Thursday 27th November 1879
Court opened at 10 am.
Present – the same
Aorangi No. 1 – continued
Mr Alex McDonald – sworn
Afterwards he withdrew from the conduct of the case and would advise his clients to do so.
Mr. Booth was called to give evidence as to Maori custom.
James Booth – sworn
I have been 27 years in the country and have some experience as to Maori custom. It is customary for people of one tribe to many into another. I have not known it customary for a woman who may marry away from her tribe to loose her interest in the land through her father. My experience is that a woman does not loose her interest through marrying away. There may be exceptional cases. The offspring of such a marriage would succeed to the parents interest (instances cited) and in a case heard a short time ago a woman who had married away from her tribe, to Kawana Hunia, was admitted as an owner simply because she originally belonged to that tribe.
Court had to adjourn until 2 pm in consequence of the unseemly behavior of the Peete Aweawe, who is an assessor of this court.
Court resumed at 2 pm.
Mr. Booth – resumed
According to my opinion and the decisions of various Native Land Courts, nearest of kin succeeds. I know Enereta. She belonged to Ngati Kauwhata. She never had any dealings with her tribe during her father or brothers lifetime but since their death she has taken part in meetings of her fathers’ tribe (Ngati Kauwhata) she has continued to live in the district as her husband’s lands are close to those of her fathers’ tribe.
Xed by McDonald
I know this land Aorangi was adjudicated on and a list of names given in at Foxton in 1873.
I have seen the order and believe it was awarded to a certain persons of a certain tribe. In the instance, I have given; I don’t believe the tribe would exclude the woman who had married away. I don’t think a tribe could exclude anyone from participating in the lands of the tribe without some very good reason being given.
Enereta’s name was not given in and was not admitted in the list of names given in for Aorangi but her father and brother were admitted. It is according to Maori custom those children of a woman who marries away from her tribe to send her children to be brought up by her tribe. It is sometimes done.
Xed by Dr. Buller
I was present when the confirming judgment in Aorangi was given. Kooro and Reupena were then dead and the court decided to put their names in and let their representatives prove their title as successor.
Ihakara Tukumaru – sworn
I am a Ngati Raukawa.
If a woman marries into a very distant tribe say in the middle island and never coming back, if she came back and asked she would be admitted to the tribe.
A woman of ours went to Ngapuhi and married there, her descendants have come back. Heni Kipa was one and she was admitted to a claim at Foxton the other day which was right according to our custom.
If a woman marries a man of another tribe living close to, she, according to Maori custom succeeds to her father’s rights not withstand her having married into a slave tribe and the children on both sides would be entitled.
Mr. McDonald addressed the court.
Dr. Buller replied.
Court retired to consult.
Order to be made in favour of Enereta Te Rangiotu.
Fees £1.0.0
Pukehou No. 5A
Enereta Rangiotu claims to succeed Reupena Te One.
Mr. Booth appeared and stated that he represented 40 claimants. He having purchased their interest for the crown and although the notice set out the claim as 4A instead of Pukehou 5A, he would not wish proceedings stayed but rather the case went on and an order made to claimant.
There is no block named Pukehou 4A.
Mr. Willcocks as interpretor – sworn
Stated everyone recognized this as 5A.
Enereta Rangiotu – sworn
I am wife of Hoani Meihana and live at Oroua Bridge.
I knew Reupena One. He was my father. He is dead. I am his only surviving child. He was an owner in Pukehou 5A and I wish to succeed him in this land.
Objectors challenged – none.
Order made in favour of Enereta Rangiotu to succeed to Reupena Te One.
Court adjourned at 4 pm.
