065-076
Thursday July 11th
Court resumed sitting at 10 am.
Same judge and assessors.
Paremata – Oriwia Hurumuta and others
The court gave decision in this case.
The claimant Oriwia had in the opinion of the court utterly failed to make out her case or to show that she is entitled to any portion of the land shown on the tracing before the court.
The counter claimants also appear unable to define the boundaries of their claims as affecting the land shown on the tracing with the exception of Tamihana Te Rauparaha whose claim includes a portion of the land claimed by Oriwia. Tamihana has not however sent in any application for the investigation of his title and the court cannot proceed with the investigation of this claim which includes a large portion of land adjoining that claimed by Oriwia.
The court therefore refuses to order a certificate of title to any person in respect to the present claim leaving it for the counter claimants to procure survey of their respective claims and apply to the court in the usual way for investigation of their titles.
The counter claimants to procure surveys and send applications.
Fees demanded
Invest £1 - Paid £1 T. H. S July 13th 1867.
Town Sections Otaki – Enoka Te Wano
Enoka appeared – sworn
Ngatiraukawa – Otaki.
The land claimed by me has been surveyed by Mr. Hughes. The tracing before the court is what Mr. Hughes gave to me after the survey and I sent it to Auckland. I have paid for the survey.
(Court explained that the tracing could not be received as a proper map but would serve to assist the court in the investigation of title).
The land is a portion of the township of Otaki. This land is mine. It was the land of my father’s Te Wano and Takuira. They cleared it at the time it was occupied by Ngatiraukawa ‘katoa’. The fences are Tamihana’s. Tamihana fenced it because it was taken by his father Te Rauparaha from Waimatao who was the sister of Te Wano and Takuira’s father (Rongomai). The land was given by Te Wano and Takuira to Waimatao.
This was before the township was laid out. I do not know whether Waimatao had it at the time when the township was laid out; Waimatao was in occupation when Te Rauparaha took the land. I was here at the time it was taken by Te Rauparaha but cannot say whether it was before the township was laid out or not.
I was young when the township was laid out and do not know anything about it. Waimatao is dead but her son is living. Matini is her son. She was a Ngatiraukawa. The father was Ngatitoa but I do not know his name - Te Rauparaha took. I do not know in what year he died there and his son has held it ever since.
Te Wano and Takuira are both alive. The ground of my claim is that the land belonged to my ‘kuia’ (Waimatao) who is dead and I am her heir. There are other grandchildren of Waimatao – a great many. I claim the land as one of the grandchildren.
Te Wano Whainoa – sworn
Ngatiraukawa – live at Otaki. I know Enoka. He is my son.
I know the land on which Mr. Martins house stands. I do not understand the map. That land was mine and my brother’s (Takuira). It is now ‘kei a Tamihana’. It was taken by Te Rauparaha. We gave it to our ‘whaea’ (Waimatao). She built her house. When the town was laid out she was occupying her house.
When Te Rauparaha came she was living there. Te Rauparaha built a house on her ‘kainga’ and drove her out. After she was turned out she came and complained to us. She said “my place has been taken by Te Rauparaha”. We sent her back and said “Wait till Te Rauparaha burns your house and then it will be time to see what is to be done”. She came back and soon after died. She was turned away from her house on the land before her death but when she died her house was still standing.
I was not here when the town was laid out. I was at another part of Otaki. I know nothing about the apportionment of ¼ acre allotments. No quarter acre was given to me.
I live outside the township. The boundaries of Waimatao’s kainga were straightened by the surveyor who laid out the township. It extends from the road into the fence dividing John Knock’s place from Matenes. I do not know whether Te Rauparaha was a relative of Waimatao’s. I consider that he land belongs to her mokopuna and to Te Matina and his ‘tuakana’ Hopa, who is dead. The land was given to those three by us.
Raureti Te Putu – sworn
Ngatiraukawa – live at Te Pukekaraka.
I know the land claimed by Enoka. It belonged to Te Wano and Takuira. They gave it to Waimatao their ‘whaea’ and their ‘teina’ Matina and Hopa.
Tamihana is now occupying it. The reason is because Te Rauparaha turned the owners out.
Paraone was one who lived on that land. He was brought there because he had a ‘kainga’ when the town was laid out. He and Wi Rape were both allowed by Waimatao to occupy at the time of the laying out of the township. It was Waimatao and her children who put them on the land.
Wi Piti was another who occupied. I mean that I suppose they were brought there by Waimatao and not put there, by the ‘rununga’, if the rununga had put them there they would not have been turned out. They built houses afterwards.
All that piece was taken by Te Rauparaha.
Waimatao returned as told by her relatives, Te Wano but Paraone and Wi Rape did not. Wi Piti remained and afterwards left. I do not know whether they repaired their houses or fences. I heard that he sold his house to Tamihana.
Matina Te Kiko Tuwha – sworn
Ngatiraukawa. Lives at Otaki. Am a son of Waimatao.
Know the land shown on the tracing. It belonged to Te Wano and Takuira in former days. It is occupied by Thompson.
It was taken by Te Rauparaha from us - My mother and Hopa and myself who were occupying it. It is a part of Otaki township which was divided into quarter acre allotments. All the tribe agreed to the laying out of the township. Waimatao’s house was there before the township was laid out. After the town was laid out a quarter acre was allotted to me.
No. 60 was given to Hopa, No. 59 to me, No. 58 to Paraone, 57 to Wi Rape, 56 to Wi Piti, 55 to Te Kooro. These were to be permanent possessions for the people to whom they were allotted. Waimatao’s house was on Hopa’s piece No. 60.
We occupied and Te Rauparaha came back. He came to the settlement. He wished to have a place for himself. He first wished to have the place on the hill where the cemetery now is. This was not consented to by the owners – Kini Hori, Te Puke. He then came and turned us out. He said to my mother and to Hopa (and I was there) “Do you clear out and lease this place to me that I may be near the church”. We did not reply. Hopa went to Porirua. He was dark ‘i haere pouai’.
We had all occupied my mother’s house. I did not build on my allotment. Hakaraia appointed another place for us afterwards No. 55 – (Te Kooro’s) by the side of his. He had two lots 54 and 53. Wi Piti was then on 56. I built a house there. I brought my mother’s house away from where it stood on No. 60 and put it up on No. 56. Wi Piti, Paraone and Wi Rape had sections given them on the other side of the road. Paraone had No. 44 and Wi Rape had No. 43.
After that, we (Hakaraia and I) set to work to fence in our place which was the first fenced. I left my mother in occupation and went to Porirua. I remained at Porirua with Hopa up to the time of our mother’s death. She was taken ill in her home and taken away to another place to die.
The allotment is now in the possession of Hakaraia’s daughter. Wi Piti continued to occupy. He sold his to Tamihana.
Court adjourned at 12.45 to 2 pm.
Court resumed at 2 pm.
Town Section Otaki – Enoka Te Wano – continued
Tamihana Te Rauparaha –
Appeared and stated that he claimed the land but he would not bring forward his claim on the survey procured by Enoka Te Wano. He would lease the present case in the hands of the court and would send in application to have his title investigated.
The court decided that the claimant Enoka had made out no case and refused to order a certificate.
Fees demanded – Investigation £1 – Fees paid £1 T. H. S – July 11th 1873.
Mangapouri – Hipirini Taiweraki
Hipirini called – did not appear – Postponed
Quarter acre – Town Section in Otaki – Pene Te Ruapuia
Pene Te Ruapuia - called – did not appear
Counter claimant Rota Tetahi – called – did not appear
Tamihana Te RAuparaha
Appeared and stated that the applicant had gone to Wairarapa to follow his wife who had been taken from him. Applied for an adjournment
Hearing adjourned to a future sitting of the court.
Pahianui – Te Peneti te Rangi Wahi tu
Applicant called – did not appear
Tamihana Te Rauparaha
Appeared and stated that the applicant is the man who ran away with the wife of the applicant in the previous case.
Case dismissed.
Mangapouri – Hipirini – called again
Hipirini Taiwaraki – sworn
Of Te Mateawa – Ngatiraukawa – Live at Pukekaraka.
The land I claim is in the township of Otaki. It is on the other side of Matina’s place and Mr. Martins. I cannot see the map of the town. My eyes are dim. The land was surveyed by Mr. Hughes and I paid him for it. I claim this land.
The land belonged to Erihapeti Poia – my wife and her ‘tungane’ Nga Pawa, Keremata Rangi Kahuri. The first two are dead.
Matarena Ngaroti is a daughter of mine and Poia who is living. Te Teira is a son of Nga Pawa. I do not know anything about this being in the middle of the township. I am not an occupier of the town. Nga Pawa and his mother occupied it. They died there. They had a house there. The house was there before the township was laid out. These houses were standing after the laying out of the township – points out site of houses.
Before the township was laid out I lived in the house near the stream with my wife Erihapeti. We afterwards went to Pukekaraka. We returned again after the township was laid out and occupied and went backwards and forwards until the death of my wife, mother (Erihapeti Uruhia). She was taken by us to Pukekaraka when near death and died there. Neither Nga Pawa nor Uruhia were dead the year that Rauparaha came back.
The land belonged to my wife and her brothers from the time of Ngatiraukawa taking possession.
Keremeta Rangikahuri – sworn
Ngatiraukawa – live at Pukekaraka.
I know that land. It belongs to me. I am the survivor of the owners. It belonged to us - Hipirini who married my sister Erihapeti and the two children – 4 of us. Rangikahiriri –my father Nga Pawa was the son of my father’s sister.
I heard of the laying out of the township but did not agree to it and was not present at it. After the township was laid out Nga Pawa was occupying a house on the land and died there. The town was then occupied and Te Rauparaha was living here after his return from the ‘kaipuke’. After him his mother continued to occupy the house she lived in (B)
Parakaia Touepa – sworn
An assessor of Ngatiraukawa – live at Otaki.
I recognise the land shown on the map. It is part of the township. It has not been occupied by anybody since the township was laid out. On this side of the blacksmiths fence – Uruhi’s whare stood, beyond that fence. It was built before the town was laid out and when the town was laid out the ¼ acre was allotted to her.
No. 185 and beyond that the land was allotted but not occupied. The one beyond Uruhira’s (No. 186) was occupied by Te Rei. Hori Ngawhare had No. 177 and 178. Te Rei occupied his while Uruhia was living. Uruhia went away while alive and well, in about a year after she died no one occupied her house.
Nga Pawa’s wife was my sister – Kaeta, she is dead. Nga Pawa died after the township was laid out. I do not know whether there was a house there when the town was laid out.
Karanama Te Whakaheke – sworn
Ngatiraukawa – Pukekaraka – know the land – know that it belonged to Nga Pawa - Kermeta and Rangi Kahiwi their ‘papa’ in the ‘ritenga Maori’. I suppose it belongs to them still.
I did not see them laying out of the township. I was at Waikato when I came back the town had been long occupied. I was not here when the talk about the town was had. Uruhia and her ‘hunanga’ Keita also still lived in her house when I came back. Nga Pawa was dead. They were then in her house (B).
Applicants case
Wi Piti appeared as a counter claimant. Claims the whole of the land.
Ropata Te Ao – claims portion on behalf of Hanita’s 3 grandchildren.
Parakaia Touepa – opposes both on the ground that the land has been set apart for a township.
Te Wano – opposes Hipirini on the ground that part 4 the land belongs to Whiti Kura.
Pita Te Pukeroa – opposes on the same ground as Parakaia.
Court adjourned at 5 pm till tomorrow
