Monday March 2nd
Court sat at 10 am.
Present – same judges and assessors.
Makirikiri – Henare Te Waiatua
Continued from pp 3 (from pp 99 in this book)
Henare Te Waiatua – Claimant – Called – Did not appear.
Hemi Kuti – Counter claimant – appeared and produced witness.
Tereturu Kahoe – Witness (called by Hemi Kuti) – Sworn.
Live at Otaki. Ngatiraukawa. Recognises land in plan. I did not see the survey but afterwards saw the surveyors’ pegs; pulled up all he could find and threw them into the river. I did so because it was my land. I sold it to Hemi Kuti and it is now his. I came from Maungatautari. Rauparahas’ land. Went to Kapiti. In a year came here. Cultivated first year at Maringiauai and 2nd year at Makirikiri. (The land claimed). I cultivated the piece claimed by Henare Te Waiatua. It was only cultivated for 1 year and then ‘Ka ara a Haowhenua’. War with Ngatiawa arose and we left it. After the fight was over we returned and I again cultivated my piece. Henare Te Waiatua’s party were not then here. They were at Rotorua. Had not come here. After this, the ‘heke’ of my ‘matua’ Te Ihu waka came from Maungatautari. Te Ihu waka came to me and lived with me. He was a relative. We remained for some years and after this the ‘heke’ of Te Tawhiti and Te Ahi came. This was the coming of Henar’s party. Henare was an infant then. He found me and Te Ihu Waka in occupation. I should not have consulted Te Ahi about selling. Matines piece was quite distinct from mine. On the other side of the path. I have sold my claim to Hemi and received the payment and the land is now his.
Hona Taupo Sworn.
Otaki. Ngatiraukawa. I did not see survey of land or surveyors marks. I have a piece of land in the Makirikiri next to Tereturu’s piece. I know the boundaries of Tereturus. I know that Henare Te Hopo claims that piece. Heard it had been surveyed. I and Tereturu came from Maungatautari together. Tereturu took his piece and I mine. His piece was his claim. Matine was not a joint owner. He had his own piece. Whaka ahunga also.
Tereturu – recalled
The black line drawn on the plan represents a boundary which was laid off by Henare to divide off the piece they claimed from my claim. The north portion to be for me (for the payment I had received from Hemi Kuti). I went to Porirua and left Te Ahi and Piripi and Te Ihu Waka in occupation. I was absent 3 years. On return, I found land deserted. After a time again cultivated food and sowed wheat. I was not interfered with by claimants. Next year I planted potatoes and was not interfered with. After this planted 3rd year. After this I sowed wheat. About 5 years ago we received £1 from Riria for ‘uauas’ and about 2 years, I sold the land to Hemi Kuti for £15. The first time claimants asserted their claim.
Case for counter claimants – closed.
Court adjourned at 1 pm for 1 hour.
Court resumed at 2 pm.
Makirikiri – continued
Piripi Te Hura – witness in defence – Sworn.
Otaki. Ngatiraukawa. Knows land shown on plan. The land belonged to Tereturu. He came first after came Henare’s ‘matua’. Matine, Teretur and Te whaka ahunga gave their lands to Te Wai atua. Henare’s father. I heard it from Te Wai atua. Matine and Te Whaka ahunga are dead. Their pieces are Henare’s. Te Wai atua occupied this land of Tereturu’s. After Wai atua left and went to Waikawa, Te Ari (my father) and I occupied it up to the time of the laying out of the town. When Tereturu came back from Porirua, I had ceased to occupy. I had crossed the river sometime after he cultivated. The reason I did not eject him was I did not hear him say he intended to take it. He was a relative of mine. I, afterwards heard he had sold it to Riwai Te Ahu. I went to him and asked if he had sold to Riwai. He said, “I don’t know, but go and ask him and if he claims, ask him for some money” fencing. I went to Riwai and he said “It is not bought”. 2 years ago I went to Tereturu and said “I want to take the land”. He said, “No but le (reti) it”. I proposed to divide it between us. Sold. When he sold the land, he offered me a part of the money £5 of the £15. I refused and afterwards divided the land. He came and took up the pegs of the boundary line. I then surveyed the land and applied to the court. He threatened me.
Case for defendant – closed.
The court decided that the counter claimant had defeated the claim of the applicant and the court would not order a certificate in favor of the letter.
Piripi Te Hura stated that he had paid for the survey.
It was ordered that a certificate of the title of Hemi Kuti to a piece of land at Otaki containing a1 – r3 – p0 and known by the name of Makirikiri be made and issued to the governor.
Court to recommend no restriction in the grant.
It was ordered that the whole cost of the survey be paid by Hemi Kuti – (£2.0.0 stated by Mr. Knight).
Fees Invest £1 Explan 10/- Cert £1 C.G £1 Total £3 – 10 – 0
Tekihana i Otaki – Roera Te Ahu Karamu
Roera appeared. These are allots Nos. 86 and 88 in the town of Otaki. Surveyed by Mr. Hughes.
John Hughes – Sworn.
Licensed Surveyor. Produced plan. Made plan and survey. Boundaries fenced. Employed by Roera. He pointed out boundaries. I believe it corresponds with plan of township. No interruption. Not aware of any dispute. Rules of court observed. No claim for cost of survey.
Counter claimants challenged – none appeared.
Roera Te Ahu Karamu – Sworn.
Otaki. Ngatiraukawa. I claim as having occupied from the commencement of the township. These allotments were given to my ‘tuakana’, Te Tahuri, son of Te Whatanui, had No. 86 and 88 was given to Te Hana, his younger brother. Tauteka, their mother was sister to my father Te Ahu.
It is many years since they died. They left no children. I have occupied since they left it to me. Spoke about it when living. The houses on the land were built by me. That is by my tenants. I let the land to Europeans who occupy and are to leave the houses as payment.
Parkaia Te Pouepa – Sworn.
Otaki. Ngatiraukawa. Knows the allotments they belonged to Te Tahuri and Te Hana and they left them to Te Roera. He, Te Roera is the person to succeed to the lands.
Roera – recalled.
Wished to have grant without restrictions.
It was ordered that a certificate of the title of Roera Te Ahu Karamu to a piece of land containing r1 – p29 known as allots Nos. 86 and 88 Otaki be made and issued to the governor.
Court to recommend no restriction on alienability.
Fees demanded. Invest £1 Explan 10/- Cert £1 C.Gt £1 Total £3 – 10 – 0
Tewhakahoki a tapano No.1 – Roera Te Ahu
Roera appeared.
Land surveyed by Mr. Hughes.
J Hughes – Licensed surveyor – Sworn.
Surveyed land and made plan. Employed by Roera. He pointed out boundaries. Survey not interrupted. Not aware of any dispute as to ownership. Boundaries marked and rules observed. Mr. Knight informs me that the land on the north side of this survey had been surveyed by him previous to my survey. I did not find any of his marks. I have no claim for survey.
Objectors challenged – did not appear.
Roera Te Ahu Karamu – Sworn.
Claims land as occupied by his father Te Ahu Karamu from the time of his coming from Maungatautari. He brought it into cultivation. He is dead. I and Wiremu Pa iaka are his only children. Hoani Whare ia ia is a child of my mother’s sister. I have cultivated the land since up to the time of its being surveyed. Planted potatoes there last year.
Witness names grantees (C).
(C)
Te Whakahoki a tapango No. 1
Grantees proposed by Roera.
· Roera Te Ahu Karamu
· Wiremu Pai aka
· Hoani Whare ia ia
· Rutu Whare ia ia
Adopted by Court.
Hoani and Rutu are the children of my mother’s half brother Whare ia ia. I wish to leave unrestricted grant.
Court adjourned at 5.30 pm till tomorrow.
