Friday 7th November 1879
Court opened at 10 am.
Present – the same
Katahakuai – Petuha Korua and others
No plan – Dismissed
Totaranui – continued – a8 – r1 – p0 – W.D. 418
New claim
Piwiki Hapi – sworn
I live at Otaki and belong to Ngati Kokopiri – a hapu of Ngati Raukawa.
(Witness here wanted to be questioned by Hemi Kuti also for him to act as his agent)
I know this land. I claim through my grandfather Paraone – my mothers’ father. My mother is alive. My parents worked the trees on this land. I have received titles from this land – payment for the trees.
Objectors challenged
Nirae Taraaoka, Katarina Te Puke, Eruera Te Hiapo – Hema Te Ao as agent – No claim withdrawn.
Katarina Te Puke – sworn
I don’t object only to the portion included in Piwiki’s claim of mine and Nirae’s. I don’t understand maps but want the interpretor to go on the ground and it could be pointed out. Not granted.
I don’t know where my claim is.
I belong to Ngati Turanga – a hapu of Ngati Raukawa and live at Otaki.
I know the Totara tree. I know the Mahoe tree. I can define the land between that of Piwiki and mine. Piwiki’s portion was given to Mihipeka by Huriana – daughter of Hairewarara. I was present when the boundary was pointed out. We stood on the boundary. The Mahoe was pointed out as the boundary by Huriana. The ancient boundary between Hairewarara’s land and ours was the Mahoe and I wish our portion cut off from that of Piwiki.
The land belonged to Huriana not to Paraone. Mihipeka is the person to own Piwiki’s land. I and my father are the owners of the land between the Totara tree and the Mahoe tree. Huriana was a relation of Mihipeka.
Xed by Hemi Kuti
I don’t know the relation between Huriana and Mihipeka. Mihipeka is wife of Paraone who is dead. Mihipeka is our grandmother to Piwiki. Mihipeka or Paraone paid for this land (their portion) with cattle.
I did not see the sale but was present at the pointing out of the boundaries. I do not know that a Mahoe is a proof of Maori boundary. It is only lately the boundaries have been laid off. I have heard that Totara trees being large ones, were ancient Maori boundaries.
The boundary on the east side (that is the land) belongs to us. I don’t think it has been granted. I am sure it has not been granted. There is a fence on the east side of this land which is outside the Totara tree. It is my fence. It is not a boundary fence.
Petuha Koroua – sworn
I live at Otaki and belong to Ngati Takihiku – a hapu of Ngati Raukawa.
I know Huriana’s land and that which belongs to me. The Mahoe tree is the ancient boundary.
I was left in charge of the land between the Mahoe and the Totara by Katarina and Nirae’s side. I have cultivation’s between the Mahoe tree and the Totara which are mine. No one disturbed my occupation. Huriana did not tell me the Totara was the boundary – that portion I occupied from the time of Haowhenua at which battle I was present.
It was only lately it was given to Mihipeka. The line was cut by the Mahoe tree and I know it well. The portion belonging to Huriana and others does not extend as far as the Totara tree. I have left what I claim to Nirae and Katarina’s side. What I owned was the portion extending from the Mahoe to the Totara and thence to the fence. I uphold what I have heard that the Mahoe tree is the boundary and Huriana’s people can confirm it. Huriana gave a portion to Mihipeka not to Paraone. Huriana is dead.
Xed by Hemi Kuti
From the Mahoe to the Totara and thence to the fence was given to Nirae. It was originally mine but I returned to them.
Katarina – I am not aware of the purchase of this land by Paraone but I heard of it. I saw them point out to Mihipeka. They were pointed out by myself and Huriana. I was present at the survey but I don’t know who surveyed it. The surveyor has gone away to some other place. I have seen the boundary on the east side but have not seen Carkeek’s boundary. I have seen his line. I pointed out the line. I was asked to go to the survey by E. Waiharo (Hapi Te Horohau) but was unwell.
After the survey, I saw the lines. I did not see Te Waiharo’s departure from this place. He went to rotorua. I did not see any work done amongst the trees on the land nor any whites on the land. I have seen all the trees on the land but not those worked upon by the Europeans.
I told Piwiki not to cut his line by the Totara tree. This land was given to me prior to Haowhenua. This country belonged to Ngati Raukawa before Haowhenua.
By Court
It was Tarauotea the person who pointed out the boundary. He is dead. He died at Manawatu where he permanently dwelt. It was his kainga tutura.
I cultivated between the Mahoe and the Totara tree. It is now bush which has grown since then.
By Assessor
I had a claim to this land. I gave it up to Huriana but remained on the land afterwards with Nirae whose father had it before Haowhenua.
Counter claimants case – closed
The court then adjourned until 3.30 pm.
The middle island commissioners having arrived to take native evidence.
Court resumed at 3.40 pm.
Claimants case
Hemi Kuti stated that the claimant had no more evidence to adduce except something claimant had to say.
Piwiki
The first time I knew this land was when I was 15 years old and that time. I was told this land was sold to my grandfather Paraone by Huriana daughter of Haere and knowing this I proceeded to lease the land to certain white men for timber. No person objected to my doing so.
When Petuha attempted to put Europeans on the land, I drove them off. When three Tawa trees had been felled, I told them not to work on the land as it belonged to me. The Europeans ceased working and no Maori’s said anything. I sold 6 cords firewood to the bishop of which I appropriated. Petuha never said anything. I warned him quietly and told him the land was mine. Last year, Hapi and myself went to get the land surveyed. We and the surveyor took Petuha to see the boundary laid off by the Totara. We wished him to come but he said go on and survey the land.
By Hema Te Ao
I have cultivated this land with my own hand – that is my grandfather has. This land was given to Paraone not Mihipeka. I did not hear Waiharo asking Mihipeka to provide him with money with which to go north. Mihipeka is my grandmother, she is alive.
By Assessor
My title is derived by my grandfathers purchase and the person to whom the land belonged at the time of the sale states that the boundary was at the Totara tree. After that sale, none of the party returned to this land. The fence referred to is outside of the plan and outside of the Totara tree.
Court decided in favour of claimant.
The claimant here stated that the land had been sold Hannah Carkeek and asked that the order be made to her.
Order made in favour of Hannah Carkeek n.c alone.
Fees - £2.0.0
Topaatekaahu
New claim
Plan in course of preparation – Adjourned to future sitting
