Saturday February 29th
Court sat at 10 am.
Present – same judges and assessors
Tekihana I Otaki – Hoani Taipua
Hoani Taipua appeared and stated that this is land adjudicated on by the court.
Plan 512 – 2a 1r – 37 perches.
Whakarangirangi – Hoani Taipua
Hoani Taipua appeared and stated that the land had been surveyed by Mr. Knight about 3 weeks since. The plan was not ready.
Applies for adjournment to a future sitting.
Objections to claim challenged – none appeared.
Hearing adjourned to future sitting.
Taewa Pirau
Wi Parata and others adjourned case from last sitting.
Wi Parata appeared and stated that Mr Swainson had surveyed the land.
George Frederick Swainson appeared – Sworn.
I put in a plan of the land claimed by Wi Parata called Taewa Pirau (produced). I surveyed this land for Wi Parata. Boundaries pointed out by him and others. Boundaries distinctly marked on the ground. Rules of court observed. No interruption of survey. No dispute as to ownership. Witness stated in explanation of the words “Part of Capt Rhodes claim” that this land formed part of a block claimed by Capt Rhodes by purchase from native owners prior to 1840 and Captain Rhodes’ claim had been before Mr. Spain who had made a recommendation. Mr. Swainson had written to Captain Rhodes by yesterday’s mail to inform him that the court was sitting and that case would be heard.
Hearing adjourned to Friday March 6th to give Capt Rhodes the opportunity of coming forward.
Continued pp 162 in this book.
Allot No. 155 – 170 Otaki –Te Rei Parewhanake
Te Rei appeared. Land surveyed by Mr. Swainson.
George Frederick Swainson – Sworn.
(Put in a plan of land) surveyed by me for claimant. (Produced) boundaries pointed out by claimant. Forms part of township. Comprises two of allotments as originally marked out. Both allotments are partially fenced. No interruption of survey. No dispute as to ownership. No claim for survey charges.
Te Rei Parewhanake – Sworn.
Live at Otaki. Of Ngatiraukawa. The land is mine. Live on allot 155. These allotments were assigned to me at the time the township was laid out. No. 155 was given to TeKoari who was my uncle (father’s brother). He occupied and died leaving no children. I lived with him. No. 170 was allotted to Te Hutama Pehi, my own father. He occupied and is dead. I am his only child. I apply for a grant in my own name. I wish the grant to be restricted.
Page 120
Objectors challenged – none appeared.
Rawiri Te Wanui – Sworn.
Of Otaki. Corroborates evidence of applicant.
It was ordered that a certificate of the title of Te Rei Parewhanake to 2 pieces of land at Otaki each containing respectively 34 ½ perches and called allotments Nos. 155 and 170 of Otaki town be made and issued to the governor.
Court to recommend restriction on alienability.
Fees demanded
Invest £1 Explan 10/- Cert £1 CGrant £1 = £3 – 10 – 0
Makuratahi – Rota Te Tahiwi
Rota Te Tahiwi appeared and stated that the land was not surveyed. Intended to survey. Asked for adjournment to a future sitting.
Hearing adjourned to future sitting.
Allot 53 – 54 – 55 Otaki - Hema Te Ao
Hema Te Ao – called.
Ropata Te Ao appeared for claimant. Land has been surveyed by Mr Swainson.
George Frederick Swainson – Sworn.
Produced plan of land claimed. Survey and plan by me. Employed by Hema Te Ao and Kiharoa. Boundaries pointed out by them. Part of township. Corresponds with allotment as originally marked out, the land is fenced. House in occupation of an Englishman built by one Hakaraia, first husband of the wife of one of the claimants. Survey not interrupted. Not aware of any dispute as to ownership.
Ropata Te Ao – Sworn.
Brother of Hema Te Ao. I know allot No. 54 as shown on the plan. 54 was allotted to Hakaraia Kiharoa at the time the town of Otaki was surveyed. He occupied and built the house now standing on it. Till his death, he left house and land to wife and daughter. Katerina (wife) and Mere Hakaraia. (daughter). They are both now living. Hema Te Ao is Katerina’s second husband.
Court adjourned at 1 pm to 2 pm.
Court resumed at 2 pm.
Allot 53 – 54 – and 55 - continued
Mr. Swainson informed the court that Hema Te Ao was gone to Taupo and that Kiharoa Mahau Ariki who was to have conducted the case in his absence was ill and unable to attend but asked for the hearing to be postponed.
Further hearing postponed to Tuesday March 3rd.
(Continued pp 134 this book)
Waiariki No.2 – Kipa and others
Kipa Te Whatanui appeared.
Land surveyed by Mr. Hughes.
John Hughes appeared and stated that he had surveyed the land and had sent the plan to the Inspector of Surveys but do not know on what date. Think it was in June 1867. Have not seen it since. Land is about 8 acres. Plan was on a sheet with another claim.
Hearing adjourned to a future sitting for want of plan.
Te Waerenga (No.2) – Hapeta Te Rangikatukua
Hapeta appeared.
Surveyed by Mr. Swainson.
George Frederick Swainson. Licensed surveyor – Sworn.
Produce plan of claim. Plan and survey by me. At request of Hapeta and Wereta. Boundaries as shown on plan distinctly marked on ground. Rules of court observed. No interruption of survey. Not aware of any dispute as to ownership. Wereta lives on the land and cultivates it. Don’t know if Hapeta cultivates.
Hapeta – Sworn.
Live at Otaki. Of Ngatiraukawa. Recognise land shown on plan. Wereta Rarua owns jointly with me. The land belongs to us two only. The line shown on the plan divides our respective claims. It is a boundary agreed on between us. Applies for two certificates, one for Wereta and one for self. Land occupied by my father – Te Rangikatukua and Wereta, my mothers brother, from the time of the coming of the Ngatiraukawa to Otaki. There is another child, a sister, who went away to Kaikoura with the ‘pakeha’. She went away in my father’s lifetime and when my father died he left the land to me. Mother is dead. I don’t know whether sister is alive or dead. I have left a portion of the land outside of this boundary for her.
Objectors challenged and none appeared.
Roera Te Ahu – Sworn.
Of Otaki. Ngatiraukawa. Knows land. It belonged to Hapeta is father. This land was given by Te Ahu to his ‘tama’. The portion now claimed by Hapeta was given to his father to Wereta and Te Rangikatukua his ‘tama’ as a permanent possession which they occupied ever since.
Wereta Rarua – Sworn.
Corroborates Hapeta’s statement has seen and assented to boundary dividing the claims. Wishes to have a certificate for his portion, as shown on the plan.
Both claimants desired the land to be restricted as to alienability.
It was ordered that certificate of the title of Hapeta Te Rangikatukua to be at Otaki. Containing d1 – r0 –p31 called TeWaerenga No.2 (A)see below, be made and issued to the governor.
Court to recommend restriction on alienability.
It was ordered that a certificate of the title of Wereta Rarua to be at Otaki. Containing r2 – p39 called Te Waerenga No. 2 (B)see below, be made and issued to the governor.
Court to recommend restrictions on alienability.
Fees demanded.
From Hapeta (A) Invest 10/- Explan 5/- Cert 20/- C.G 20/- Total £2.15 – 0
From Wereta (B) Invest 10/- Explan 5/- Cert 20/- C.G 20/- Total £2.15 – 0
Court adjourned at 5 pm to Monday March 2nd 1868.
