Thursday 11th December 1879
Court opened at 10 am.
Present – the same
Subdivision of Aorangi No. 1
Enereta’s claim – continued
Dr Buller asked the court if it was true that the assessor was going away on Saturday. If so, he protested against another assessor sitting on the case as a strange assessor would not be able to understand the claim and he wished his protest entered up in the minutebook.
Alexander Mcdonald – resumed
Ngati Kauwhata had agreed to a principle of subdivision. The tribe should devide itself into hapu and a portion of the estate should be shared out to them. The hapu from the original division have always exercised absolute right of dealing with the block as against any individual.
There is a small block of 50 acres awarded by Sir Donald McLean to Ngati Kauwhata. It was especially for reuniting the hapu and placing it on a piece of land as a hapu. The land is at the junction of Mangaone and Makino Streams on Rangitikei Manawatu Block. It is granted as a residence for the hapu and they built a mill the timber of which was taken from a place on the Aorangi Block especially claimed by an individual but which was over ruled by the hapu. This place is on the part claimed by Enereta.
The hapu sold 400 acres of the estate to Mr Stevens also they have leased a portion of the block. This was done quite irrespective of individual claims of persons. The lease was only signed by two persons who represented the Ngati Kauwhata hapu.
Mr McDonald as agent for the hapu admitted that Kooro’s family would be entitled to somewhat about 1000 acres according to principle laid down and that had Kooro lived he believed he would have located the family at Kohanga.
Mr McDonald xed by Dr Buller
The arrangements of which I have spoken of were antvior to and subsequent to 1873 two divisions were made. Of the hapu, four families are in one (Ngati Kauwhata) and the other of three families (Ngati Turoa) families in Ngati Kauwhata consisted of Tapa and his family, Kooro and his family. Takana Te Kawa and his family and Kereama Paoe and his family (Ngati Turoa) Hoheta Kahuhui and his family, Karehana Tauranga and his family, Hepe Te Whero and her family.
No specific portion of the original block was awarded to any of the families immediately subsequent to March 1873.
The meeting at which the division into two hapu’s took place was at Awahuri. Reupena and Kooro were present and consented. There was no subsequent arrangement as to principle of subdivision. The block as originally stood was 7256 acres and each family was to have 1000 acres and the chief was to have the extra 256 acres. All this was arranged by the persons found by the court to be entitled without a dissentment.
Kooro’s family consisted of his father Reupena Te One and an old relative Harata Kiore, himself, his wife Erina Te Kooro and their adopted child Tinotangata.
Between the times of the first hearing of the claim to the time of rehearing, there had been certain modifications. The hapu had sold 400 acres to pay survey of the subdivisions. The family divisions of the land would therefore be reduced pro rata.
They sold 800 besides this would also reduce their shares pro rata. They had leased some land which included the sale of 400 acres which was sold to J. Stephens for £800.
I received the money as agent for the hapu. None of this money was expended in the survey as originally contemplated. I expended the money in the general service of the hapu but if the court wishes I can supply a full account of the expenditure.
Dr. Buller asked that the accounts should be called for if the clients’ estate is to affected by the moneys so raised and expended.
Granted.
Mr McDonald – resumed
The land had been sold and money expended prior to the rehearing. 400 acres of the 800 were sold to James Bull for £1100 odd. The other 400 acres is not actually sold. It is in my hands for sale. My authority is from the persons now living. The £1100 was not paid to me. It was a debt due by me as agent which commenced in 1867.
It was a debt done by me as agent but I cannot state what the debt was for from memory. I can produce accounts if called upon by the court. The 400 acres which is in my hands for sale is to be sold for general purposes of the hapu. I have stated to the hapu what those purposes are but decline to state them to you, if the court wishes me to do so, I will do it.
I have had authority from the hapu since 1867, sometimes from day to day. It is a general authority with respect to the 400. I consider I have a general authority but since January 1879 I don’t think I have the authority.
Enereta never joined in the general authority. Kooro was one of the lessors to the lease to Bull excepting the modifications. I have spoken of Kooro family share should be 1000 acres.
I represent 64 of the counter claimants. I represent Maraea. I represent the living and representatives of the dead. Erina Kooro is dead. I represent her successors. Maraki Rangikaitu is dead. Te Ara Takana is his successor.
It was agreed between Dr Buller and McDonald that the whole case as regards Enereta should be reduced to the simple issue of whether, Kooro’s family should have the 1000 acres originally allotted but subject to modifications as the court should decide by evidence should such operate in reducing such area.
Agreed by both council that 1000 acres be the quantity for the original family of Te Kooro consisting of Reupena Te One, Kooro Te One, Erina Te Kooro, Harata Kiore and Tino Tangata subject to such evidence as to modification that the court may determine to affect that quantity.
Court adjourned until 2 pm.
Court resumed.
Aorangi – Subdivision – continued
Xed continued
I will not consent to give you the information as to how the £800 was spent or what the debt of 1100 odd consisted of or what the general purposes are in respect of which I was authorised to sell the other 400 acres but which has yet not been sold.
Tapa Te Wata – sworn
I live at Awahuri and belong to Ngati Kauwhata hapu.
My father was Te Wata. I know this land. My father and I dwelt on Aorangi No. 1. This new name was given on subdivision of the whole block.
The whole district was known as Aorangi. Te Whata was the head chief when the tribes lived on this land. This was before Haowhenua. After the subdivision of No. 1 was made, I dwelt with Ngati Kauwhata on this land up to the present time. I have lived on the land.
I knw Kooro Te One and Reupena was his father. Reupena did not come on the land at the same time. We arrived together but he went on to Otaki. He was an elder brother of mine.
After the adjudication at Foxton, Ngati Kauwhata lived on the land allotted to them. They had deliberations amongst themselves. After the hearing at Foxton relative to the subdivision which took place, there were two subdivisions made. One to Hoeta as representative of Ngati Turoa and one to me as representative of Ngati Kauwhata. Another subdivision was made to families by the tribe. There was no actual subdivision of the land in consequence of numerous quarrels, we heard that Aorangi No. 1 was to be reheard.
I heard about sales between those periods. I took part in a sale to Mr John Stephens. It was a sale by Ngati Kauwhata. Kooro dragged me into that sale and I consented to the sale. Reupena saw that sale and he made no objection. All Ngati Kauwhata at that time consented to the sale. I heard that 800 acres were given to Mr McDonald for sale. It was Kooro and his people who gave it. We expected to receive no money for it. It was given to McDonald for himself.
Ngati Kauwhata gave McDonald another name which is Kauata. It was given in 1863. His great friend and the one who assisted him was Kooro during his life time. I never heard of any dispute between you and Kooro. I knew of lease to Mr Bull. It was made by me, Kooro and all Ngati Kauwhata. I never heard of any objection. I heard Kooro mention about his land at Kohanga. After the lease to Bull, he proposed to locate his family at Kohanga. The reason of making all these small subdivisions on the block was because of Kooro and Kauata. The reason of the sale to Stephens was to make the survey of this block. The reason McDonald lives amongst Ngati Kauwhata is because we have appointed him our agent.
Xed by Dr Buller
Reupena and I were of equal rank. It was through my father that I had the rank and not Reupena. Ngati Kauwhata gave Kooro influence in the tribe. Kooro did not see these maps or any like them but simply gave directions for a survey and on that account 400 acres were sold for £800 to Stephens. Mr McDonald was to pay it for survey. I am not aware of the whole was paid for survey. I know some was. After this survey was stopped by Ngati Apa and Ngati Kauwhata had many things to spend the money on.
I believe some remains how, McDonald knows best. There were debts of the tribe. There were debts contracted in litigation of Rangitikei Manawatu Block. I did not see the accounts. They were debts of now sellers in Rangitikei Manawatu Purchase. There were debts due to McDonald which were contracted during the litigation. We did not intend any money to return to Ngati Kauwhata. The land was given so that he could be repaid for certain expenditure made by him. I don’t know the amount of his expenditure. There are still 400 acres remaining of the 800. There was another 800 acres given to McDonald’s wife and children as a present for their support. It was given through love.
The land is at Awahuri. I am not aware of any other land being given to him or his wife. If there are 400 acres left out of the 800 and the debts are all paid, the 400 acres would belong to him and any money received by him for it, would be placed at his disposal for the benefit of the tribe.
Xed by McDonald
The reason Kooro had acquired influence was in consequence of his connection with non sellers of Rangitikei Manawatu Block. I heard of some monies being spent in connection with quarrel between Ngati Apa and ourselves.
You were in gaol in Wellington when the 800 acres were given to your wife for her maintenance. It was in the cause of Ngati Kauwhata, you were sent to gaol. I was a seller in the Rangitikei Block. I never heard anyone challenge your dealings with the moneys of Ngati Kauwhata.
Takana Te Kawa: – Sworn
I live at Awahuri and belong to Ngati Kauwhata. I was a non seller of Rangitikei Manawatu Block. We had litigation with the sellers. At first, I did not see you take part in it. Afterwards you did.I corroborate Tapa’s statements in the beginning of his evidence. I dissent with that relative to the 400 acres sold to J. Stephens that money was spent by Ngati Kauwhata by those who went to get it themselves. It was got from McDonald. The money from Mr Bull’s lease was spent by Kauata. The rest of Tapa’s evidence is correct.
Xed by Dr Buller:
Of the money from Stephen’s purchase I received £300. £500 and £100 was received by Hoeta. My wife Te Hara got a good deal. I believe Karehana got £50. I also know Hepe got some. I suppose Kooro got some because he and McDonald were one. I don’t know if any was spent in the survey which was stopped by Ngati Apa. I gave nothing. I know nothing of the sale to Bull. I never saw any account of money’s spent over Rangitikei Manawatu litigation. Kooro was as much a chief as I am and had authority amongst his people.
Xed by McDonald:
When I received the money out of the 800, I did not know where it came from. All I know is it was given to me. I never thought you would misappropriate any of the monies and certainly don’t suspect you now nor do any of Ngati Kauwhata. I never asked for an account from you.
Xed by Assessor:
I wish Enereta to have the shares of her brother and father at Kohanga and I wish Kohanga to go to his hapu (Kooro’s). I wish Enereta to be placed in the same position as her father and brother.
Court adjourned at 4.30 pm.
