke, Taumatakoi, Tukotahi. These are all cultivations occupied by people when they went to catch eels in the stream. Ngati Awa have a right to these places because they have cultivated there. It was Te P--- who first exercised rights there and he transferred it to his tribe – Ngati Awa.
Eruini Te Marau – sworn
That is my name and I belong to Ngati Awa. I live at Waikanae.
I know the lands before the court. I claim the land. My claim is the same as Wi Parata’s and my statement will be the same as his.
I will commence my narrative at the eel pa’s at Pouatemoana and Turangamohiohio. There is a pa tuna at Turangamohiohio – called that. I saw my parents working there – catching eels. At Te Putahi, is an eel pa belonging to my parents and Wi Parata.
Kauakahia is another pa tuna belonging to Wi Parata alone going on to Te Ngarara. This is following the side of the swamp below the hill. This --- on to the line which extends right up to the mountain – this takes me to the turning point on the mountain which in a straight line goes to the sea.
I have never seen any persons interfering with our occupation of this land or the waters for our eel catching. My father’s name was Henare Te Marau – he is dead.
Te Hira Aratangata - cautioned to speak the truth
I belong to Ngati Toa. I live at Porirua.
I know the land before the court. It is mine. I say so because I am the person that lived upon it. I came from Kawhia.
I have a distinct recollection of the time we migrated from Kawhia. The place we stayed at on our landing was Waikanae. There were then a number of our own people there together with Ngati Mutunga. We crossed over and lived at Kapiti. We turned to the main land.
The land was then divided and allotted. Kukutauaki was settled. I went to Taurangamohiohio. I will not lengthen my story. These lands are Wi Parata’s. He inherits them from Te Pehi. The boundary line Wi Parata stated at Te Hapua was the boundary between Ngati Toa and Ngati Awa.
The land this side of Te Hapua was Matene’s.
I lived at Kukutauaki some time and went across the straits to Arapaoa then I returned and came to Porirua and have remained there since. My tribe has been occupying the land.
Case of the counter claimants
Court adjourned until 10 am tomorrow.
