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Friday March 27th
Court sat at 10am
present same judges and assessors
Himatangi – Parakaia Ponepa and others
continued from pp 136
continued from pp 351 in this book)
case of crown as objector
Mr.Fox – addressed the court in opening case -
evidence will be that of chiefs – dates on other side misrepresented – Ngati Toa invasion 1825 – Cook Straits , Ngati Toa – Ngatiwhatua, Ngapuhi, Whanganui – Arapeta and Pikinga a girl at Oroua on Manawatu – Te Ama a Ngapuhi was killed – went to Orongorongo fight with Ngati Kahungunu at last worsted – Rauparaha returned to Rangitikei – handed over to Atahura – Arapata given as pledge of reconciliation – Rangihaeata took Pikinga – gift of Whakahuia [unknown words] – invaders returned to Kawhia and Kapiti – did not occupy – left the 3 tribes Muaupoko – Rangitane – Ngati Apa in full ‘mana’ – a year after Ngati Toa came back to Cooks Straits with wives and children – joined by Ngati Awa – fight at Taranaki – 5 chiefs of Ngati Toa killed – got to Waitotara – Pahuhu went to meet them – were received by Rauparaha – Ngati Apa invited them
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To Rangitikei – Te Awa Mate for 3 months – asked him where he wished to locate – said Kapiti – Ngati Apa came on to Manawatu quarrelled with Muaupoko – women killed – followed Rauparaha to Ohau – ‘pa’s’ at Horowhenua – Waikiekie and Waipata – Rauparaha went on to Otaki followed by Rangitane and Muaupoko – driven to Kapiti – ‘utu’ at Manawatu – period of hostilities – Te Awa Mate – Ngati Toa and Ngati Apa differ as a victory – agree as to its being the last battle – Ngatiraukawa invited by Rauparaha – two parties came – 300 first came and were slated at Whanganui – 800 with Whatanui – came by Taupo and Rangitikei – Killed Tawhiro – came to Rauparaha asked his protection – offered to fight in his wars and catch birds – he told Whatanui to go north to Rangitikei – Ngati Apa went inland and Whatanui surprised a party – who told of the Ngati Apa ‘ope’ – Whatanui – Nepia and Hukiki sent to Ngati Apa and made peace – Whatanui went back to Otaki and established himself on south side of Manawatu – Ngati Apa still residing north of Manawatu and mostly between Rangitikei and Manawatu – occupied since to present day – Himatangi and other places ‘pa’s’ of Ngati Apa down to 1830 and 1836 – some of Raukawa killed at
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Waikanae not avenged by Whatanui – 1836 to 1840 – about 1836 a large body of Ngati Awa and others came to fight Ngati Toa? Or Ngatiraukawa – killed 3 of Ngati Apa – Te Hakeke offered to join Ngatiraukawa – Ngati Toa joined invaders – fighting Ngati Apa and Ngatiraukawa made [unknown word] friends – ‘mana’ thus restored and hereafter no more fighting between Ngati Apa Ngatiraukawa and Ngati Toa – Nepia Taratoa friend of Te Hakeke went to Rangitikei – went to Te Reureu south bank of Rangitikei – Hakeke’s pa – Hakeke protected him – 2 years after Ngati Kauhata went to Oroua with permission of Ngati Apa – Rotomai – Ngati Apa did not give land – no other occupation before 1840 – date fixed by a great battle – independence of Ngati Apa in 1840 – Oahura occupied by Ngati Apa at the time of the treaty – and signatures of Ngati Apa chiefs – acts ownership by Ngati Apa and jointly with Ngatiraukawa – Ngati Apa’s [unknown word] south of Rangitikei at time of sale of block – Mr. Mc Leans reports to me – the [unknown word] – Hori Kingi’s boundaries – in 1839, Kuititanga – Matene Te Matuku of Ngati Apa then at Himatangi – left some years after – were cultivating – Ngati Rakau were at Opiki on the side of Manawatu – about 1842, Mr. Cook
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Flax trader – then Ngati Rakau crossed to Ahitane and cut flax – houses of bird catchers – houses burnt by Matenga Matuku in 1847 – Kawana humia demanded payment from Mr. Robinson and [ unknown word] and [unknown word] in Himatangi – received £10 and £14 the year after – Matenga and Kawana disputed about ownership – referred to Hakeke and decided in favour of Matenga – Rangitane have claims in Himatangi – Taraotea’s cease in 1843 – Te [Aweawe], a Rangitane chief, sent sheep away from Himtangi – 1844 of Ngatiraukawa – Ngati Rakau and Patukohuru jointly – Te Whetu and Te [Whatu] prevented interference – Te Upokoiri were living on Himatangi up to about 1848 – sold portion left rest to Rangitane – extension of boundary from Whitirea in 1866 – post seen and burnt – Parakaia’s declaration that Nepia Taraotea is joint owner of Himatangi – Dr. Featherstone’s reports
Court adjourned at 12 noon to 2pm
court resumed at 2 pm
Tamihana Te Rauparaha – sworn
live at Nga Whakangutu of Ngati Toa am son of Rauparaha who came here in 1830 – was then young – lived with my father and talked with him of affairs of the tribe – have heard my father speak of his doings – lived constantly with him – know of his exploits – at his first
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Coming here Tamati Waka was with him – some of Ngati Apa and Ngati Kahungunu were ‘mate I ai a’ – saw a ship on the sea and Waka said to him – “those are a good people, the pakeha cease your place and come here to be near the ‘pakeha’ – this is a good place – plenty of ‘pounamu’ and eels” xc – Rauparaha thought of this – he had decided in his own mind – returned peaceably along the coast, Ngati Apa, Rangitane and Muaupoko were then living quietly here – when he got to Rangitikei he bade Ngati Apa farewell saying “noho marire I to koutou wahi” Rauparaha went on to Taranaki and on to Kawhia then Tamati Waka left him and said “ go you to Kapiti and Wairarapa” Ngati Toa assembled to meet Rauparaha at Kawhia – Rauparaha proposed to them to go to Kapiti – they assented, except Ngati Koata – they objected to leave Kawhia – Rauparaha went to see Tu Korehu, a Waikato chief, proposed to him to join him in expedition – Tu Korehu declined – Rauparaha returned to Kawhia – bade farewell to Waikato chiefs – to Te Kauawa and others near Kawhia said “e noho I to tatou kainga I muri I a au” – Ngati Toa then left, about 340 men, besides women – left Kawhia – burnt houses – wept – reached Te [unknown word]
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Taranaki, Ngati Awa country – left greater portion of party there, went back with his own ‘tamariki’ about 60 to Mokau to fetch my mother and other chief women of Ngati Toa – the women were left because my mother was pregnant with me – I was born before he reached the place – then came on with the women – Rauparaha came on to Mokau and a ‘taua’ appeared – I heard there were 200 of that party – Ngati Maniapoto – women made to stand as men deceive the ‘taua’ – ‘taua’ thought it was a large party and ran away – chief of party killed, Tutakano, by Rauparaha and his women – Rauparaha returned to Te Kaweka – the party there were glad at the news – about 3 months at Te Kaweka when a large ‘ope’ of Waikato came – at Kaweka, a fight with Waikato 800 – 200 of Waikato killed – Marua and Hiakai – Rauparaha then went to Maungatautari – found Ngatiraukawa there – saw chiefs, Whatanui, Te Ao and others – invited Whatanui to join him and go to Kapiti – Whatanui treated his proposal with contempt – returned to Te Kaweka and then came on to Waitotara – on teaching Waitotara was met by Ngati Apa chiefs who greeted them – came on to Whanganui and on to Rangitikei – no fighting – on to Manawatu – Ohau there he was deceived by Muaupoko about
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A cause – he went and then there was the ‘kohuru’ – Ngati Toa then turned upon Muaupoko – Ngati Apa were the chiefs and independent, we did not turn upon them – Ngati Toa went to Kapiti and Ngati Awa ( Ngati Awa had joined us at Waitara) – the Whanganui – Ngati Apa, Muaupoko, Rangitane Ngati Kahungunu and Rangitane from other island joined to attack Rauparaha and Ngati Toa – they were afraid Rauparaha would take the country – that is why we were called ‘pakeha’ and ‘atua’ for our process – there were about 2000 of this party – tried to take Kapiti – canoes reached from Kapiti to Waikanae – large canoes – attacked us in the night – got to Waorua about 2am – scouts found us asleep and scattered – at daybreak the attack have heard that there were not more than 80 – 60 I heard – this 60 attacked and routed the 2000 – Ngati Toa chased them – that was the end of fighting – Rauparaha’s fame reached the middle island – Te Ruaone chief of (Rangitane) Wairau heard and said –“this man is very brave” – he said he would “like to crack his skull with a ‘tukituki Aruhe’” Rauparaha heard and took a ‘taua’ and slated Ruaone and his people – Rauparaha returned to Kapiti – the fame of Rauparaha reached the chief
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Of Kaikoura (Rerewaka) who said if he came there he would “rip him up with a ‘mango’s’ jaw” – Rauparaha took a ‘taua’ and attacked that party and thrashed them – I saw this battle – Rauparaha then said “these places Wairau and Kaikoura are mine” – Rerewaka was taken by Rauparaha and brought away – Rauparaha returned to Kapiti – about this time Ngatiraukawa went from Maungatautari to Heretaunga – Whatanui lived with Karaitiana on friendly terms – a ‘taua’ led by Te Waru of Tauranga came to Ahuriri attacked Ngati Kahungunu – Whatanui joined Te Waru and turned upon Ngati Kahungunu – Ngati Kahungunu turned and pitched into Ngatiraukawa – Whatanui returned to Maungatautari – he then bethought himself of Te Rauparaha’s after and regretted not having accepted it – he then came to see Rauparaha, came to Kapiti – that migration was called the ‘whirinui’ – came to Rauparaha and bowed – acknowledging error – Rauparaha said “it is well come here, the thought is with you, Rauparaha.” – Rauparaha said “if you come I must be above you” – Whatanui said “yes, quite right” – Waitohi Rauparaha’s sister, “haere mai! Oku were-were” –
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Whatanui returned to bring the tribe – reached Maungatautari – found that a section of Ngatiraukawa had gone to Whanganui that party did not behave well – they desecrated graves of Whanganui tribes – Whanganui tribes turned upon them and slated them – Rauparaha heard of this and he asked Te Rangiwhakarurua to spare Te Puku a Ngatiraukawa youth as a favour to himself – Whatanui then came with the tribe to Kapiti and went to my father, “will you do me a favour?” – Rauparaha said, “what?” – whatanui said, “by avenging the death of Ngatiraukawa who fell at Whanganui?” – Rauparaha said “yes you shall be my soldiers” – Rauparaha then asked the chiefs of Ngati Toa to assent to go to Whanganui 0 a party of them went – some went by sea in canoes and some overland – got to Putiki Wharanui – I believe there were 100 Whanganui in Putiki – Wharanui – a battle ‘pa horo’ – Rauparaha said “there is an end to my fighting at Whanganui” – that ‘ope’ Ngati Toa, Ngati Awa and some of Ngatiraukawa with Whatanui returned to Kapiti – a bug came to Kapiti a man called Cowell was on the board – Rauparaha lived peaceably with Ngati Apa – Rauparaha had conquered their lands – they
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Were in possession of their lands beyond Manawatu – Ngatiraukawa went to Manawatu – Ngati Apa ‘mana’ was greater than that of Ngatiraukawa – the Ngatiraukawa ‘mana’ was their going there by Rauparaha’s direction – Ngati Apa should join in sale – Rangitane also had ‘mana’ – don’t know anything about Muaupoko – knew Himatangi when my father went about there – I know that Te Raotea lived at Opiki on this side of Manawatu about 1840 – know Parakaia – Rauparaha after his conquests left these people in possession of their lands – Ngati Apa on this side of Rangitikei
Further hearing adjourned to tomorrow
Court adjourned at 4.30pm to 8pm
court resumed at 8pm
Pahianui no4 _ Tamihana Te Rauparaha
continued from pp 143 (continued from pp 365 in this book)
Hape Te Horohau called – did not appear
Henry Frances Eagar – sworn
(document purporting to give up claim to Pahianui signed by Hape Te Horohau put into court by Tamihana read and shown to witness) – the signature is that of Hape – it was written by me and signed by him in my presence
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The signature witnessing is mine – I read the document to him and he understood it
Putai Te Ratua – appeared and stated that he was a counter claimant to a portion of Pahianui no4 – made a statement similar to that made by Natanahira’s witnesses founding a claim on the ground of the gift of land to Te Tuahu
The court decided that it was not necessary to open this question as the evidence already before the court was sufficient
It was ordered that a certificate of the title of Tamihana Te Rauparaha to a parcel of land at Otaki containing by estimation [11-3-0] and known by the name of Pahianui no4 be made and issued to the governor if within 6months Tamihana Rauparaha shall furnish a proper survey thereof in accordance with the direction of the court for alteration of a portion of the south boundary shown on the plan produced at the investigation as indicated in the minute of reference, to the surveyor, upon the said plan –
Court to recommend no restriction plan referred to surveyor G.F. Swainson to make alteration and note on plan fess demanded – [unknown words]
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Allotments 116, 117, 118, 119, 90 and 92 Otaki
Tamihana Te Rauparaha
Tamihana Te Rauparaha – appeared
land surveyed by Mr. Knight –
Charles Godfrey Knight – L.S – sworn – have not renewed my licence – I produced plan of claim – it was made by me in 1867 – usual evidence as to survey and plan – employed by claimant – boundaries pointed out as indicated to me by Tamehana – land is part of town of Otaki – boundaries marked, as shown on the plan, are marked on groun fence not exact boundary 116 to 119 – fenced in – fences not quite correct – allots 90 and 92 are fenced on 3 sides – rules of court observed – I believe allots 90 and 92 are disputed – survey not interrupted – not aware of any dispute with reference to allots 116 to 119 witness referred to difference of survey of allots 86 and 88 made by Mr. Hughes – Mr. Hughes peg being inside Mr. Knights – but there being more than sufficient room between Mr. Knights peg and the road from the allots 86, 88
Tamihana Te Rauparaha – sworn
plan recognised by witness – I claim allots no116 to 119 these allots were assigned to me at the laying out of the town of Otaki – two were assigned to me only 117 and 119 – one (116) was given to my Pononga Haupuru who is dead – no118 was given to my ‘teina’ Piripi Te Rangi Atahu – he is alive has given to me – the house shown on the plan is mine
Objections to claim to allots 116 to 119 challenged – none appeared
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Witness proceeded
claim 92 – as given to me by Raharuhi Pururu it was assigned to him at the laying out of the town – he occupied it – he gave it to me – I have a ‘pukupuku’ of the ‘homaitanga’ – I will produce it – no90 was Te Hokinoa a relative of mine of Ngati Tuara – I bought it off him – he is at Rotorua – I gave a cow for it – Piripa saw this transaction – it was in 1857, January 5th – he occupied it up to the time of selling it to me – the document of transfer of no92 is in possession of Mr. J Knocko
John Anthony Knocko – sworn-
I reside at Otaki – clerk and interpreter to R.M – I produce the only documents in possession relating to Raharuhi’s former ownership of allot no92 – witness produced a document purporting to be a lease from Tamihana to Richard Eagar in which reference is made to a surrender by ‘Hapaki’ (Lazarus) not received – objectors to claim to no92 challenged
Rina Purur – appeared as counter claimant – claimed land as belonging to her husband objectors to claim to no90 challenged
Riria Te Akau – appeared as counter claimant claims as sister of Te Hakura the cow was a payment for horse not for land and Tamihana got the cow back –
Further hearing adjourned to Monday at 8pm
court adjourned at 10pm till tomorrow
