Tuesday April 21st
Court sat at 10 am.
Present – same judges and assessors.
Allot No. 87 Otaki – Onehumu Atu tahi
Adjourned case from last sitting.
Called Marrch 30th 1868 (see previous book ofthis copy).
Onehumu Atutahi – appeared – Sworn.
(Plan received March 30th 1868 and evidence of C.G Knight taken bide pp 167) (see pp ? of former book of this copy).
Live at Papaitonga and Otaki. Ngati Koa.
(Witness unable to identify allotment on plan from imperfect sight).
I own the allotment on which the Resident Majestrates Court House stands. This land belonged to Ngatiraukawa and is part of land set apart for a township by the chiefs of Ngatiraukawa. I was here when the township was laid out and applied to Hakaraia for this allotment and it was given to me. I fenced it in at once and built a house ‘whareparaki’. I lived there 6 years. After this the young men of Ngati KiKopiri and Ngatipare wished to build a house for a “whare hui hui’. They applied to Hukiki Te Matenga Ururoa. They asked me for my allot as a site. I assented. Two years after the house was built, I removed my house when the application was made. I moved it on to Roera’s allotment. The house which was built is a court house. It was probably built by the government. I did not ask for any rent or payment for the land. The house was built. I apply for a certificate because the government has possession of the house.
Te Kepa Ker Keri appeared as counter claimant and stated that the land originally belonged to him on the ground that Ohehumu did not occupy. Has nothing to say about the court house.
It was decided to dismiss this case on the ground that on the applicants own showing the allotment had been surrendered by him for public purposes and was appropriated to public uses as a site for a cout house. Built at government expense.
Case dismissed. No fee charged in consideration of the applicant having had to pay for survey.
Allot No. 94 Otaki – Peni Te Ruapuia
Adjourned case from last sitting.
Plan received and Mr. Knight examined March 39th 1868.
Peni Te Ruapuia appeared.
(Witness blind and therefore unable to identify allot on plan) – deposed.
Otaki. Ngatiraukawa. I claim an allot in the town of Otaki near toSchultze and the bakers shop. When the township was laid out. We were invited to select our allotments. I went to the church were the plan of the town was kept for the purpose. I selected the allot claimed by me now and went with Mr. (Tamati) Fizgerald and staked it out on the ground. I fenced it and built a house (whare Maori) and the third year built a ‘whare paraki’ and occupied it 10 years. Then Edgar came and I let him my house. I received the rent £8 per annum. He occupied it 8 years after which Schultze rented it and the 1st year the house was burnt down. Schultze built a house there and is now occupying it and paying me rent for it.
Objectors challenged.
None appeared.
Natanahira Te Waru – Sworn.
Otaki. Tuhourangi. Know the allotment claimed by Peni. Pointed out on plan as next to the allotments for which certificate was ordered in favor of Tamihana. Allots No. 90 and 92.
Pene recalled. Has no children. Wishes unrestricted grant.
Certificate ordered in favor of Peneamine Te Ruapuia for allot No. 94 town of Otaki, containing 34 perches.
Court to recommend no restriction on alienability.
Fees to be paid by claimant.
Invest £1 Cert £1 C. Gt £1 Total £3
Takapu o toiroa No. 2 – Karanama and others
Adjourned case from last sitting.
Partly heard bide pp 22 Record book.
Karanama Kapu kai out – called – did not appear
John Hughes – Land surveyor – appeared – Sworn.
Plan produced. Evidence as to survey and plan. Karanama employed me. Boundaries pointed out by him and Epiha. Boundaries as shown on plan distinctly marked on ground. Angles pegged. Rules of court observed. Survey not interrupted. A long discussion about boundaries but all agreed before the survey was made. I am not aware of any disput as to ownership.
Karanama Kapukaiotu – Sworn.
Otaki. Ngatihuia. I recognize the land shown on the plan before the court. This land is mine. It belonged to my father Tumumahue.
(Witness stated that the plan produced by Mr. Hughes does not represent his claim. That after the sitting of the last court at which Mr. Hughes was not present he procured a fresh survey by Mr. Knight and that he wishes the claim to be heard on Mr. Knights survey and as Mr. Knights plan is not forthcoming desires the case to be adjourned to a future sitting).
Hearing adjourned accordingly.
Te Waerenga No. 1 – Perenara Te Tewe
Adjourned case from last sitting.
(Plan produced by C.G Knight March 30th 1868)
Akapita Te Tewe appeared for Pernara.
Court adjourned at 1 pm.
Court resumed at 2 pm.
Te Waerenga No. 1 – continued
Akapita Te Tewe – Sworn.
Live at Otaki. Of Mateawa. Ngatiraukawa. I am the elder brother of Perenara Te Tewe. Same parents. He requested me to conduct his case. He is not able to appear. He is ill. The land claimed is that shown on the plan. I apply for a grant of this land in the names of myself and Perenara. This land belonged to Te Peina, KereKori Te Tewe (dead), Te Pukerahaki (dead), Te Kanohi (dead). Te Peina has made over his interest to us. Kerekori is our father, all the other children have made over their interest tous. There are no children of Pukerahaki. Te Kanohi left 2 children, one son and daughter who have both made over their interest to us. The persons named by me as owning the land came with Ngatiraukawa in the first and 2nd ‘hekes’ and took possession lf the land. They (Pukerahaki and Te Kanohi) marked this land as their possession before Haowhenua. Pukerahaki was killed at Haowhenua. Te Peina was an elder brother of Te Kanohi. Kerekori was a ‘tuakana’ of Te Pukerahaki. After Haowhenua they came with their relatives and felled the bush up to the boundary of Kingi aho aho’s piece. Rangiharuru the counter claimant was the wife of Te Pukerahaki who was killed at Haowhenua. My ‘matua’ cultivated this land without interruption for many years up to some time after Archdeacon Hadfield came. When some left and went to Ohau and some remained. In 1850 we returned from Ohau and resumed cultivating a portion of the land now claimed. We left it again in 1853. No one occupied it after us in 1854. We sold, a portion of our land to Ngatituara, a portion of our adjoining the present claim. In 1860 we talked of returning to cultivate again but did not carry out our intention. We had the land surveyed last year. No one interfered with us in the sale of the portion sold. It was sold for cows and the cows were delivered to me. I havesold some of these cows and others are now running wild in the bush.
Rangiharuru appeared as counter claimant. Cautioned.
Witness stated that she claimed the land which she understood to be Perenara’s claim but could not identify land on plan and had not seen surveyors marks had gone to interrupt survey – had taken away. I am of Ngati mai Otaki and live at Otaki. Pukerahaki was my former husband. I have had another husband since. I have ahusband now. I claim this land as having taken possession of it. This land was taken by Pita Te Pukroa my cousin – son of my mothers brother. He caught a Muaupoko woman (Koriri) who ransomed her life by promising her daughter AraHura as a wife to Pita and she became his wife and her land became Pita’s. Pita cultivated a portion of the land at Hamatai but not he piece claimed by Parnara. It was before Haowhenua that the land was cleared and planted. I joined them. I had children by my husband Pukerahaki. They are dead. Pita is of Ngati mai Otaki.
Xd by Akapita.
I believe this land was cultivated before Haowhenua.
Peneamine Te Koutu – Sworn.
Otaki. Ngati mai Otake – (witness failed to identify the land on the plan). I did not see the survey. I was at Porirua. I told Rangiharuru to stop the survey if any were attempted. I told her to stop survey because her piece of land was there. A piece of land which she employed persons to fell her ‘waerenga’ Te Poukaoho, Tauwhehi. These were of Te Mateawa. This was about the time of Te Kuititanga. The land was Haruru’s because she took possession of it and had it cleared. She found the food which was eaten by the persons who cut down the bush and that is her claim. The seed which was planted was also procured by Rangihururu and some were mine. She continued to live there with her husbands relatives. She staid there till the death of her children. After Wairau and before the war in the north (about 1844) and she then left and came to her ‘tunganes’ Ngati mai Otaki and has remained here since.
Rawiri Te Wanui appeared and stated to the court that having been referred to by Rangihururu in connection with her statement that the land was given to Pita by Koriri of Muaupoko. No particular piece of land was given, it was all the land. Witness also stated that it was not true that the land under investigation was cleared before Haowhenua.
The court here decided that the counter claimant had not made out any case.
No other objector appearing.
Nga Hera called by claimant – (continued to speak the truth).
Otaki. Mateawa.
(Witness recognizes the land shown in the plan).
The plan shown on the plan is Perenara’s. It was his father’s Kerikori’s. I saw him there and other of his relatives. I never saw any other ‘hapu’ or persons working there. It was taken by them when Otaki was first occupied by Ngatiraukawa.
Natanahira Te Waro – Sworn.
Of Tuhourangi. Otaki. I was shown the surveyors marks on the ground in connection with my claim “Te Waerenga West” which adjoins this claim on the west. I know the land marked out on the ground and shown on the plan. It is Perenara’s.
Akapita Te Tewe – recalled.
Eruera Te Matata who appeared as a counter claimant is dead. Before his death he arranged his dispute with Perenara and a boundary was agreed upon between them. The portion for Eruera by this arrangement is on the north of this claim of Perenara. I am aware that a portion of the road and one of the allots (No. 69) of the township is included in my plan. I am willing that these portions should be excluded. I assert on my oath that all the persons who are jointly interested in this land have made over their interests to myself and Perenara. I apply for a grant free from restrictions.
It was ordered that a certificate of the title of Akapita Te Tewe, Perenara Te Tewe to a piece of land at Otaki containing and known by the name of Te Waerenga No. 1 be made and issued to the governor. I survey furnished in 3 months.
The certificate to comprise the land shown in the plan before the court excepting that portion of allot No. 69 and portion of the road or street running along the west side of that allot now included in the claim.
Plan referred to Mr. Swainson to make alteration by excluding the portions of land above referred to.
It was ordered that the court do recommend that the grant should contain no restriction on alienability.
Fees demanded Invest £1 Cert £1 C. Gt £1 Total £3
Court adjourned at 5 pm till 8 pm.
Court resumed at 8 pm.
Present - T. H. S J R judges and same assessors.
Te Waerenga No. 2 – Eruera Te Matata
Adjourned case from last sitting.
(Plan produced by C. G Knight – March 30th 1868).
Hape Te Horohau – appeared for claimant – cautioned to speak the truth.
Live at Otaki of Kikopiri. Ngatiraukawa. I appear for Eruera Te Matata who is dead. I am his elder brother. Same father. Our mothers were sisters. Hokaka was my mother. Hinerona was his mother. Eruera had a ‘teina’ but he is dead. He left no children. I claim the interest which Eruera possessed in the land shown on the plan before the court..
(Witness identifies lands on plan).
I claim this land as having been purchased from Te Peina who owned it. It was bought some years back. After the death of Te Rauparaha, I was to pay 1 cow, 1 horse and £10. This payment was to cover the whole of this land and also that claimed by Perenara which adjoins this claim. Afterwards, I being unable to make up the price, 1 cow. Perenara arranged last year to give me a portion of the land and the west boundary of this claim was arranged between Eruera and Perenara as the boundary of the land to be given to us for the cow. The cow belonged to my mother, Hokaka. She has given her interest to me. I am now aware that this claim encroaches upon the township. Neither I nor Perenara were aware of it at the time of our arrangement. A portion of this claim is an allotment in the town of Otaki. This was not a part of the land sold to me. That allot No.79 was given to my wife, Hera ani Paraone by Nga Whenua of Ngati Whakatere. The land belonged to him before the township was laid out and was occupied by him from before the town up to the time of his giving it to my wife. I apply for two certificates. One for the town allotment in the name of myself and wife and one for the land outside in my name.
Objectors challenged.
Akara Ngahue appeared as an objector stating that a portion of his allotment (No. 75) was included in the plan of Eruera’s claim. I was not aware till the survey that a portion of my allotment was included. This allot was given to me at the laying out of the township and I have occupied ever since.
Akapita Te Tewe – Sworn.
I was the claimant in the last case of the land adjoining this claim. I know the land shown on the plan before the court. It belonged to Te Peina formerly. It now belongs to Eruera (dead) and Hape Te Horohau. It was sold to Eruera by Te Peina. I was witness to the sale. We drove the cows including the one paid for this. The boundaries on the north and west were arranged by Eruera and Perenara in Eruera’s lifetime. I know that the land belongs to Hape Te Horohau. I do not know anything about the quarter acre allot adjoining the land bought by Eruera of Te Peina.
It was ordered that a certificate of the title of Hape Te Horohau to a piece of land at Otake containing and known by the name of Te Waerenga No. 2 be made and issued to the governor. If survey furnished in 3 months. The certificate to comprise only the land shown on the plan which is outside the boundary of the town allotments.
It was ordered that a certificate of the title of Hape Te Horohau and Hera Ani Rangiwahawaha to a piece of land at Otaki containing and known as allot No. 79 in the town of Otaki be made and issued to the governor if survey furnished in 3 months.
The land to be comprised in the certificate to be that contained in the said allot as originally laid off.
Court to recommend no restriction in either grant.
Plan referred to surveyor to make alterations required to satisfy the order of the court to make the back line of the township allotments the boundary of the block Te Waerenga No. 2 and to lay off the proper boundaries of the allotment No. 79 according to the original plan of the township.
Plan of Te Waerenga No. 2 and allot No. 79 handed to Hape Horohau.
Fees demanded Invest £1 2 Cert £2 2 C. Gts £2 Total £5
