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Friday March 6th

Court sat at 10 am

Present – Thos – Judges – Henry Smith, J Rogan and Mr. Bertram White

Mitai and Ropata Ngarongongamate – Assessors

Taewapirau – Wi Parata and others - continued from pp 13 (pp 119 this book)

Wi Parata – Appeared – Sworn.

Live at Waikanae of Ngatitoa and Ngatiawa, half caste. This is the plan of my claim. This piece of land has been paid for before by Captain Rhodes, before the Treaty of Waitangi, before the government came here. Captain Rhodes payment was received by certain persons. The land belonged to us and some of us received Capt Rhodes payment. We consider that Capt Rhodes has had the value of his payment as he had cattle running on this land and on adjoining land not included in the sale. He had upwards of 300 head running there for 4 years and a smaller number up to 9 years.

The court decided not to proceed further with the hearing of this case as by the evidence of the applicant. It appeared that the land had been the subject of dealing with natives prior to the 14th of January 1840. Court could make no order. The possible effect of which might be to interfere with the settlement of a claim arising out of such dealing in pursuance of acts now in force for the settlement of land claims. Land Claim Settlement Act 1856 and side 78 section of Native Land Act 1865.

The court remitted the fee for investigation.

Huritini – Counter claimant challenged

Paora Pohotiraha – Sworn.

Lives at Waikawa. Ngati te ihi ihi. This land belonged to Te Rauparaha jointly and he gave it to Mokowhiti who was my cousin – the son of my mothers’ brother.

Te Whetu gave Huritini lake to Haere Wharara. Haere Wharara was my father’s sister’s son. When I came from Maungatautari, there was no one occupying. The land was Mokowhiti’s by Rauparaha’s gift. Came in the ‘heke’ that Tauri came in. He came 3 years before Horowhenua – the fighting. I came in the year of the expedition to Putiki Wharanui, in the same year as the Ngaitahu expedition. I was cultivating at Huritini motu when the expedition came back and have grown grey in occupation. I have let this land to a ‘pakeha’ as a nun. Was in occupation at the time of the building of Rangiatea. My people are still there and houses are still there. The boundary from Te Ahi a Hatana to Kahuera is a ‘rohe’ between Ngati te ihi ihi on the north and Ngatiraukawa on the south. I fixed this boundary. Rawiri Te Wanui and Rota Te Tahiwi of Ngatiraukawa assented. My ‘hapu’ are only interested – there are 100 of them. I claim all the land north of the boundary between Ngati te ihi ihi and Ngatiraukawa and oppose Parakaia’s claim to any portion of it. Horopapera lives at Te Rotorapu. He is my relative and he was there before me and occupied that place before Putiki Wharanui and after and up to the time of Mr. Hadfield’s coming here. Roera Rangiheuea lives at Manawatu and has no land here. I know nothing about Te Morere or Ngati Kapu. I only know of the ‘rohe’ which was settled between us and Ngatiraukawa which was settled last year. There was 100 of us who marked out this boundary. Parakaia was not there. He was at Wellington and when he came back he made this survey. Parakaia belongs to Ngati Ngarangi and not to either of the tribes who laid out this boundary.

Court adjourned at 1 pm.

Court resumed at 2 pm.

Paora Pohotiraha – continued

I have leased the part of the land claimed by Parakaia. I received his rent. I did not give Parakaia any of the rent. I have received rent for 5 years. I am still receiving rent for it.

Tesed by Parakaia

The money I received for rent was for my land up to Te Ahi a hataua and Huritini and Kahuera. Aporo and Kepa did receive part of the rent. They are my children. They are of Ngati te ihi ihi. They were tamariki of Haere Wharara. Aporo may have given you £1. I know nothing of it. Aporo and Kepa are not ‘hoa whawhai’ of mine and yours. I did not give you and Kiharoa £5 of the rent. Why should I? I don’t know that Rotorapu was occupied by Rangiheuea. There was no one occupying it when I came in the year of Putiki Wharanui. Rangiheuea and Wiriharai and Te Ture were not at Rotorapu. The 4 tribes (Ngati te au, Ngatituranga, Ngatiraukawa, Ngati Kapu) went to Ahuriri and when they came back, the land had been given to Moko Whiti and they merely came to collect flax. Moko Whiti and I lived at Mangapirau and at Huritini. My coming to Huritini was not a ‘whakatete’, it was a ‘whenua tuku’. Huritini lake was given to Haere Wharara by Te Whetu and the ‘whenua katoa’ to Moko Whiti. Waikawa includes this land up to Huritini and after Te Moko Whiti’s death; Te Rauparaha repeated the gift and gave the land from Waikawa to Wairongomai. The lease is the same as at the first. £20 was the rent up to last year. It was then £60 and is £60 this year. I sent my tenant away for a time and then told him to come back again and I received £20 year rent. I did go with you to Archdeacon Hadfield at your request but you had all the talk and afterwards I warned Archdeacon Hadfield not to send his sheep, although he offered me £60 a year. I did not apply to Archdeacon Hadfield for the £60 but he offered it. Archdeacon Hadfield did not say to me “let Parakaia and you come for the £60.

Te Rewiti Te Kohu – Sworn.

Waikawa. Ngati te ihi ihi. Evidence as to boundary. This boundary was ‘whaka ritea’ between Ngatiraukawa and my tribe. I know nothing of Parakaia in connection with this. This land was given by Te Rauparaha to Moko Whiti and after that Whetu gave Huritini lake to Haere Wharara. The Huritini lake is a place for getting eels and Huritini bush is a cultivation ‘tupuranga kai’. Kepa and Aporo are the nephews of Haere Wharara and to them the lake has belonged up to this time. Their father Toka ‘teina’ of Haere Wharara was drowned there in 1859. Te Mangapirau is a ‘Kainga of Paora’ and is still occupied by Ngati te ihi ihi. I don’t know anything about Ngati Kapu living at Huritini. I heard of Toka going to expel Te Morere but did not know from whence.

Tesed by Parakaia

I don’t know anything about you or your baoundary at Te Rotorapu.

By Court

I only know of the boundary finally agreed on between Ngatiraukawa and Ngati te ihi ihi. Before that we were disputing about the boundary.

Parakaia Te Pouepa – in defence

Te Whetu asked Te Kuru for a gun bought with the proceeds of Huritini’s flax. Kuru hesitated. Te Whetu then said, “I give you the ‘harakeke’ and the land”. He then asked for a ‘patiti’ and kuru offered two axes. Whetu persisted and Kuru gave the ‘patiti’. Whetu then took it and the axes too. Before that he (Kuru) gave Te Whetu gun and a ‘mako’ as an acknowledgment to his ‘ariki’. After this Te Whetu went away to Nelson and did not return. Whetu’s wife, Poki pointed out to Kuru’s wife (Kuiarangi) some ‘harakeke’ which she had ‘tukutuku’. I heard of this at the time that Toka went to eject Te Morere and Te Kuru came from Manawatu about it in 1847. I then heard about these ‘taonga’ Toka claimed as a relative of Te Whetu and Te Kuru referred to the ‘taonga’ which he had paid. Te Kuru said it is true you are related to Te Whetu but he never put you in possession of this land. At the end of the dispute Toka said, “e amuamu ana koe ki to taonga”- ‘to whenua’. This took place at Waikawa in the Ngati te ihi ihi settlement. I was present and heard Toka say to Te Kuru “to whenua”. Toka said Haere Wharara gave Te Whetu a ‘parawai’. Kuru replied “Yes, but that was only an acknowledgment to our ‘ariki’” not a payment for the land. Haere Wharara admitted that he had no right at Huritini. This was when he was invited to join the 3 tribes in getting eels there. He said, I will go to Waiwiri. He went there and did not return to Huritini.

Tesed by Kiharoa (for Paora who is deaf)

I did not give my ‘taonga’ to Te Whetu. The ‘taonga’ given was Te Kuru’s. They were given because Te Whetu asked for them as payment for his land. The ‘mako’ and gun came from Taupo and the ‘patiti’. The axes – one from Taupo and one from here. The 2nd gun from here bought with the proceeds of Huritini flax.

Hakopa Te Tehe – called by Parakaia – Sworn.

Live at Manawatu. Ngati te au. I am a cousin of Te Kuru’s, son of his father’s ‘teina’. We Ngati te au were first at Kapiti. Our ‘heke’ was Te Whatanui’s ‘heke’. We Ngati te au were received at Kapiti by Te Whetu. Toka and Aporo ma were also with us part of the ‘heke’. Toka was Ngati Kahoro. Came to Waikawa and after a time it was proposed by Te Whetu and Ngatiawa to come to Huritini to ‘haro muka’. We were invited to join. We ca,e amd Toka staid behind. Te Kuru was the party. Came to Huritini – some overland, some by sea and brought ‘purapura’. We were the only branch of Ngatiraukawa who came with Ngatiawa at this time and scraped flax. Te Whetu’s wife was a Ngatiawa, Whetu went to show the land to Te Kuru. Showed D, E, F, G, H as his boundary also the boundary on the side towards Waikawa (north) scraped flax and planted and then returned to Waikawa with the flax. Sold it and bought the gun given to Te Whetu. Spoken of by Parakaia. I saw the gift of the gun to Te Whetu. I heard Te Whetu say “let me have the gun and you take the land and the flax” A gun and ‘mako’ had been given at Kapiti before we came to Huritini at all. After he (Te Whetu) received the gun and ‘patiti’and he went to the middle island. On our arrival at Waikawa we found that Toka had gone to Kapiti. We returned to Huritini and we found Ngatiraukawa in possession of Otaki ‘tae noa ki wai wira’ beyond Ohau. We went to the same place we had occupied before. We found no one in occupation. This was before Putiki Wharanui and before Taraia’s ‘heke’. Moko Whiti came with us in the first ‘heke’ (Whatanui’s). He is not Ngati te au. He is Ngati te ihi ihi. He was not with us in the first visit to Huritini and not in the 2nd. Got flax and returned to Waikanae and bought powder with proceeds. Came to Otaki then the Whanganui expedition. Returned to Otaki and cultivated here for the first time. Went to Heretaunga. Returned to Otaki and then went a 3rd time to Huritini. We were there joined by other ‘hapu’s’ Ngatiraukawa and Ngatituranga – scraped flax. After that the expedition to Ngaitahu. This was our 3rd visit and Ngatiraukawa’s first to Huritini. Ngatituranga had gone to Te Rotorapu and scraped with reference to Te Whetu – (Rangiheuea’s party). In the year of the ‘heke’ o Tautara and Raua ki tua (a heke of Ngatiawa from Taranaki), we 3 hapus lived together at the west end of the block near the sea – scraped flax and got eels. We heard that Hiko proposed that Ngatipare who were related to him should take the Huritini lake. We then gave Ngatipare a lot of eels (on account of Te Hiko’s word). Ngatipare sent them to Te Hiko and he ceased to say more on the subject. Returned to Otaki. Then war with Ngatiawa – Haowhenua – arms, the proceeds of flax procured at Huritini. Then peace. After this Ngatiraukawa spread out over the country and went, some to Horowhenua Manawatu, Rangitikei, the 3 tribes then ceased to go to Huritini to get flax. We went to Manawatu. The year we got the eels, Paora was at Waikawa. He came the second year after we did. Did not see his cultivation at Huritini bush. Returned in the spring to Otaki – cultivated. Went to get eels at Huritini. Only the 3 tribes. The ‘take’ Whetu’s gift to Te Kuru. Ngati Kahu was whaka misled by Kuru - after the return from Manawatu. Te Kuru then left Te Morere (Ngati Kahu) in charge and we went back to Manawatu. Morere used to bring Kuru eels after this when we went to Otaki. Toka’s attempt to turn out Te Morere – Te Rawaraki went to protect Te Morere against Toka and when he found that Toka would not give away, he gave the land back to Te Kuru’s daughter and that is the ground of our return to the land. Hence our dispute with Ngati te ihi ihi. They have let the land and we have let it. We got one years rent £30 last year and then the arrangement was put an end to our account of our dispute. The line shown on the plan as the north boundary of the claim is a boundary we have fixed as the boundary between us and Ngati te ihi ihi but it is an old boundary of Te Whetu’s land. I never heard of land given to Moko Whiti.

Court adjourned at 6 pm till tomorrow.

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