More Info →24 March 1868

Description

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Tuesday March 24^th

Court sat at 10am

Present same judges (3) and assessors

Himatangi – continued

Miratana Te Rangi – sworn

I know the land Himatangi – the boundary towards the sea is the ‘Tumu nga herehere’ at Omarupapako – that boundary was fixed by Nepia ‘mo te timatamga o te reti’ – the point at Omarupapako shown on the sketch is the same as Nepia’s, the post in at Paepae is not the same – the survey line is inside the boundary fixed by Nepia – from point H to Kahikatea is on Parakaia’s land – thence to Awahou is the boundary itself –

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Know the Awahou boundary – the land outside that boundary is Parakaia’s and Paratene’s on one side, on the other it is Nepia’s and Hare Hemi’s – the boundary was to mark the land of Parakaia and the land of Hare Hemi above and below the Kahikatea – know the boundary between this land and Ngatikauhata’s land – commences at Whitirea goes towards Paepae – 4^th boundary is Manawatu river – my ‘hapu’ has no land within the boundaries – but I cultivated there – it was long ago at the time of conquest – I cultivated 2 years and ceased – ‘mutu tonu atu’ went to Rangitikei and on Manawatu to Haumiaroa on the land sold to the crown by Ihakara – I have no land at Himatangi because I became possessed of land at Rangitikei – Himatangi was left to Paratene and Parakaia and their ‘hapu’s’ – I know of no other ‘hapu’s’ besides those 3 – Ngati Rakau Ngati Te Au and Ngati Turanga before Dr. Featherston’s money was paid at Parewanui the Ngati Raukawa were for keeping the land and not selling –

Paereira Te Mahirahi – Ohau – Te Korehe – Ngati Raukawa know the land at Himatangi being investigated – know the boundary next to sea – Nepia and Parakaia fixed it – it is marked by Kahikatea – I was not present but

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Have seen the Kahikatea fixed as the ‘rohe’ – Parakaia told me that was the boundary also Hare Hemi – I know the surveyors line – it cuts off a chain of Parakaia’s land the boundary at the Kahikatea – Parakaia told me that the portion of his land cut off by the survey line would be given up by him to Hare Hemi , [Tounihi] and others – this boundary was marked before the money was paid at Parewanui – know the boundary at Te Awahou – know the boundary dividing it from Ngati Kauhata land – it commences at Whitirea and goes towards Paepae but stops short of Paepae – Manwatu is the inland boundary – the land in these boundaries belong to Ngati Turanga Ngati Rakau and Ngati Te Au – I have no land nor my ‘hapu’ from the commencement of the occupation these ‘hapu’s’ only own – have not heard that Ihakara has any land there before the payment of Dr. Featherstone’s money at Parewanui – all Ngatiraukawa and most of the chiefs were apposed to the sale of the land –

Cross examined by Mr. Fox – I am not a chief of Ngatiraukawa – a man of Ngatiraukawa – I and all the people heard – I am not a chief. Did not go to all meetings – the majority of the people and chiefs were non-sellers at the time of payment of money at Parewanui – sellers told

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Me – I live at Otaki it is perhaps about 16 miles from Himatangi – often go there – the people who live at Himatangi live along the bank of Manawatu and catch eels

Cross examined by Mr. Williams – at the payment of money at Parewanui some of the Ngati Kauhata were at Otaki some at Oroua – none of them went to Parewanui – only the sellers went – the majority of Ngati Kauhata and of Ngati Te Ihi Ihi were ‘kai pupuri’ – Paraniha Te Onepuahu and part at Otaki

Akapita Te Tewe – sworn Otaki Te Mate Awa Ngatiraukawa knows the land investigated – know the boundary on the side towards the sea – it was settled by Nepia – I did not see the putting in of the

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Posts but they were shown to me by Nepia when we went to Rangitikei – Nepia told me that it was a ‘rohe tuturu ki a Parakaia’ and the side to the sea was for Hare Hemi and himself (Nepia) know the ‘rohe pou’ now marked boundary as pointed out to me by Nepia – (shows difference by sketch)

There is a Kahikatea near the intersection of these lines – I was shown the Kahikatea from a distance did not go up to it – the south boundary was fixed when the Awahou block was sold – boundary goes from Whitirea towards Paepae – land on the

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Other side belongs to Ngati Kauhata and Ngati Te Ihi Ihi – the 4^th boundary is the rivewr of Manwatu – I believe exclusively to the 3 ‘hapu’s’ Ngati Rakau – Ngati Turanga and Ngati Te Au – I know of no other ‘hapu’ as owners

Kooro Te One – [unknown word] Know the land subject of investigation – know boundaries – my ‘hapu’ has land adjoining – the boundary is from Whitirea and thence towards Paepae – I have heard there have been disputes between our tribes and Parakaia beginning in 1834 – Whitirea is close to Manawatu river – it is a ‘pukepuke’ – don’t know the year when it was fixed but it was settled by Mr. Williams to terminate disputes between Ngati Kauhata – Ngati Te Ihi Ihi – and Ngati Turanga – it was agreed to as a ‘rohe tuturu’ from Whitirea on towards Paepae – the boundary I heard which was first talked of was from Whitirea to a Kahikatea tree – Mr. Williams had fixed but at another part of Whitirea and thence to Otupere near the sea – this was arranged by us only – it was not agreed to by Parakaia’s people

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In 1866 the boundary shown on the sketch

Was fixed – all did not consent to this – I and Te Reihana only of Ngati Kauhata agreed – in 1857 we marked off the boundary to Otupere – the 3 ‘hapu’s’ were angry and came to us – Nepia and Ihakara and other chiefs of Ngatiraukawa came in 1858 and the boundary was then fixed to be from Whitirea to Otupere – Paratene and his wife agreed to Whitirea and Otupere, but not to the intermediate[unknown word] they wanted the ‘rohe’ to go to the Kahikatea and to another point instead of going straight – we wished to have the line straight – the

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Intermediate points were left unsettled – only the points at each end were fixed – Ngapuketurua and the Kahikatea were the points not settled – after 1861 the boundary was shifted to Paepae on account of the lease to Mr. Robinson – from Paepae to Ote Atatuhi a hill and thence to Whitirea that boundary was accepted as the boundary of the lease ans was left, but the boundary of the land was from Whitirea to Otupere – in the year 1866 – Parakaia came with his surveyor – we did not go with him to arrange that boundary – he did not send us word – we heard and sent for Parakaia to come and talk with us about it that we might go together to arrange boundary – when they came to us the survey had been completed – I and Te Reihana at last consented – Ngati Kauhata now all agree to that line as a boundary – (the non-sellers I mean) – know another of the boundaries shown to me on the plan – I know south boundary – the boundary next to the queens land – know the boundary at the south end is a Kahikatea tree – between a small bush and Omarupapako bush – have been to other end of boundary and think it is not in a straight line with

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Paepae – at this end there is a ‘pou’ of Parakaia’s – as far as I know it is only a ‘pou’ put in for the purpose of survey – the land between these boundaries belong to Ngati Rakau, Ngati Turanga and Ngati Te Au – I have never seen Ihakara or Patu Kohuru in occupation – I live at Oroua – I live at Puketotara and at places on the Oroua – I am after about Himatangi – never saw Patu Kohuru living there – I was born at Otaki about 1839 – went to Oroua when young – never saw Patu Kohuru there

Court adjourned at 10.45 pm for 1 hour
Court resumed at 1.45pm

Henare Te Waiatua – sworn Oroua – Ngati Rangi of Ngatiraukawa – know the land and the boundary on the Ngati Kauhatu side – commences at Whitirea and goes thence to Otupere – this is an old boundary – the boundary now agreed to is from Whitirea to Paepae – I know the boundary settled by Mr. Williams formerly – it commenced at Whitirea thence to Ngapuketurua – it went straight to Ngapuketurua – I was present at the fixing of that boundary – Ngapuketurua is a hill – points out on plan – Mr. Williams settlement of boundary – Te Kooro disputed

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With Parakaia – know the boundary between this land and the Queens land at Te Awahou – don’t know the seaward boundary – have heard of it did not go there – I now live at Rangitikei at Taonui in the Oroua – I only heard about the seaward boundary – the land within these boundaries belongs to Ngati Te Au Ngatirakau and Ngati Turanga – never saw Patu Kohuru there
Cross examined by Mr. Fox – when the talk of the Rangitikei Manawatu block began I went to Oroua – I don’t own Himatangi – have not lived at Himatangi – am a chief

Wiriharai Te Angiangi – sworn
Know Himatangi – I have land near there – the straight boundary is the one I agreed to – I agreed to the boundary from Whitirea to Otupere – that was Nepia’s boundary long ago – Parakaia and his party all consented to this boundary – there were disputes formerly and lately there have been disputes – the boundary I now consent to is a line from Whitirea to Ngapuketurua and on to the point where Parakaia’s line divides his land from Hemi Hare’s land – I and Ngati Kauhata and Ngati Wehiwehi [on] one side and the 3 ‘hapu’s’ of Parakaia on the other –

Cross examined by court – I consented to the old boundary from Whitirea to Otupere, now consent to a straight line from Whitirea to Paepae – have seen the ‘pou’ at A don’t know if it is right or on the boundary –

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Venerable archdeacon Hadfield – sworn
I know the land the subject of investigation have been over it – I only know the boundary where it adjoins the Awahou block – don’t know the exact boundary near Puketotara – don’t know the boundary between Parakaia and Hare Hemi – the people whom I have seen occupying this land are Ta Raotea and his people the Ngati Rakau – know that he has never lived any where else since that he has never lived anywhere else since 1840 – I never saw Ihakara or Patu Kohuru and to my chief they never have occupied since I came here – I know the Rangitikei Manawatu block alleged to have been purchased – have travelled over it – I have heard Hakaraia say that he had a claim until lately – on 1^st August 1859 he told me that he had sold all his land on the other side of the Manawatu – this was said at a meeting at Moutoa about church land – when I met Nepia and the other chiefs Ihakara said – “I asked to know how much land is required because I have no land on this side of the river – it has all been sold to the government” – this is how I remember it – Ihakara had cultivated in 1834 and left it and not returned again I should say he would not have any right according to Maori custom it would be necessary to exercise acts of ownership on the title would cease –

Cross examined by Mr. Fox – I have heard that Mr. Mc Lean

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Did give Ngati Toa portion of money for lands which he purchased at Kawhia Mr. Mc Lean purchased on no principle – Whakaari and Himatangi were both talked about as lands for the church at the time of the meeting at Moutoa – nether was fixed upon – Whakaari is not near Himatangi –

By court – Himatangi was not spoken of at Moutoa meeting but it had been talked of before

Rewiti Te Kohu – sworn
Waikaura – Ngati Te Ihi Ihi – Ngatirauakawa – know Himatangi – have land near Himatangi – boundary between my land and Himatangi is from Whitirea to Paepae – all agreed – as a ‘rohe’ between Parakaia and us Ngati Te Ihi Ihi and Ngati Kauhata – when we were at Rangitikei – at the time when we occupied Tawhirehoe – after the sale of Awahou block Ihaka said “let that land be left for me” – [Oao] – that was our land – we did consent

Hamiora Kaikoiwi – bought before the court
(stated to be deaf and dumb)

Walter Buller – sworn
I do not know Hamiora Te Pakau – if he has signed the deed I have seen him – Kawana Humia is the first

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Name in the deed – the signatures first obtained were those of Ngati Apa – Wi Hara brought a party of natives to me to sign the deed and they signed – this was after the Parewanui and the payment of money and I paid money of Manawatu – I assume this native was bought by him – I did not know that he was deaf and dumb –

Henare Te Herekau – sworn
Know the land under investigation – lived there formerly – lived there about 1834 probably about 1 ½ years – I left it then and have no claim on it now – it belongs to the people who are there – I planted potatoes to get seed – don’t claim because we took possession of our own piece held ever since – I know Hamiora Te Kaikouri – he is deaf and dumb he is one of the Himatangi people – ‘tamariki’ – son of Te Pakaru – this is the only Hamiora Kaikouri I know – (points to Hamiora) I have been told that he signed the deed by Katipo Paratene and Heta and Hori and Eparaina – these except Paratene are not of the 3 ‘hapu’s’ –

Cross examined by Mr. Fox
Live at Moutoa and at Te Takapu (‘kainga tuturu’) in 1834 lived at Kirikiri in 1835 to Te Awahou and after to Te Takapu – Kakanui is the name of district – Hokianga is a ‘pa’ – I have

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A house there – don’t live there – lived there the year the Ngati Apa was ejected – I cultivated there – have not cultivated since – the year after it was sold by Ihakara and Ngati Apa – I have land at Kakanui and Hokianga now

Re examined by Mr. Williams

My present claim to land at Kakanui is from gift by Kingi Te Aho Aho to my father – Aho Aho lived there with Nepia – this was about 5 years before the blanket (Waitangi) treaty – Aho Aho left it about that time – by general consent of Ngatiraukawa the land belonged to Te Aho Aho –

By court – father and mother of Hamiora (deaf and dumb) are both dead – he has no ‘Tuakana’ – [Kirieono] Te Peri is his relative a ‘Tangata’ of his father

By Mr. Fox

He has been baptised – has not been confirmed – communicates by signs

Further hearing adjourned until tomorrow
Court adjourned at 5pm
Court resumed at 8pm

Pahianui no4 – Tamihana Te Rauparaha
Tamihana Te Rauparaha – sworn
Otaki – Ngati Toa – land surveyed by Mr. Swainson –
G.T Swainson licenced surveyor – sworn
Produced plan of claim – produced usual

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Evidence as to survey and plan – Tamihana pointed out boundaries – boundaries marked on ground – survey in accordance with rules – a portion os south boundary was disputed – Hakaraia and others are the persons who disputed – they have a claim to adjacent land – one of the cases to be heard – Pahianui no3 – Tamihana claimed the line of an old fence shown on the plan A.B.C – I proposed a line A.D shown on the plan as boundary as a compromise – Tamihana consented and Hakaraia also but Hakaraia would not pledge himself that his co claimants object to this arrangement some time after I formed that Hape Horohau had employed Mr. Knight to survey a claim which conflicts with this claim the encroachment is shown on this plan – I am informed by Tamihana that Hape has since withdrawn his opposition

Tamihana Te Rauparaha
Traces boundaries on plan – this was a cultivation of my fathers before the year of Horowhenua and we occupied it up to the year 1840, cultivating it up to 1859 when I went to Waikanae – apply for a grant in my own name – wish to have no restriction in the ground – I know

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Of Paranihia as opposing me that is she opposed the survey claiming all that land – Paranihia Whawha – what Mr. Swainson has stated about boundary is correct

Objections challenged

Natanahira Te Waro appeared as a committee claimant claims on behalf of Tuhourangi

Hakaraia Te Mate Hura – appeared to dispute south boundary – claims as boundary the fence A B and that line produced onwards to the river

Kiharoa – appeared

Same as Hakraia – disputes south boundary – claims the fence A B and on to the river as the boundary of Paranihia land –

Natanahira Te Waro –
Live at Otaki – Tuhourangi – I claim the land surveyed by Tamihana – have not seen the surveyors marks on the ground – I claim the whole of the land in Tamihana’s plan north of the boundary claimed by Hakaraia – this land belonged to Te Whatanui – he gave it to Te Tuahu his relative – it was then a ‘ngaherehere’ – he felled the bush and burnt it off and planted it with potatoes – this was before Haowhenua – it was before I came here – I came in 1843 – Te Tuahu cultivated several

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Years and then went away and returned to Tarawera he and his party – he left the land to Pene Te [Ruapuia] – don’t know how many years Te Tuahu was at Motutaua before I came here – I found Pene and Wuroa and Haimona and Eraia Te Poria Tuhui and Whiua, Onehimu Te Manuka – Matenga Te Tiaki – Pahau – Pene is of Tuhourangi and came with Te Tuahu – Ururoa is a Ngati Kikopiri – Ngatiraukawa – he occupied in virtue of Te Tuahu’s right – the others named were Ngati Tuara and other ‘hapu’s’ and these came with Te Tuahu – Pene had a house on it which I went into and Ururoa had a house – Eraia also had a house – Hakiaha was another Ngati Tuara and had a home also on this land – Tuhui had a house on Hokipera’s piece – I staid with Pene and cultivated – grew wheat and afterwards went to Port Nicholson to work on the road and was there when Rauparaha was taken – I never heard of the giving up land to Te Paraha – I cultivated there 2 years and when I left I left Pene still cultivating – when I came back from Port Nicholson I found Rauparaha cultivating a portion of the land and Ngati Tuara were also cultivating the side next Otaki on the other side – cultivating together – after his death Tamihana continued to cultivate and Tamihana [unknown word] – I

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Cultivated 2 years and was then turned off by Tamihana – I apply for a grant in the name of (sketch)

Joint owners of Pahianui no4
Given by Natanahira Te Waro –

Pene Te Rua Puia
Tamati Te Rohu
Taia
Rupuha Takioinoa
Te Akau

Cross examined by Tamihana – my statement is true – my fences are ‘pirau’ – I am not your ‘Tangata’. I cultivated this land in 1843 – the house was Pene’s, Ururoa was cultivating a portion – he married Te Wai then Te Tuahu came to look for ‘Taonga’ – we had no ‘Rangatira’ – I saw you cultivating after Rauparaha’s death – did not see you before – I saw the persons I named by me the land was Whatanui’s it was his as the other lands belong to Ngatiraukawa – Te Rauparaha was the ‘tuturutanga’

Further hearing postponed

(continued pp 351 in this book)

Court adjourned at 10pm to tomorrow

Identification