Tuesday 20th September 1881
Place – the same Present – the same
20 Pahianui
Claim read – no plan
Dismissed
23 Pahianui
Claim read – no plan
Adjourned
78 Moutere – W. D. 450
Claim read
Dr Buller said – I appear on behalf of Hema Te Ao and his co claimants.
Hema Te Ao – sworn
I am of Ngati Raukawa. I live at Otaki. I am one of the claimants with H. Taipua and Mahauariki.
I know the land. It is part of land given by the chiefs to bishop Hadfield many years ago. A barn stockyard and cowshed have been built on it. It is about 30 years since it was given to the bishop up till the present. No one ever disputed his possession. I was one of the owners at the time the gift was made. One of us lived and worked there – viz Haurangi who married Poia, this was before the gift. Haurangi left no issue and no one has ever claimed on his behalf to any share in the land.
Mr Carkeek discovered that this land had been excluded from the grant. The whole tribe was under the impression that it had been included. We now desire the title ascertained for the purpose of returning it to the mission.
Objectors
By Tame Ranapiri
Te Raiti Tonihi
I belong to Ngati Kapu. I live at Otaki.
I know the land described on the plan. This is a new name for it. Te Kapu o Te Korokiko is the old name. This piece belonged to my grandfather Te Uhi. He cut it up about the time of Haowhenua. It was after Pukekaraka had been cut up. He worked on it, my father also. I don’t know whether my father gave this piece for a school purposes. There are people here who know that this piece belonged to my father.
By Dr Buller
Tonihi was my father. He is dead. Te Uhi was my grandfather. He raised crops on this land (place pointed out). I didn’t see him there. All my evidence is hearsay. My father worked on the land also. Were I on the ground, I could point the place where my parents worked as I have been told.
Ahitangutu is owned by Te Ra and Hakaria. My parents had no right on that land. Ahitangutu adjoins this land.
Part of my grandfathers’ land went into H. Taipua’s grant of the land where the public house stands. My grandfather had no rights outside these boundaries. The plan shows the exact boundaries of my grandfathers’ land. The people told me this. The land we had towards the east has been taken with H. Taipua’s grant. I know nothing about it except what I have been told.
Re-exed by T. Ranapiri
The part included with Taipua’s grant was sold to him by my father. I heard this also.
Xed by court
When I first heard this was my fathers land was when Carkeek surveyed it. Were this piece included in the grant to the mission, I should have nothing to say to it. I
I don’t know which the catholic or Anglican missions were here first. I have seen the buildings and fences on the land belonging to the mission. My brother did not tell me this piece was mine.
Pene Te Hapupu – sworn
I am of Ngati Tuhe of Ngati Raukawa. I live at Otaki.
I know this land. I see the site of the barn. Takapu o Te Korohiko is the old name of this land, beyond the stockyard belongs to Te Uhi, the other part is mine.
We seized this piece at the cutting up of the land. My own piece is still in my own possession. I was not present when Ngati Raukawa gave land to the church mission.
Hapimana’s land was on the N. E. The S. W. part was Uhi’s land.
I heard Hema and Taipua’s claim. I object to their application for investigation.
Xed by Dr Buller
I want my name in the certificate.
I heard Te Raiti’s statement. Some of her statements are right, some are wrong.
I owned the N. E. part with hapimana. I know nothing of the boundary line shown on the map. It may have been Hana’s or it may have been Te Raiti’s.
I was in Waikato when the gift was made.
Te Uhi caught this piece himself. I was tattooed there. I saw him working there. This piece was cleared after Kuititanga. Te Uhi died at Te Kuititanga. Tonihi then took this land. Tonihi was alive when it was given to the mission. His claim did not extend over the land given to the mission nor did it extend beyond this black line but it did extend with the grant to Taipua. Hoani took that piece of Tonihi’s land.
Raiti’s claim does not extend S. of the line nor does it extend N. of it.
Our piece is from the black line N. to bishop Hadfield’s boundary. We knew nothing of the boundary. It was not an ancient one. It was discovered the other day but for this there would have been no boundary.
My ancestral claim is within the boundaries on the plan. Where the barn now stands is the land I seized.
The gift to the mission was made when I was at Waikato. When I came back I did not object. Had Rawiri made the survey, I would have assented.
Xed by court
We worked here after Haowhenua. It was bush when we took it. Te Uhi worked on it. My elder brother married Anikanara and was burnt here. The whole piece was cultivated. Tonihi worked on the same ground as Te Uhi.
This black line is a new boundary. The proper boundary between Te Uhi and me runs parallel to this but he’s farther to the N. E.
Part of my land is in grant to the mission but I have no desire to recover that. It has gone. I have no objection to the gift by Ngati Raukawa to the bishop.
I believe this piece was excluded from the gift.
Karanama Whakaheke – sworn
I live at Otaki. I am of Ngati Kapu.
I know this land. Te Kapu-o-Te Korohiko is the name of it. Moutere is a new name for it. It belonged to Te Uhi and Tonihi. I don’t know the boundaries. They cut it up after Haowhenua. They worked on it – cleared the bush. I heard this piece was given up by Ngati Raukawa to the mission.
Kapu o Te Korohiko was the name of the land given to the mission. I was not here at the time but this piece was excluded from the gift.
I did not see Tonihi when the land was given to the mission. I heard that the piece then given has been granted to the mission.
Xed by Dr Buller
I was at Otaki when the gift was made. I don’t know whether Tonihi had any part in the gift.
Hakaria Rangikura = sworn
I am of Ngati Kapu of Ngati Raukawa. I live at Otaki.
I know the land. I am not sure of the boundaries. It belonged to Te Uhi. He seized it. After Haowhenua, he worked it - his children also. I saw them working there.
I remember the piece given by Ngati Raukawa to the school.
I heard that Kapu o Korohiko to Taumanuka was given. I don’t know whether this piece was in or out of that gift. Tonihi was at Waitawa when the gift was made to the mission. I heard no objection to Hadfield’s fence. This is now Te Raiti’s land.
Xed by Dr Buller
Te Raiti and others are the owners of it.
I don’t know the proper boundaries.
I only know that Takapu o Korohiko belonged to certain natives. Tame Ranapiri has no interest in Takapu o Korohiko.
Re-exed by Tame Ranapiri
Hoani Taipua had no interest in the southern part of this land. He was outside.
I don’t know Hema’s part.
Xed by court
Ngati Kapu attends the meetings called by Ngati Raukawa. The first meeting was about this piece. I was at that meeting. Only the old people attended it. I was very young. I don’t know whether the elders of Ngati Kapu were there – Te Puke, Te Ao, Mahauariki, Matia, Wharewhiti, Te Waru, Ahoaho, Te Puna and Otaki. These are all chiefs of Ngati Raukawa.
I knew Te Ahoaho. He was not of Ngati Kapu. He was of Ngati Kapu.
Ihaka Ngarongo – sworn
I am of Ngati Turanga. I live at Manawatu.
I know the land where the barn now stands only. I also know a fence. I know all this land. It belonged to Te Uhi. He seized and cleared it and worked on it. His children did so also.
I did hear of the gift by Ngati Raukawa. I did hear of the gift by Ngati Raukawa for a school.
I heard the boundaries of the piece given. I did not hear that the gift included this piece.
Xed by Dr Buller
I was present at the meeting to give the land. I heard the boundaries.
I did not hear that this piece was excluded. It was not included in the gift. I believed at the time, this piece was cut out but I took care to hide it in my breast. Tonihi concealed it also.
The owner of this piece excluded it from the gift.
Re-exed by Tame Ranapiri
It is for the owners of the land to explain the exclusion of this piece from the gift. I heard of the names of the chief.
Through court
They are the principals of Ngati Raukawa.
Xed by Ranapiri
I attended the meetings of Ngati Raukawa.
Xed by court
Te Waru and Te Ahoaho were chiefs of Ngati Raukawa.
By Ranapiri
I attended the meetings of Ngati Raukawa.
Xed by court
Te Waru and Te Ahoaho were chiefs of Ngati Raukawa. Te Waru was of Ngati Hurihia. I don’t know if they were Ngati Kapu.
Ngarati Te Tewe – sworn
I live at Otaki. I am of Ngati Kapu.
I know the land shown on the plan. It belonged to Te Uhi and Te Ra. Te Uhi seized this land. He worked on it so did all his children.
I did not hear of Ngati Raukawa gift to the school. I never heard that a piece was given for a school. I dnow the adjoining land all round. It was Ngati Raukawa’s now it belongs to the bishop. I heard within the last few years that this land had been given to the bishop. I mean the land outside the place. This – in the plan was not given for a school. I was a catholic. Ngati Raukawa were Anglican.
Xed by Dr Buller
I know this piece. It is outside Ngati Raukawa’s gift. I always knew it was without. I did not know the gift because it was not mine. I am certain that this piece was outside although I knew nothing of the gift. I don’t know how long since I first heard of the gift.
I knew Te Rei Paehua. He was a Ngati Kapu, Hori Ngawhare also, Natiu Te Roroao also. I never heard of their gift nor did I hear of their objecting. I can’t point out the respective boundaries of Te Uhi and Te Ra. I did not hear Te Raiti’s statement. I was not present when she was examined. Te Uhi and Te Ra owned this land jointly. They had no other land outside this piece. This is the map of their land. The only land they ever had here. The boundaries were laid down by Te Ra and Te Uhi.
Xed by court
I was a catholic. I did not hear of the gift. We were jealous of each other - the catholics and the Anglicans. The first gift was to the Anglican Church. After that was the gift to the Catholic Church. Before the gift of this land to the Anglican Church, the respective adherents were jealous of each other. They never disputed the road. We all knew this piece was not included in the land given to Bishop Hadfield.
Pineaha, Henia and Hoani have no interest in this land. Hoani’s land is that on which the public house stands. I wish this piece to return to Te Raiti and her parents.
I have seen the bishop’s fences. I saw the survey of this piece also. I saw the fences for the first time a few years ago. I don’t know how long since I saw the fern trees first. I never objected to the bishop’s fences. Let Te Raiti find out for herself.
Dr Buller received theevidence and asked the court to make an order in favor of his clients as the counter claimants had broken down and failed to establish anything for themselves as completely as they had failed to eject his clients.
The court ruled that it would hear two of the claimants witnesses.
Hoani Taipua – sworn
I live at Otaki. I am of Ngati Raukawa. I am one of the claimants.
I know this land Moutere and I know its boundaries. The land on S. E is mine under grant.
My mother told me all Ngati Pare were interested in this land also in the S. and to the south of this. When Ngati Pare lived here, they worked on Moutere also Ngati Kauwhata, Te Kahuhui and others of the last hapu worked on it.
I was only a child when this land was given to the bishop. My mother was not present but I followed the bishop’s old boundary common to both but for it, I should have gone farther west. When the south line was surveyed, the bishop’s old boundary was obscewered as the boundary of Ahitangutu. My mother claimed land outside of it.
This piece outside the southern boundary, I afterward sold to Ranapiri. This would all have been claimed by my mother and myself but for the bishop’s boundary. It is only lately that Mr Carkeek discovered that this piecwe had been excluded from the bishop’s grant. Hema and I decided to obtain a title and give it to the native teachers in trust. That was why we put Pineaha’s name was put in the claim.
I am willing to withdraw my name to have the title so as we have arranged. Peneaha belongs to our hapu. No one has ever questioned the bishop’s title to this piece until quite lately. Is it likely a small corner like this would be known about? This is Ngarati’s permanent residence. He must have seen the fences and the buildings for years.
When my claim to outside land Otaki A, Tonihi appeared as a counter claimant. We went out of court and talked the matter over and Tonihi withdrew. At that time Tonihi set up no claim to the land on the west of my boundary.
Xed by Tame Ranapiri
When I saw the bishop’s fences were on this piece, I knew the land had been given to him. The bishop’s fences had been standing for years before I made my survey.
In taking the fence for my line, I thought I was following the boundaries of the gift. Had I known then that this piece was excluded from the grant; I should have taken it into my land and survey. I don’t know why the bishop failed to include this piece in his survey for a grant. I don’t know whether the bishop made a mistake when he put his house and fence on their piece. We want to do with this as the old people did – give it to the mission.
Xed by the court
The gift to the bishop was in one piece. He took possession of this when the town was laid out. He may have been in England when the survey of his piece was made. That is the reason why this piece was excluded from the survey of the mission land. There are other pieces similar to this which were given to the mission which have not yet been granted. Piritaha was one. This piece was given to the bishop quite lately.
Hema Te Ao – on former oath
I have heard the statements of the counter claimants. They are false.
The boundaries on the S. W and S. are ditch and bank and have never been questioned. I claim through Karaitiana and Haurangi. My object in claiming now is to give the land to the bishop because it is his and was given to him by the whole tribe. There was not a single dissentient voice at the time of the gift.
Ngati Kapu were largely interested in the gift. The gift to the bishop was made by those named in the telegram produced but for the bishop’s old boundary.
Hoani would have claimed this land at the time he claimed Otaki A and I would have joined him. I am not aware of any bad feeling in Otake between the catholics and Protestants. Ngarahi’s father who was inclined to the obstructure got a cow and went away satisfied.
Xed by Tame Ranapiri
I know the piece before the court was in the gift to the bishop because of the fence. Had it not been given to him, it would have belonged to Hoani and to me. I know the bishop has occupied the place for 30 years. It was given to him and is excluded from the grant by an error which I intend to set right.
There is a piece elsewhere which has been given to the bishop quite lately. Piritaha is the name. I don’t know of another piece like this which was included in that gift.
I did not see the survey of the piece given for the school. I don’t know how this piece was omitted from the survey for Hadfield’s grant unless by an error by the surveyor.
Court adjourned until 10 am tomorrow.
