Friday 17th April 1874
Place – the same Present – the same
New writer – most of his writing unreadable – (same transcriber – doing my best to transcribe this sitting)
Moroati Kiharoa appeared for an order in favor of himself for a --- --- Wairarapa called Waiotauru application refund.
Kapiti
Claims read
Wi Parata applied that the hearing of the Kapiti --- be heard at Waikanae that he had not put in a claim for his particular portion of Kapiti.
Hemi Kuti h.c opposed the application of Wi Parata and requested that the Kapiti claims be heard at Otaki.
Tamihana Rauparaha opposed Wi Parata’s application owing to the --- of Hoani Okoro.
Matene Te Whiwhi stated they (himself and party) were the parties who asked for Kapiti to be heard and wished the claims heard at Otaki.
Ropata Hurumutu supported Wi Parata’s application.
Hemi Kuti stated that he was an applicant and that if the majority of Ngati Toa were in favor of Parata’s application, he would withdraw his objection.
The court stated the Kapiti claim would be c---- today at Otaki and if it was ---- to adjourn to Waikanae the court would do so.
Tamihana Te Rauparaha applied that Hoani Taipua be allowed to act as spokesman on the part of himself and party.
Application granted.
Matene Te Whiwhi applied that his land granted to him by the court called Ngawhakangutu No. 1 be made in alienable vide written application attended to proper.
Application granted.
Kaiwharawhara (Kapiti)
Hemi Kuti h.c – sworn
I live at Otaki.
My mother belonged to Ngati Toa and Ngati Raukawa.
I know the land shown on the plan produced before the court. I claim that land. It is mine through my mother. I claim this land together with my mother – Waitaora Te Kanawa.
I call Matene Te Whiwhi and Wi Parata and ----- to prove my claim.
My mother inherited this land through my uncle – Te Rakaherea. When Te Poa was killed, Te Rauparaha and my mother went to Kapiti – were in a canoe belonging to Ngati Toa. They landed at Pouatakarehe near to Kaiwhara and at once commenced to pick wild cabbage from that time.
The claim was made ------ to her. At that time no person was living on the land claimed by me.
Afterwards, Te Rakaherea returned onto the main land to Waikanae. Te Rakaherea returned to Kapiti. His hapu followed him. Te Rakaherea was a chief of Ngati Tera hapu of Ngati Toa. He and his hapu remained permanently on this land up to the time Ngati Raukawa arrived. When they cleared the land, it was then that portions of Ngati Raukawa cropped over and returned again to the main land and left Ngati Toa in possession.
Ngati Toa then divided; some of them went to the other side of the strait. Rauparaha and Te Rakaherea went to Porirua together with some of his hapu and ----- and some remained.
On the land in question, Te Rakaherea joined Te Rangihaeata in his fight against the pakeha and afterwards lived at Poroutawhao.Te Rakaherea was taken away on board a ship.
The Porirua land sale took place, Te Rauparaha and Rangihaeata died at Porotawhao. Te Rangiraraku Te Poa – sister of Te Rakaherea left Porirua and lived at Otaki. At the time ---- lived at Kapiti and other pakeha. Rakaherea left, Rangiraraku his sister was left. Rangiraraku heard that Re Reinga had let the land I now claim to Brown, she objected and experred Brown.
After this, Kingi let it to Brown. When Kingi died Paeroraku took possession. My ancestor was consenting party to the land of Brown because she shared in the money.
Rangiraraku then took possession owing to the death of Pairaraku.
After this, my mother let the land which is nearly twenty years ago and is now let by her to Brown.
The southern ----- boundary of this claim was laid off by or and Wi Parata, myself and Matene laid off the boundary on the N.W, which is called Manawahineau.
Objectors challenged.
Henare Te Herkau stated he claimed a portion of the land now under investigation.
Henare Herekau – sworn
I claim part of the land shown within the boundary on the map. It is partly on one side and partly on the other. Our hapu Ngati Whakatere, came shortly after Ngati Toa and before Ngati Raukawa. Ngati Toa were from ----- Kapiti and nearly ----.
When we arrived, we were six years on Kapiti. When Ngati Raukawa arrived, we lived at Waiorua, Ngati Pourora, and Ngati Pihiahi went on to the land in farther and occupied it - Ngati Toa also. They lived there by consent of Te Rakaherea. He took them there and cultivated there, cleared the bush. This was in 1820. They – our hapu – built a pa called Tiwharariki on the land in question. The burial ground for the dead is on the south side of said pa. Our hapu also cultivated there up to 1840. In that year, my ancestor died and was buried in the burial ground. I have many of my hapu buried there.
At this time, Te Rakaherea had gone to Porirua and we were alone there.
In 1840 we---- --- by Bishop Hadfield came. In 1846 we were still on Kapiti, the teacher all came on to the main. Matene was one.
The church at Waikanae and that at Otaki also one at Pukerua were erected. It was then that our hapu left Kapiti so as to be near to the churches but we continued to visit our kainga on Kapiti.
We left Hori and Epiha behind. In 1840 we all left. In 1850 everybody left. When we left, we did not leave our land to any but retained our right to it. While we were on the land, no one objected to us.
X questioned by H. Kuti
Who is Kapiti now? Ngati Toa’s and Ngati Whakatere and the tribes who occupied them.
When you went to Kapiti who did you find on the land? Ngati Terara. We went there to live on the island then war fighting on the main land. We went to join our relatives.
Who is letting the land? I know nothing about it.
Te Watihi – sworn
I belong to Ngati Whakatere.
I know the land but did not know the commencement of this case.
If the boundary goes through the pa, it is wrong. All I know is the land Tiwharariki and that is mine. I admit Te Rakaherea.
We – Ngati Terara went on to the land. I went on to the land through Hanga. Hanga was a relative of mine, died then was blown up by powder.
I cultivated the land and then left and went to Waiorua. ---- ---- her land everything. When the hapu ceased occupation, they did not leave the land. I retained my hold on it. No one disputed my right to occupy. I have dead buried there. Tiwharaw--- was a fighting pa.
X questioned by Kuti
Who occupied Kapiti up to this time? In old times it was Ngati Toa. Afterwards, I did at the time of the second migration. At the present time, Kapiti is Ngati toa’s and mine also.
Who lets the land now? Wi Parata – to you – let any portion of Kapiti. I claim my burial ground. I don’t let it.
Did Ngati Toa give you all Kapiti? No. Parts of it. It was given to me by Tungia. This particular piece was given to me by Whanga, who is Ngati Raukawa.
How did Whanga get it? When he came in the first migration.
Wi Parata – sworn
I and Hemi Kuti marked off the southern boundary of this land.
This land Kaiwharawhara, 375 acres. Hemi Kuti and his party and I will state ---- I know during a period of many years I am 38 years of age. At the time of Te Kuititanga, I knew who was living at Kapiti. This was in 1839. At that time very few persons went on Kapiti. I did not hear of Ngati Whakatere. We lived at Motungarara close to the land now claimed by Kuti. The hapu at Motungarara was at Pauatakarehe within the boundary of the land were living.
The hapu of claimant, Ngati Tera on the other side of the boundary the people of Te Rauparaha were living. I heard that the land was let to a pakeha. The first lease was that of Matene and Tamihana’s. I never heard the lease of this land disputed.
After the death of Pairara, I heard from the pakeha who was letting the land that Kuti and his mother had taken the land. When Tamihana went to survey his claim, Kuti went to lay his off. When Ngati Toa heard of this, we all came from Porirua to fix the boundaries on Kapiti. Firstly, we laid off Wharekahu Tamihana’s, on the south end, then we fixed the southern boundary of the claimants portion, myself and Kuti laid it off. There was a dispute – we arranged it.
Court adjourned for one hour.
Wi Parata
I have a claim to the land adjoining.
After the boundary was arranged with Kuti, we came to arrange about Rangatira outside this block. After laid boundary was settled I never heard anyone dispute it up to the time of the Waikanae court. I did not object but I wished that the claims to Kapiti. He heard of one over the whole island.
Re: Henare Herekau’s objection
I have to say, during the time of my knowledge with respect to this land, I kow nothing or heard of him ---- to Haowhenua. I heard from our old man that wharemauku and Mataihuka were given to Ngati Whakatere.
This land, Kapiti, belongs to Ngati toa who came from Kawhia. Ngati Whakatere came from Maungatautari. They, Ngati Whakatere, came with the Ngati Tama migration. It was not at the time of ----- that Kapiti was abandoned. It was prior to Haowhenua by the people named by Henare. At the time of embracing ----- Ngati Whakatere had left. This place, Kapiti, was a place of refuge. The cultivations named by Henare were only used by them during the time they lived on the island and not as permanent place of abode.
In 1849, Henare and all his people had left and were occupying the main land. At the Foxton court it was stated that Ngati Raukawa had no right to the islands.
X questioned by Henare
Can you recollect when you were five years old? Yes.
Did you go over all the land when you were five years old? I went round it in a canoe and on a horse also.
Who had authority over this land? Ngati Toa had.
At this time, is it Ngati toa who have right on this land? Yes.
Did you not hear that Ngati Whakatere lived on the land? They did. I did not see.
Matene Te Whiwhi – sworn
I know the land now under investigation.
I have heard Hemi Kuti’s statement in the court this morning. I and Kuti laid off the north boundary of this claim. That boundary is right. There is no dispute about it. This land is Ngati Tera’s. It is a large hapu. The chief of that hapu were Te Rakaherea, Te Kanawa. They had the authority over that land.
I have heard Henare Herekau’s statement, ---- the same or the claim of many others which are dead (nil). There were a number of hapu who came with Ngati Awa. The major part went back from Ohau. The hapu’s who lived at Kapiti were Manakopihi,Hine----, Ngati Matunga. They afterwards left and went to Wellington. Other hapu remained amongst them were Ngati Whakatere.
When Ngati Raukawa left Kapiti – Ngati Whakatere left also and lived at Whareuouku. At the time of Haowhenua fight, Ngati Whakatere left Whareauku and went to Manawatu and remained there up to this day. At the time of the court at Waikanae, He---- made an application relative to Whareauku. His claim was disputed and he ---- to prove it ---- ---- had proved his claim there be ---- perhaps have a ---- claim to Kapiti. After Kapiti was used or a peace ---- --- ---- the tribes. Ngati Toa alone remained.
The court stated at this stage of the proceedings that sufficient evidence was placed before it so as to enable it to give a judgment and would give judgment at 10 am tomorrow.
After giving judgment in this case it would take the claim of Matene Te Whiwhi.
Court adjourned until 10 am tomorrow.
