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133-144

Tuesday May 13th 1873

Waikanae

Place – the same Present – the same

Iwitekai

Peeti Te Aweawe – recalled

Said – I have a list of the names of those which should appear in the crown grant – list read.

Iwitekai B – A Native Reserve

Hemi Warena asked for a certificate for a portion measuring about 53 acres and 3 quarters.

Court decided to order a certificate under section 17 Act 1867 to Hemi Warena and Wata Tohu and the other names in lists handed in to be registered.

Ordered that a certificate of the title of

Hemi Warena and Waata Tohu

be made and issued to the parties when a proper survey is furnished and that the names of the following persons be registered under section 17 Act 1867 Hemi Warena, Waata Tohu, Hemara Te Whetu, Heremaia Mahuri, Ahenata Tamaru, Hanatia Te Whare, Merehira Pehi, Rora Ngaone, Waitere Kakiroa, Rota Moea, Watere Taiore and Rai Kahu.

Fees charged

Hearing £1 Certificate £1 Total £2.0.0

Iwitekai A

Ordered that a certificate of the title of

Peeti Te Aweawe, Huru Te Hiaro, Ereni Te Aweawe, Hanita Te Aweawe, Raki Whata Peeti, Poitete Taringa

Be made and issued to the governor when the said parties shall furnish a proper survey thereof a Native Reserve.

Fees charged

Hearing £1 Certificate £1 C. Grant £1 Total £3.0.0

Pukehou

Hema Te Ao – recalled

Some of Ngatiraukawa people were engaged by Mitchell to assist in the erection of this station. These were labourers and paid. James Ransfield and others were the people. All the men employed by Mr. Mitchell were in the capacity of labourers. If this work had been at the instigation of natives only, I should have prevented it. I would not have allowed the station to be put up. I would have cut it down. These people have no right to the land from Pukehou to the mountain. I mean Ngati Kapu have no right there. They never took part in driving away the original occupants of the land.

I cannot point out Otipua on the plan. Otipua is a swampy piece of land. I cannot fix the boundaries of Ngati Kapu’s land.

I admit that Taikau belongs to Eru Tahitangata but it does not extend to Pukehou. Eru Tahitangata’s occupation is of a recent date. When he arrived, the land had been subdivided by our fathers. Eru Tahitangata was a slave of Ngati Kahungunu’s. He puts up his claim in consequence of a purchase from Hoani Pokai. I do not know when Eru Tahitangata came here.

James Ransfield

You said Otipua is your boundary? I said the old.

Where is your boundary now? I have divided it. (Boundary pointed out).

That is your boundary? Yes.

Why have you shifted your boundary? In consequence of the sale by Hoani Pokai and Wiremu’s.

Do Ngati Pare and Ngati Kauwhata object to Ngati Kapu’s ----- grounds at Pukehou? Renao has stated that is a matter of arrangement. Ngati Kauwhata gave Ngati Kapu leave.

Is it not only within a late period that Ngati Kauwhata and Ngati Pare objected to Ngati Kapu’s right to all this land? Yes. Only lately since the survey.

Do Ngatipare and Ngatikauhata cultivate this land now? Yes, at Pukehou and Paruana where Ngatipare cultivate.

Why was not Pukehou included in the land given to Ropata Hurumutu? It was a matter of arrangement that Ropata’s land should not extend to Pukehou.

Where does Matiu belong? I can’t say.

You said Akatohe and Heta were but to look after this land. Why did they not interfere with Ngati Kapu? These people knew a portion of the land had been sold to Ngati Kapu. The inland portion was never given to Ngati Kapu.

Xed by Hoani Taipua

Had I known this boundary should extend to the mountain, I would have objected to it.

Xed by the court

I remember the cows given by Hoani Pokai. He is a Ngati Tehoru and conceded to Ngati Kapu. Renao and Te Oha had these cattle. These last two are Ngati Kauwhata.

James Mitchell said

I am a trigonometrically surveyor in employ of Prov. Govt. Wellington and engaged in the Manawatu district. The try work is for the general government. About 10 months ago, I came to Otaki to commence this survey for it necessary to put up a station at Pukehou.

There was a deal of talk that the stations I ---- would be destroyed. I made enquiries as to ownership with reference to explaining to the owners the natives of a station – that it had nothing to do with individual rights or tribal boundaries. I was led to believe that Eru Tahitangata was one of the principal persons sent a messenger to explain purposes of station. James Ransfield was the manager.

After my man had been employed some time falling bush a letter was sent to the government by Ropata Te Ao demanding £40 compensation for distruction of timber on Pukehou. I ---- the letter and returned it to the government. Afterwards I received a letter signed by Ropata Te Ao and 2 others. It is now at Otaki. They asked for £15 – threatening of refused they would smash up the station. I replied by letter produced by Hema – that is it. I went to explain that the station gave no claim to the land but for survey purposes only. Eru told me he was annoyed at the interference and said he should put it up himself rather than that it should not go up. It was put up and it is still standing.

James Ransfield

Eru Tahitangata pointed out several tries – other people did too – which had been cut for catching birds. I cut them down because they intercepted the view. I saw a tree which was pointed out as a boundary tree and which I cut down – position pointed out.

Eru said that was the boundary which he could not pass to kill birds.

Hoani Taipua

I saw that tree. Eru told me it was a boundary tree. I paid those who ---- in the erection of this station. Eru told me this tree was the boundary between himself and Hema and Ropata Te Ao - the land belonging to Hema and Ropata and the north to Eru.

Court adjourned for 15 minutes.

At 12 o’clock the court resumed.

Te Kooro Te One – sworn

I am a Ngatikauhata and live at Oroua.

I claim the land under investigation. The first migration Te Heke Whirinui. Some of Ngati Kauwhata remained at Kapiti. The greater portion returned to Taupo and Maungatautari and Pukekura.

Tamaihararui was a chief of the middle island. Raupara employed a schooner went along the coast. Entrapped Tamaiharanui on board, cooked him in the ships coppers (see History of N.Z).

The names of the persons who remained Noa Tata, Te Horo, Te Ihurangi and their wives, Te Ao father of Hema belonging to Ngati Pare. Te Ao was a chief and came down with the Ngati Awa migration. Ngati Whakatere had arrived shortly before this. Ngati Pare’s war party was at Manawatu. Te Puke accompanied Te Ao to Kapiti. Te Ao remained and Puke returned to Maungatautari. Puke and Te Ao are brothers. Te Puke brought another war party known as Kariritahi and they decided to remain here on account of the goodness of the land.

The great migration arrived at Kapiti. They came over to the main land at Otaki. They arrived at the ---- of the Tamaiharanui. On arrival they lived in large numbers at Otaki. They commenced to cultivate at that period. After they had been living there they went inland to mark off boundaries. After they had settled down they built a pa. Ngati Kapu went to Pukekaraka - that was the land they divided Ngati Kauwhata. Te Puke went to Waitohu. Te Puke took a wife from Ngati Kauwhata that was why he lived there.

Te Ao was living with his people Ngati Pare. This land was then subdivided from Manuao to Paruauku and Totara. Te Oha took possession of the eel weirs on the Totara Stream. Paiaka was the name of one of these eel weirs. Whanake was another. Cutting up them extended to Paruauku – going inland Te Oha saw footmarks. Ngati Kapu had no part in this cutting up. These footmarks were Muaupoko people. Te Oha alone saw them. In the evening Te Oha told Ngati Kauwhata what he had seen.

A number of people went out in the morning but did not see them. Ngatipare and Ngatikauhata (about 20) that went out. They tracked these footmarks to Pukehou where was the village of Rangihorehuri. They attacked the village. Rangihorehiri ran away and they caught 2 women and a child. Te Oha shot a woman and wounded her – named Te Uku. They were brought away and made slaves of. That time they discovered places on this mountain to obtain food – bird waters also.

Court adjourned for an hour.

At 2 pm the court resumed.

Wairarapa

Hape Te Horohau handed in a list of names in whose favor he asked for a certificate of title – list and boundaries read.

Maramakopai

Te Runga Tarahekeheke handed in a list of names in whose favor he asked for a certificate of title list and boundaries read.

Whakapaimarama

Rawiri Wanui handed in list of names in whose favor he asked for a certificate of title – list and boundaries read.

Pukehou

Kooro Te One – recalled

That woman was brought out of the bush to Mangapouri. Te Puke killed one of the women and the child. Rangihaeata heard of this that the woman Uku was in capturity – a captive of N.

Rangihaeata then sent his wife for this woman. These hapu’s settled down towards the sea at Mangapouri scraping flax. Shortly after this they sent a war party to Whanganui – returned from Whanganui and occupied Waitohu and Ngatotara – cultivated there – remained permanently. They scraped flax and cultivated the land. Ngatikauhata had houses within the block under investigation at Ngatotara by the side of Paruauku also near the swamp. Paruauku was named by Te Puke. Not an ancient name of original owners. People who lived in these houses referred to by me and others scraped flax. Tawaka is the name of the other place. They also caught eels in the stream there and also at other places. Persons also went to the hills to catch birds to Pukehou. Ngati Kauwhata’s residence near Pukehou was for a ------ period – persons were buried there. Their kainga Waitohu is outside the boundary.

At that period Ngati Kapu had no cultivations on this land only lately. They had a right to cultivate and after the purchase – the boundary went from Totara to Pukehou and then turned to Pukehou at the base and turned up the mountain. This was a boundary between Ngatikapu and Ngatikauhata. The swamp was the boundary.

Ngatikapu cultivated the other side of Otipua. They did not reach Pukehou. The cultivation of section of Ngatikapu at Pikiwahine was of recent date.

The boundaries of the land now cultivated by Ngatikapu are the same as those when they purchased the land. I do not intend to interfere with the boundaries of the land which I admit but I dispute that portion on the mountain side of a line from Pukehou to Otipua. At that time Ngatikapu had no right to the mountains. It is only lately that I heard they had any claim and laid down a boundary. Before Haowhenua, Ngati Kauwhata went (some of them) to Oroua to see their portions divided to them at the time of the migration. They returned to Haowhenua and cultivated the same places that I have stated. The greater portion of Ngati Kauwhata were luring these.

After Haowhenua, part of Ngatikauhata went to Oroua – 50 of them remained – lived there for a long time. Their occupation was never interfered with by any hapu or tribe. I do not refer to Te Puke and his party, they were living on the land. These 50 persons protected their rights of Ngatikauhata – Kuititanga some of them died – killed in the fight. That section at Oroua fought at Kuititanga – about 10 were killed. They enjoyed their portions according to previous allotment.

After the Kuititanga, the Christian ministers arrived. They did not remain at Oroua because Otaki was the place where the missionaries were. They went to and fro to Otaki and Oroua – to Otaki to pray and to this land to cultivate.

At that period it was not heard that Ngatikapu and Ngati Tehoru had any claims there. The persons that I have commemorated died there – the 50 persons. Their descendants are alive.

In the year 1845, my uncle lived there. He is dead. In 1848, he went back to Oroua. In 1845, I lived at Otaki. He was in the habit then of frequenting portions of this land and did not see any other hapu’s on it. Then a number of Ngati Kauwhata were alive – about 80 perhaps 100 – altogether men, women and children.

When I went to school at Otaki, I went with Renao and Te Oha to cultivate portions of this land. I lived at Otaki until 1857. I went to Oroua and I have lived there ever since. Renao Moutere and Erena and their children and the persons now living on the land – I do not know whether they are living within the boundary or outside – people have set up rights lately through going simply to catch birds. I do not object to Rikihana’s claim. He is in occupation.

I saw the sale of the land to Hoani Pokai. I do not dispute that sale, it is correct. The sale was affected at Piritaha in Otaki town. I accompanied the assessor and interpreter when they went to see those boundaries.

I pointed out Rikihana’s piece and our claims. Ransfield stated at that of all the land there was Ngati Kapu’s. Rikihana’s land is planted in orchard – portion in grass with part fern. We heard of Wi Piti and Te Rau having claims here at Otipua. Wi Piti’s name is on it. Ransfield objected to Rikihana and all these people.

Xed by James Ransfield

You said at Tamaiharanui, lived at Otaki at Haowhenua, which was first? Tamaiharanui was.

You said eel weirs at Ngatotara were Te Oha’s? I did. Those eel weirs were given to Enoka previous to Haowhenua and Enoka was a Ngati Kapu.

You said Pukekaraka was the only plan of Ngati Kapu? I did.

Whose is the land within the boundaries showdn on the map now? I do not know. I claim a part of it.

You sai Ngati Kauwhata had houses at Ngatotara, are they standing now? No.

You said you had cultivations within the boundaries? Yes, at Ngatotara.

Were there 50 Ngatikauhata’s remaining in possession of this land? Yes. They occupied at Waitohu, Manuao and Pukehou. Waitohu and Manuao are outside, Pukehou within.

Have Ngati Kauwhata cultivations at Pukehou now? No. They were of a previous date. At the time I was at school at Otaki.

Did you see the cutting up of this land?

Have Ngati Kapu cultivations within the plan? I saw cultivations at Kopureherehe at Piritaha and Waitawa. Eru’s they are.

Have Renao and Te Oha cultivated within this block? Yes. They had rights of snaring birds there. Yours is the only food cultivation the others are simply for bird catching.

Mr. Wardell applied for leave to appear as government agent in the stead of Mr. Sinclair.

Court adjourned until 10 am tomorrow.

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