Friday July 1st
Court sat at 10 am.
Present – same judge and assessors.
Mr. Monro applied to the court to give evidence as to rarking of boundaries of Tauangatutu.
(See notes of Whanganui sitting of 6 June 1870 – pp ).
Tauangatutu
Donald Hugh Monro – Sworn.
Licensed surveyor. I produce plan of Taungatutu block. Produced S. O. W – No. 67. I have been over the boundaries of this block and found the marks. I have verified some of the lines by chaining and some by taking the bearings. The boundaries as shown upon the plan before the court are distinctly marked. I know Mr. Maling’s handwriting. That is his signature attached to the map. I know that he was a licensed surveyor under the Native Land Act.
Ordered that the judge do report that it has been proved to the court that the boundaries have been distinctly marked on the ground.
Plan referred to chief judge for issue of certificate with report.
Rekereke – Tamihana Te Rauparaha
Continued from pp3 (from pp 726 this book).
Rakapa Kahoki appeared and stated that she had not visited the ground since the adjournment of hearing.
Mr. Swainson stated that having been engaged in the court he had not been able to go to.
Rakapa applied for an adjournment of hearing.
Parakaia appeared as counter claimant. Claimed same as Matene, (T Rekereke 68/900)
Ihakara Tukumaru appeared as counter claimant referred to a plan in possession of the court which showed his claim S. O. W. 175 – a8 – r1 – p13 – received. This is included in Tamihana’s survey.
On the suggestion of the judge, Tamihana applied to withdraw his claim with a view to arranging with opposing claimants.
Claim withdrawn.
Te Rekereke – Matene Te Whi whi
Adjourned case.
Continued from pp 11 (continued from pp 738 this book).
Certified plan before court – 513.
Copy of original plan 514 Hughes – a33 – r0 – p24.
Claimant Sworn.
Lives at Otaki of Ngatihuia of Ngatiraukawa. The land shown on the plan before the court is mine. I claim the ownership of this land solely. I apply for a certificate in my own name. I claim this land from occupation since 1829. The north portion was Matia’s and his wife Paranihia and his ‘hapu’ ‘ e rua hapu ki tana wahi’. Ngatiwairangi – Matia’s hapu – Ngatiwhakatere. I asked for this land and it was given to me by Te Matia and Paranihia. This was when Sir George Grey was first here. Te Rauparaha’s piece was to the south and east (shown on plan). The south portion of my claim was the portion we occupied. Rangihaeata and Topeora and Te Hakeke ‘na matou i tua, i mahi’. I represent the owners of this land. I have cultivated this land constantly to the present day and my houses are upon it now, wheat and potatoes.
Objectors challenged.
Tamihana Te Rauparaha appeared as objector on the ground that Matenes survey included land belonging to him.
Tamihana – Sworn.
I claim the land on the west side of Matenes survey. The fence on the west side of Matenes claim was put up the year we came to the town here. It was a dividing fence between me and Matene. The fence would have been taken on to the river but for the water – it was covered in floods. The land had been cultivated before Haowhenua by Ngatiwhakatere. My father did not cultivate it. It was only cultivated one year by Ngatiwhakatere who left and went to Manawatu. They did not return. I never saw anybody cultivate this land. I claim it as the continuation of Rauparaha’s piece to the river. Matene has fenced off the portion of the land which I claim. The land is now available in consequence of the change in the course of the Otaki river. It has been so about 3 years. Matene put up his fence as stated by me in consequence of my saying to him let the court decide about the portion in dispute between us.
Xd by Matene.
I never saw houses of Te Matia on the piece in dispute but I have seen them at the east end.
Matene Te Whiwhi – in defence called Paranihia.
Paranihia Whawha – Sworn.
Otaki of Ngatiwairangi. I know the land the subject of enquiry by the court. I have seen the surveyors’ pegs. The portion next to the river belonged to me to Ngatiwairangi. I and my ‘tane’ Te Matia gave it to Matene Te Whiwhi. This land was occupied by me from the 1st year of our coming here up to the year we gave it to Matia – gave this land to Matene in his lifetime and I confirmed the gift after his death about 2 or 3 years ago.
By court.
I know the fence put up recently by Matene. The houses and cultivations of Ngatiwairangi extended beyond the new fence. The land was cultivated many years ago and the gift to Matene included the land beyond the fence.
(Tamihana Rauparaha was not present during examination of this witness).
Hakaraia Matehuia – Sworn.
Lives at Otaki of Ngatiwairangi. Evidence of survey and marking boundaries Hughes surveyed. I assisted boundaries pointed out by Paranihia.
Certificate ordered in favor of Matene Te Whiwhi at Otaki a33 – r0 – p24 called Te Rekereke No. 2.
Matene expressed his wish that the grant should be restricted.
Ordered that the judge do report that it is proper to restrict alienability.
Fees from claimant Maten Te Whiwhi.
Invest £1 Cert £1 C. Gt £1 Total £3
From counter claimant Tamihana Te Rauparaha – Hearing £1.
Court adjourned at 1 pm.
Court resumed at 2 pm.
NEW CLAIMS
Ouruwhero – Te Rauangaanga
Case called – No appearance.
(Certified plan S. O. W 200 Hughes a10 – r2 – p35) put at bottom of list.
Continued at pp58 (at pp 807 in next book of this copy).
Sec 180 and 188 Otaki – Tiemi Ranapiri
Mr. Swainson appeared and produced a sketch plan of claim explaining that an error had been made in the application that the land claimed was Sec 190 and 182 of Otaki township. The description of boundaries was however sufficient to identify the land.
Tiemi Ranapiri – Sworn.
Lives at Otaki – a half caste – of Ngatitokopiko ‘hapu’ of Ngatiraukawa. The land shown on the plan sketch before the court is the land I claim – sole claimant – claim certificate in my name – claim it as having bought it of Ropata Te Ao to whom it belonged. It was bought by me in 1868 before the sitting of the Native Land Court in Raukawa. I paid £4 for it. Wished to include it in my claim of Makirikiri No. 2 but could not do so as it was not included in the application for that block. I have got a crown grant for Makirikiri No. 2 under the Native Land Act.
(Desires unrestricted grant).
Objectors challenged – None appeared.
Ropata Te Ao appeared and stated that it was true that the land claimed by Tieme had belonged to him and had been sold by him to Tiemi as stated by claimant.
George Frederick Swainson – Licensed surveyor – Sworn.
Resides at Rangitikei. Land show on sketch surveyed by me. Boundaries pointed out by Tiemi Rauapiri. Boundaries distinctly marked as shown on sketch. No interruption of survey.
Interlocutory order for certificate in favor of Tiemi Ranapiri (half caste) at Otaki 33 perches + 10 ½ perches – road = r1 – p3 ½ . Allotments Nos. 190 and 182 Otaki if proper survey furnished within 3 months.
Judge to report that it is not proper to restrict alienability but that it is proper to make grant subject to public right of way 78 links wide as hown on sketch survey.
Fees Certificate £1 C. Grant £1 Total £2
Taone o Otaki – Tiemi Ranapiri
Claimant appeared and stated that this is a duplicate application relating to same land as preceding case; disposed of.
Waerenga Nos. 4 and 5 – Tiemi Ranapiri
Mr. Swainson put in sketch survey of claim – area
Waerenga No. 4 – a3 – r1 – p22 No. 5 – a4 – r2 – p24 a8 – r0 – p6
Tiemi Ranapiri – Sworn.
Lives at Otaki – half caste. The land shown on the sketch before the court is the land I claim. The north side Waerenga No. 4 belongs to me. It is the property of my wife Riria Ranapiri. It is her wish that I should get a certificate for it in our joint names. This land was occupied by her ‘matua’s up to the time of it being given to us. Her ‘matua’ were Riwai Te Riha and Waretini. The land was theirs and they gave it to us and we are now occupying by cultivating it.
The south side is mine by purchase (Waerenga No. 5) bought it of Te Hiwi. It belonged to him. I bought it two or 3 months since. Gave him £15 for it. He is not here has gone away to Ngati Kahungungu. There is no ‘pukapuka’ but his ‘matua’ Piahana can give evidence of the transaction. He assented to it. He (Piahaua) took possession of the land on first coming here and he gave it to his son Te Hiwi. I will bring Piahaua to give evidence before the court tomorrow. He is at Pukekaraka.
Court adjourned at 4 pm.
