More Info →28 February 1868

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Thursday February 28^th

Court sat at 10 am. Present – same judge and assessors.

Allots 89 – 91 and 93 Otaki continued.

Hoani Hemorangi – counter clamant – called, did not appear.

Hoani Taipua – called, did not appear. Continued pp112 this book.

Rangitikei Manawatu Cases

Mr. Hart appeared to make application, with permission of the court today instead of tomorrow. Mr. Williams has been served with a notice of appearance an hour since and is now in court as schedule prepared to meet it. He asks for an adjournment for 1 month for the reason stated in Mr. Buller’s affidavit, and in the hope that the case will be brought in a more complete state than they can be now. Commissioner will give every facility for hearing cases wishing that the investigation may be complete. We have heard that there would be difficulty in bringing witnesses repeatedly. Witnesses are anxious to go into it but not to have to come so many times in succession. Court will see that it will be inconvenient to bring on these cases one after the other. There would be no end.

Mr. Williams – Government fixed the court at Otaki. This is the third time the counsel for the crown has been here to throw obstacles in the way. The Gazette notices show that the government with that there should be an investigation. I don’t know anything about the commission. The lands are said to be those of the crown. It refers to Mr. Buller’s affidavit. It was brought forward in support of application for adjournment to Rangitikei. Mr. Hart referred to affidavit in support of present application. Witnesses “not willing to come to Otaki”. Yesterday Mr. Buller told the R

Some of the claims are being surveyed. The (page 109) . The court has fixed the sitting. The claimants and witnesses are here and if the court say’s they are to go back they will do so.

Mr. Hart in reply.

The court adjourned for an hour to consider application for adjournment.

Court resumed at 1 pm.

Decision of the court given (A).

(A)

Rangitikei Manawatu Cases

Decision on application of crown for adjournment for 1 month.

Court has considered application of counsel for the crown for adjournment of Rangitikei Manawatu cases for one month.

A principal reason urged by Mr. Hart in support of this application is that it would be convenient that other claims to land in the Rangitikei Manawatu block which he anticipates may be made and which he assumes will be referred to the court should be investigated together with these. We do not think that this argument can be allowed to influence our decision in dealing with the appreciation before the court. The question as to the time and mode in which claims affecting the Rangitikei Manawatu block should be referred to the court appears to us to be one for the consideration of the governor in the exercise of his discretion as to the reference and that it is not one which the court can properly be called upon to consider. Certain claims have been referred to the court by the governor in the exercise of his discretion and it appears to us that it is the duty of the court to proceed with the investigation of these claims without reference to any extraneous question. It has to deal with the referred claims upon their own merits and sort with reference to others which may or may not come before it.

In refusing the application for adjournment to Rangitikei the court intimated that it contemplated the possible necessity of a short adjournment to afford time for bringing up witnesses. The boundaries of the claim not having been properly defined in the notice of hearing. The claims having now been clearly defined by the claimants. The court is of opinion that justice will be done to all parties by reflecting the adjournment applied for a month but in order to afford the crown time to procure attendance of necessary witnesses. The Rangitikei Manawatu Cases will not be called on for hearing until Wednesday the 11^th of March. 12 days hence.

Application for adjournment for 1 month refused but the cases Rangitikei Manawatu not to be called till Wednesday March the 11^th to afford time for production of witnesses on behalf of the crown.

Court adjourned at 1 pm for an hour.

Court resumed at 2 pm.

Allotments Otaki 2A – 1R – 37P - Hoani Taipua

Continued pp6 (from pp 105 this book)

Tonihi appeared and stated that he had arranged with Hoani Taipua and withdrew his opposition and admitted that the land now belonged to Hoani Taipua. Objectors challenged. None appeared.

Hoani Taipua stated that he wished the grant to be without restrictions. He has plenty of other land.

It was ordered that a certificate of the title of Hoani and 2 others as in (A) (see pp 96 of this book), containing 2a – 1r – 37p be made and issued to the governor.

Court to recommend no restrictions.

Fees demanded £3 – 10 – 0 usual

Invest £1 Explau 10/- Cert £1 Grant £1

Allots 89 – 91 and 93

Continued (from pp 108 this book)

Hoani Hemorangi appeared as counter claimant.

Named witnesses to be examined.

Kauana Hunia (called by Hoani Hemorangi). Sworn. What Hoani said about this land belonging to his ancestor is right. His ancestor and matua had houses on this land. The tribe of Matene Te Whiwhi – Ngatitoa and Ngatiawa ‘Whakaati’ – us, and we went to Horowhenua and they to Kapiti. The land between Horowhenua and Kapiti remained as disputed ground between us. We went to Horowhenua but our thoughts still rested on this land. Whatanui – a chief of Ngatiraukawa and his followers came here from Maungatautari. He had heard that we were fighting with Ngatitoa and Ngatiawa. On his arrival, he said to the Ngatiapa, Rangitane and Muaupoko that he had come in peace. Rangihaeata said “I also am a man of peace” (that he was friendly with Ngatiapa) “but I shall fight with Rangitane and Muaupoko”. Whatanui said ”No”, “cease fighting with Muaupoko”. “I shall noho tonu with Taiwhenua Tanguru Taueki, Mahuri, Te Weta”, (these were the Muaupoko and Rangitane chiefs). Whatanui’s ‘pa’ was Rangiuru at the mouth of Otaki and the chiefs named used to go backwards and forwards. He stayed in his ‘pa’ as an “aria” for Ngatitoa and Ngatiawa to prevent ‘raruraru’. Afterwards, Te Puoho of Ngatitama became friendly with these chiefs. These people were enticed by Puoho to go to Waikanae and were there murdered by Ngatitoa and Ngatiawa. From that time “Katahi ka wareware ki tona one one”. For this land belonged to these people. Rangitane and Muaupoko owned the land between Manawatu and Wairaka. Tanguru was the only chief who escaped and his thoughts were ‘mamae’ about his land. There are persons now living and present in court who represent the other chiefs. The murder was before the government came here.

Texed by Hoani.

I was not born when Matene Te Whiwhi took the land. Ngatiraukawa were here at the time of the Treaty of Waitangi.

Case for counter claimant closed.

Hoani Taipua – in defence – names witnesses to be examined by the court.

Parakaia Te Pouepa (called by Hoani Taipua). Sworn.

I know this piece of land. It is a portion of Otaki Township which was laid off by a surveyor. That land then belonged to Ngatiraukawa. Otaki belongs to Ngatiraukawa only. When I came from Maungatautari it belonged to and was occupied by Ngatitoa. Long before the Treaty of Waitangi, it belonged to Ngatitoa and Ngatiawa. Neither Rangitane nor Muaupoko were here. They were staying in the bush in Manawatu and Horowhenua in fear. Ngatiraukawa heard of Te Rauparaha’s successes and came from Maungatautari and Taupo. They came to Rangitikei and found some of Ngatiapa and killed them. They went on to Kapiti and saw Rauparaha there, returned bearing invitations from Rauparaha to come here. A second party came and found Ngatiawa in possession of the country from Horowhenua up to Otaki. They found Ngatitoa at Kapiti at war with Ngatitama and they joined Ngatitoa and Te Kaurapa and Pehitake chiefs of Ngatitama were killed. They returned to Maungatautari. After this the main body came. This was in 1830. Came, by way of Turakina. Found Ngatiapa there and took some of them slaves. Came on here, some by the beach, and some inland. Between Rangitikei and Oroua found Ngatiapa again and killed some of them and made slaves of others. Came on to Manawatu and found Rangitane and killed some and took some as slaves. Went on to Otaki. Ngatiawa had left. Possibly on leaving of our coming. They were collected at Waikanae. Went to Kapiti. After staying a time, we were told to come here and occupy and prepare flax. Also because Warakihi of Muaupoko, murderer of Te Poa, was still alive, he wished us to be avenged. We came and occupied Kukutauaki first, on this side of Waikanae and the country up to Waiwiri beyond Ohau, then went and attacked.

Rangitane – a ‘pa horo’ at Ohotuiti on the Manawatu (north side), they proceeded to divide the land. Returned and Rauparaha said he wanted to destroy Muaupoko. Whatanui did not respond wishing the fighting to cease. Rauparaha was sad and Ngatitoa undertook the work of destruction. Went without Ngatiraukawa’s knowledge excepting Ururoa and Aperahama Te Ruru. They met at Papaitonga near Ohau – ‘pa horo’. Returned and Whatanui was angry with Rauparaha. After this peace was made and the slaves were sent back and before the year was out the ‘Kohuru’ spoken of by Kawana Hunia at Waikanae took place. It was a plot of Ngatitama’s not of Ngatitoa’s and after this Kawana Hunia’s father came to Kapiti and made friends and afterthis the Ngatiapa and the other tribes they never had any “utu” for these losses. After this (in 1831) Ngatiapa joined me in an expedition to Whanganui to avenge the murder of Ngatiraukawa by Whanganui. We had a ‘parekura’ and a ‘pa horo’ – Putikiwharanui. After this the Ngatiraukawa released the slaves taken by them went back and their masters went with them in some cases and occupied the lands of their slaves. Ngatipapa and Ngatiraukawa occupied both sides of Rangitikei. When the 3 tribes came to Otaki, it was only as visitors. They had no possessions here. The town of Otaki was made by the Ngatiraukawa chiefs. None of the other tribes were consulted nor were any of the allotments set apart for any of them.

Texed by Hoani Hemorangi.

I was your ‘hoa kakari i riro ai te whenua’. I do not know you in connection with this land. I was not beaten by you or who was the ‘tupapaku’

Hoani Hemorangi – addressed the court.

Hoani Taipua – addressed the court

George Frederick Swainson – sworn.

Usual evidence as to survey and plan. Employed by applicant and boundaries were pointed out by him. Occupied by applicant. Boundaries are those of the township allotment. No claim.

The court decided that the counter claimant had not made out any claim of.

Hoani Taipua stated that if a certificate was granted in his favor he wished the land to be restricted.

It was ordered that a certificate of title of Hoani Taipua and two others as in (B) (pp 106 this book) at Otaki containing R2 – P18 and called allotments 89 – 91 and 93 be made and issued to the governor.

The court to recommend restriction on alienability.

Fees demanded £3 – 10 usual

Court adjourned at 5 pm till tomorrow.

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