Saturday 24th January 1880
Court opened at 10 am.
Present – the same
Case continued – Re Waimakaira – 516 ¼ acres
Te Wireti Te Ruinui – sworn
I have a right to this land. No one has disturbed me. I am Ngati Huia. Onukuwaiata is where my potatoes grow ever since Kuititanga in 1839.
By Hakaraia
I have cought eels on this land. I came here in 1839. I did not see Pita and Uenuku. I claim through Rauparaha and Whatanui’s conquest.
By Tatana
There was dispute between my brother Epiha and Whatanui. He owned the land but by Epiha’s contest it came to us. I don’t know if any one is alive who was present when deliberation about land took place at Haowhenua.
Rauparaha was my ancestor. Others claim through him. He made no division of this land. Whatanui’s mana extended all over the district. I turned off Whatanui Parewahawaha and Nepia and Pukiki.
Tamihana Te Hoia – sworn
This land belonged to Epiha. It is true that Wereta’s cultivations at Omukuwaiata. I have seen no one else there since 1839.
There was struggle between young Whatanui and Epiha who was an elder relation. The land went to Epiha. No one has worked this to today. Young Whatanui’s houses are still there. In 1867, Wereti went and broke up his houses. Did not see any one else doing it. It was let in 1874 to Davis. This is Wereti’s and Hakaraia’s – no one else. I never heard objections until now.
By Assessor
Hutana only claims through slave title. Muaupoko, had not cultivated there. A. B. G. D are the boundaries but Wereti and Hakaraia own to the bush and Te Uku.
By Tatana
I did not see eel weirs of Hutana’s on this land. There was one of Hakaraia’s called Wheke. There was no shutting up of Whaimakaira. No one fenced it off. They would not have been buried in the sand. I don’t know that the land was conquered by Pita and Ounuku. Pita was at the pa. The land was awarded to Pita but Epiha being stronger took it.
Hakaraia Te Wera – sworn
This land was Epiha’s and Wereta’s. I never saw anyone else there. They worked for eels on it. Whatanui was pushed off by them.
They always stayed there. No one disturbed them. I never was interfered with by Hutana until today. When Epiha died, I was brought in by Wereti.
By Assessor
Epiha’s contest was because Whatanui came to get eels and wanting the Lake. I don’t know it was contested between him and Pita.
By Tatana
Whatanui was thrust off because of the Lake. I don’t know if Pita tlook part in it. Muaupoko are slaves. Pita had eel weirs there. I have had them there for 40 years. We came prior to 1839.
Te Hutana – sworn
I have a claim through eel weirs which gives me right. No one else worked our eel weirs. Muaupoko pointed out the weirs. Whatanui had no right there. Epiha got his title through his contest with Whatanui. I knew Manea had a right. We kept working after that.
I only saw Pita Kaiaho, my elder brother and a slave. I did not disturb the other side because it would have made a disturbance.
By Tamihana
There is a lake at Ounukuwaiata. It contains eels not an eel weir. The name extends over the surrounding land. I lived here prior to 1839. I still occupy. My title is through eel weirs. Weriti did not cultivate at Ounukuwaiata. Eel weirs give a greater right than cultivating. I did not see Whatanui’s houses.
Menihira Ngarepo
The land was Hutana’s. Epiha got it through contest. Hutana got eels there. I have worked eels at Waimakaira under Hutana. Ounuku pointed out the eel weirs to Pita and Epiha. He was of Muaupoko.
By Hakaraia
The contest was because Manea went to work eels. A person would not contest without a right. I heard Epiha had a right on the land.
By Tamihana
Hutana and Pita did not disturb Epiha as they were connected by marriage. Epiha is dead and Hutana now come to contest with Wereti. Ounukuwaiata is a swamp with eel weirs.
Hiringi Te Pahau – sworn
Waimakaira belonged to Pita, Hutana’s elder brother. No one has turned me off.
Pita pointed out those weirs to us. He was the person who worked with us. Manea were at Wawa, flax dressing and eel spearing. Pita and others went for eels. Hone waiwai was there. Epiha then contested with them about it. The land remained with Epiha according to native custom.
At Haowhenua, Pita gained the day. I don’t know how. Epiha retained the land after he lost the case there.
I did not hear that Weriti pulled up Whatanui’s post at Waitarere. It is not now in existence. I cannot say how it was lost. I did not hear of a post at Ngawhakahiamoi. Hukiki and others came to A on the plan on a deliberation about boundaries. I saw Epiha working on this land. I have seen you working there.
By Tamihana
Epiha became entitled through marrying Rawinia and through his contesting. It gives him a good claim. We contest the claim because he is dead. We did not contest it in 1873.
1874, when the land was let, we left it for the court to decide. We work at eel weirs there. I have worked eels on other persons lands. The eels of Waimakaritu do not go into waimakaira. I was working eels there when Pita was alive. Working eels and cultivating gives equal titles to land, cultivation the greater.
By the court
When taking eels, we lived at Porotawhao. We worked openly. We worked on Muaupoko weirs. Pita was the first who did so.
Tamihana Te Hoia asked court to adjourn for them to get food.
Court adjourned at 3.30 pm.
