Saturday July 6th 1867
The court resumed sitting at 10.30 am
Present – same judge and assessors.
Waiariki – Wi Paiaka and others - continued
Wiremu Paiaka – appeared – produced tracing of map showing claim - sworn
Mr. Hughes surveyed the land. I do not know when the land was surveyed. Te Roera pointed out the boundaries to the surveyor. I have seen the pegs since the survey. There are six of them.
The land belonged to my father Te Ahu Karamu. He had a house there and cultivated it. When the 'pa' Rangiuru was deserted the houses on this piece were left and the people came to live in the township here. I have cultivated this land for several years since I grew up. It is perhaps 10 years since Icultivated there. Roera is my 'tuakana' also a son of Te Ahu Karamu. Henare is his son. Hone is a 'teina' of mine and Roera's. Whareiaia owned a part of the land at the west end. He was a cousin of Te Ahu Karamu. They lived together on that piece. Hone is Whareiaia's son. These are the only representatives of Te Ahu Karamu and Whareiaia.
Tamihana Te Rauparqaha will support my claim. He knows it. I do not know of any opposing claimant to the land. I apply for a grant in the names of myself and the three named in my application. I wish the grant to contain a restriction on alienability. The other proposed grantees also wish this.
Tamihana Te Rauparaha - sworn
I know Wi Paiaka and his brother Hukiki's children. They have lived at Waiariki. I ko not know whether it has been surveyed. I know the boundaries of their claim. I believe the sketch shows the boundaries correctly. They claim through their 'matua' Te Ahu Karamu (Hukiki) and they have cultivated and occupied the land.
Roera Hukiki appeared and objected to the restriction on alienability.
Wi Paiaka appeared and urged that the restriction should be put in for the sake of the children of Hone - stated that they had not any other land in Otaki.
Henare Roera - appeared - is a minor
Would rather not have the restriction - stated that there are 6 children younger than himself.
The court ordered a certificate in favor of Roera Hukiki, Wiremu Paiaka, Henare Roera, Hoani Whareiaia for the land claimed estimated to contain 8 acres, 1 road if a proper survey be furnished within 3 months.
The judge to recommend restriction on alienability as in V clause of Act of 1866
Fees demanded
Invest £1 Explan £1 Cert £1 Total £3 Fees paid £3.0.0 July 6th T. H. S
Peka Peka - Winia
Winia Huiputea - appeared
Stated that the land claimed was at Waikanae. A little on this side of Ohau.
Applied for an adjournment of hearing, no survey having been made - believes that there are opposing claimants. Intends to procure a survey immediately.
Told to inform opposing claimants of survey. Hearing adjourned to a future sitting of the court.
The court proceeded with the hearing of claim of Matene Te Whiwhi to
Town Sections at Otaki
Te Koroneho recalled for X examination by Manahi - sworn
I went to Enoka at the instance of Matene. I told Enoka I had come from Matene for your 1/4 acre (kari) to be given to him. Enoka said "etika ana ma Matene e mahi taua kari". There were other occasions when Enoka expressed himself to the same effect to me and Arapata. Only I and Enoka were present at the first interview. This was when he came to the commissioner. He said I was to carry out Matene's wish and occupy the kari. Arapata Hauturu heard it. On the 3rd occasion it was at Matene's house. The same thing was said by Enoka. Arapata was there. Enoka included both sections in his gift to Matene up to the road. He considered them his own. He told me to occupy the whole as he did not consider any one else had a claim. I did cultivate. Enoka said that it was only after he had fenced in the lots that Apiata came and occupied and built his house. Enoka's wife was present at the first interview when I went to him from Matene to ask for the 'kari'. There was no one else.
Xed by Court
Apiata's house was broken down before. I went to ask Enoka for the lot. I asked him for both and he gave both. Enoka was alive when the fence was put up and the house built. Enoka died 2 years after the fence and 'whare' was finished.
Manahi never came to interfere with me while I was fencing it nor at all during my occupation. Matene is occupying the house I built.
By Parakaia
Enoka did not merely give the permission to occupy but gave the land outrights. I herd that Manahi complained but he never came to me.
Arapata Hauturu - sworn
Stated that he knew Enoka - was present when he and Matene talked about the two lots. Enoka claimed both. I heard him give the pieces to Matene. He claimed both on the ground that Apiata came after his fence was up. Apiata was a relative of Enoka. Apiata died on the other side of the river. The house was Apiata's only. He left one child. I saw only Apiata living there. I did not see Manahi.
Xed by Manahi
I never saw you in occupation of the lot 61. I saw Apiata and Enoka but not you.
By Parakaia - I never saw Manahi there.
By Ihaia - heard nothing of any claim after death of Enoka.
Court adjourned at 1 pm for 1 hour.
Resumed at 2.30 pm.
Moihi Humu - sworn
I am a son of Enoka Te Pueha.
I know the quarter acre allot in the township occupied by my father. It was occupied by both of us. I do not know to whom the land belongs. Enoka had 2 quarter acre lots. I believe that Matene is in occupation of these pieces (points out the two allotments on the sketch of township).
Tauteka - Matene's wife offered to buy these pieces. The fence is hers and the house. Tauteka asked if I was willing to sell my interest and I said no. I think that these two lots belong to me. Enoka - when he was near death said that he had given the land to Te Koroneho - 'hei mahinga kai maua'. I was angry with my father about this. Manahi also was angry and had words with Enoka about his giving the land to Koroneho.
Enoka always stipulated to have two lots before the survey of the township. Two were allotted to him and when he set to work to fence them in he got Apiata who was Manahi's brother to help him and allowed him to occupy one of the allotments. Enoka gave the allotment to Apiata 'out and out;.
Enoka was the son of the 'tuakana' and Apiata and Manahi of the 'teina' but it was Enoka who arranged the matter. He had the two allotments. Manahi was angry because Enoka gave up the land of his 'teina' Apiata.
Xd by Manahi
It is true that Enoka put Apiata on the land. I saw it. Enoka applied to the runanga for two pieces. Tamihana and Rawiri knew of the application.
By court
When I spoke to my father about having given the land to Koroneho he said it was only for a 'mahinga kai'.
Tamihana Te Rauparaha - sworn
I recollect the apportionment of the 1/4 acre lots. Enoka asked for two but it was understood that one was to be for himself and one for some of Ngatihuia.
Tauteka
I am Matene's wife. I know Moiho - the son of Enoka. I remember I offered to pay him for the two lots thinking they were his. I was 'pohehe'. I supposed they were his.
By Parakaia
It was merely my own idea. Matene never said anything to me about it. I fancied he might claim the land and offered to pay him.
Charles Godfrey Knight - recalled
With reference to my former evidence, I have to statethat the fence now standing as the boundary is outside the proper division line common to the two tiers of allotments. The proper boundary at the north west corner should be 8 links to the east of the dividing fence and the boundary is as shown on the map by the red line.
Matene - gave evidence as to propriety of placingrestriction in grant.
The court ordered a certificate in favor of Matene Te Whiwhi for allotments No. 62, 63, 64. 65. 66. 67. 68 in the township of Otaki if a proper survey be furnished in 3 months.
The grant to contain no restriction.
Mr. Knight directed to furnish a proper plan within 3 months.
Fees demanded
Investigation £1 Explan £1 Certificate £1 Total £3 - to be charged T. H. S
The court adjourned at 5 pm to Monday July 8th at 10 am.
