Saturday 24th September
At Rawiri Wainui’s house
Present – E. W. Puckey Esquire Judge W. M. Hikaro – Assessor
Titokitoki
Rawiri Wanui – sworn
I know the land shown on the plan. I know the boundaries. Those are correct. I don’t thinik Rikihana’s boundaries agree those. I don’t think those are Rikihana’s boundaries.
My land is on the south west of this and adjoining it. We agreed to straighten our common boundary.
Petuha’s piece is the S. E part of this land. That on the N. E comes to the end of the sp--- and that on the plan is shown thence over Maika’s land.
I was not at the survey by Alzdorf.
Maika’s boundary leaves the corner of the hill to a pond thence to a brier bush where the old boundary was. Maika’s land has been taken with this land by Rikihana. A Rata tree stands outside the N. W boundary line. It has no bearing on the boundaries of this piece. It is in my land.
Te Awamate
Rawiri Wanui – sworn
I don’t know the name Awamate. I know that land shown on the plan. It is part of Takapu o Te Korohiko Block.
Karaitiana Te Whakaupa, Te Pinia-i-Rangiriri – father of Hoani Taipua is the owner of this piece. Kerei Te Puke had never any right or title to this piece. He sold it by stealth to Henare Taratoa.
At the Court House
Present – the same
Titokitoki
Rawiri Wanui’s evidence was read and translated.
Hoani Taipua as agent for Harata Takarore addressed the court.
Mr Caclean then replied.
Court said it would reserve judgment until Tuesday next.
80 Ngarara – 5212
Claim of the governor to define interest – acquired
Jas Booth said – I appear for the governor. I have an authority – I call Mr Carkeek.
Xed by Mr Booth
Morgan Carkeek – sworn
I recognize the land defined by this plan.
The part claimed by the crown – no boundary – a line commencing at a point on the N. W at boundary of the block in a line with the two stations – Pukeatua and Kapakapanui through those stations and in a straight line to the south western boundary of the whole Ngarara Block.
The portion to the S. E of that line is that claimed by the crown.
I have calculated the area of the part claimed by the crown to be 15,500 acres.
Wiremu Parata Stubbs – affirmed
My name is Wiremu Parata Waipunahau. I am of Ngati Awa. I live at Waikanae.
I know the part of the land shown on the map claimed for the crown.
I am one of the persons to whom it was awarded originally. There are another 53 owners who were registered as owners with me in the court. I have seen the list of their names. It is correct. We have sold the part before described to the crown.
I see these deeds. They are the conveyance of that piece and signed by us. That is my signature to the deed and is my consent for myself and tribe to convey the aforesaid part to the crown. Deed produced.
Mr Booth said
The plan described on deed shows more land than is conveyed or we ask an order for. We have agreed to the boundaries as before minuted. Some of the registered owners have not signed this deed.
W. Parata said
There are 4 registered owners who have not signed the deed. The triangular piece cut off on the S. W of the block from the part of the block as described in the deed has been taken to satisfy their claims. All the owners have agreed to the sale of this part containing 15,500 acres by estimation to the crown.
It appears to the court that Her Majesty has acquired an absolute estate of inheritance in the piece of land before described part of the said Ngarara Block and the court doth hereby declare that the same is the property of Her Majesty.
Fees charged
Hearing - £1.0.0 Order - £1.0.0 Total - £2.0.0
Ngarara West
Ordered also that the names of the owners originally registered under Section 17 of the Native Land Act of 1867 be entered in the register as owners according to Native Custom of the balance of the block and that a certificate of their title be issued in presidence of the Act.
Mr Booth said
I have a further claim on behalf of the crown and on land lying to the N. E of this block. The N. E boundary is the boundary of the piece – refer to call Mr Carkeek.
Mr Carkeek – on former oath
The N. E boundary of this block starting from the coast appears to differ from the plan on which original order of court was made.
The plan then produced appears to have been that known as the fiddle string map.
The boundary of the Ngawhakangutu No. 1 Block as certificated falls within the approved plan of Ngarara by 14 links.
I believe the certificate has issued for Ngawhakangutu No. 1.
I reported the matter to the C. Surveyor for the provincial district. I have his reply at my office to the effect that it could be amended by consent of the court. The rest of the lines are correct.
I fixed the stations by which we have determined the boundary lines.
Mr Booth said
The further claiming before referred to is for a piece of land near the mouth of the Waikanae River said to contain 2 or 3 acres – on behalf of the crown. The arrangement to purchase it was made in 1847. Letter – Durie to Strang 8/8/47 – copy of letter read.
I am not aware that a conveyance was made. I am prepared to stall that barracks and other building were erected on the piece and that major Durie had command of the military stations there.
Mr Hadfield (bishop) was then living at Waikanae. His premises formed one boundary of this piece. I have copies of statements of person who prefers to have been familiar with the transaction.
Memorandum by Major Heaphy dated April 18,80 – read. I call
Wiremu Parata Waipunaahau – affirmed
I know the part of the Ngarara Block now claimed by you on behalf of the crown.
I rememver Major Durie living in a house on the Waikanae River and also the police barracks there. Mr Hadfield’s and Major Duries houses were near together. Durie’s house was fenced but not the barracks.
I cannot find that place now because it has been carried away by the river. It has all gone.
James Coote – sworn
I am a half caste living at Otaki.
I know the ferry site at Waikanae. I saw a house there which had been built by Major Durie. The site of that house has not been washed away by the river.
I know the fence around Hadfield’s. There were between 2 and 3 acres within Durie’s fence. The old house was standing there about 8 years ago. A new house occupied by Field is now there.
I should think there are 2 acres of that land left. The police station has been washed away.
Mr Booth said
I have no deed nor any further evidence to produce.
Dismissed
Court adjourned until 10 am on Monday.
