Thursday April 16th
Court sat at 10 am.
Present – same judges (3) and assessors (2).
Himatangi – continued
Mr. Young proceeded with reading documents put in by Mr. Fox – list (A).
Walter Laury Buller – Sworn.
I was employed as clerk at the Kohimaramara Conference. The reports of the speeches were prepared by me. Report published in The Karere Maori of August 3rd 1860 No. 15 – Vol. vii. I am responsible for it.
Mr. Fox directed attention of the court to portion of speeches of Paora Tuhaere – pp 42 and 43 – and of Hemi Parai – pp 44 – relative to the treaty of Waitangi. (Passages read in Maori).
(Sketch of Himatangi – showing eel ponds on the block – put in by Mr. Fox). Witness stated that it was prepared by him, from information given by Peeti Te Aweawe and Matene Te Matuku, for the purpose of showing approximately the number and position of eel ponds referred to in the evidence for the crown.
Xd by Mr. Williams.
Asked Mr. Buller questions with reference to passages taken from a report made by him when Resident Magistrate in which he expresses certain opinions with reference to Ngatiraukawa and Ngatiapa in connection with their claims to land.
By Mr. Fox.
This was in 1863. I was not at that time employed in investigating title or in negotiations for purchase of land.
Isaac Earl Featherstone – recalled.
(Documents purporting to the copies of leases (and 1 renewal) of certain lands were shown to this witness, who stated) that he had received the whole of them from the lessors or lessees. These leases affect nearly the whole of the Rangitikei Manawatu (purchased) block. Document received subject to assent of agent for natives. These documents were given to me in connection with my stopping the payment of the rents.
Xd by Mr. Williams.
I am not quite certain whether these ….. I was a Land Purchase Commissioner when I wdent up to Rangitikei in 1864. I don’t remember the date of my appointment. I think I had been appointed some years before. I first had a letter from the minister authorizing me to purchase land while I was superintendant. I afterwards received a commission. The commission was of subsequent date to that of my visit (18 months later). The Ngatiraukawa absolutely refused to sell at Tawhirihoe in 1864. The Ngatiraukawa proposed arbitration as to the title of the land declaring at the same time that if the decision was adverse they would not abide by it. The government did not investigate the title to the land in 1864. I don’t know whether it was by permission of Ngatiraukawa, the sale of north Rangitikei but I am aware the Ngatiapa sold. I was not aware that on the occasion of the sale of north Rangitikei. The Ngatiraukawa chiefs told Mr. McLean that they would hold this side of Rangitikei for Ngatiraukawa. I produced Mr. McLean’s report which is before the court. I never saw these reports until within a few weeks since when they were given to me by Mr. Rolleston. I have read that report since I received it from Mr. Rolleston. 9 chiefs met me at Te Wharangi and consented to sale and told me that the majority of the people were disposed to sell. I forget the date. I did not hear the assent of the bulk of Ngatiraukawa. On the contrary the chiefs told me that the assent of the people was necessary to be obtained before the land could be sold. I impounded the rents at Tawhirihoe to prevent the tribes fighting. It was done with the assent of all the tribes. The rents were to be paid when the whole question of the purchase should be settled. I was to keep them as long as all the tribes assented. It will be seen by my reports that I promised to release the rents if all the tribes wished it. The governor gave the arms and ammunition referred to by Kawana Hunia as reported by me – gave to all the natives who accompanied the expedition of General Chute. I had no instructions from the minister as to the purchase of the land. My instructions were to endeavor to settle the dispute. The whole matter was put into my hands by government.
(Witness admits having received Colonel Haultains letter with names dated May 3rd 1866).
I did investigate the title as far as it could be investigated and heard the same history as has been told in this court. I investigated tribal but not individual claims. I did not investigate the claim of the ‘hapu’s’ but I was aware of the claim of ‘hapu’s – as the Ngati Kauhata and Parakaia claims. I did not ask the sellers to…… I believe I have been repeatedly at every settlement in the Rangitikei Manawatu block except Reureu up the Rangitikei. I have repeatedly ridden over Himatangi on my way from Moutoa to Puketotara. I was not aware that Ngatiraukawa were solely in occupation of that land. I knew that that was the place which Parakaia claimed. I don’t know the year when Ngatiraukawa began to cultivate at Himatangi – only what I heard in the court. I do not know the year the Ngatiapa ceased to cultivate there. I did not ask this before purchase. I had no analysis of the residents who were not willing to sell. I think there were from 40 to 50 of the residents who were dissentients. I don’t remember the precise number. I can give the court the exact number if required. Mr. Buller gave me the information. I don’t know the Ngati Rakau. I know Parakaia. I have never heard that he is a chief – heard the contrary. I don’t remember Taraotea. I may have seen him. Parakaia was not at Parewanui when the money was paid. I do not know whether Taraotea was there. Scarcely any of the dissentients were there but some of them came a few days after. I don’t know the names of all Parakaia’s co claimants. I have repeatedly met all the dissentients. I fixed the price and paid the money for Te Ahu – o – turanga block. I did not negotiate. Ngatiraukawa did not join in that sale. Rangitane sold the land – 25,000 acres. I did not hear that it was sold by permission of Ngatiraukawa. I believe Searancke was the commissioner. Stewart laid off the reserves. The negotiations were all settled before I had anything to do with it. I had only to pay the money. I don’t think I have read Searancke’s reports. There was no necessity. The survey had been completed and there was no dispute about title. The Ngatitoa’s had defeated the Ngatiapa and Rangitane and their title was admitted by Ngatiapa at the first meeting I had with them. Ngatiapa agreed that Ngatiawa should join in sale and receive part of money. All the tribes were admitted by the Ngatiapa. The land was Ngatiapa’s by inheritance. They never were dispossessed of it. Ngatiraukawa were in occupation, as I believe, by the sufferance of Ngatiapa. I have heard this from all the tribes, whom I have seen at meetings. Ihakara has often said that the land belongs to Ngatiapa. I have heard it asserted that Ngatiraukawa took slaves of Ngatiapa and have heard it denied. Some of Ngatiraukawa may have proposed a survey at Te Takapu but it was known that no surveyor could have gone on the ground. I remember it was suggested by Parakaia. Ngatiapa would have sent the surveyors off. Ngatiapa might have resisted even if government had ordered a survey. They were well armed and supplied with ammunition and their position was thus improved but it was not arms which I had given them. I had not heard that Parakaia had surveyed Himatangi before I paid the money. I heard from the government that the surveyor (Parakaia’s) had been driven off and I was requested by government to present any surveyor going on the land. I heard that Ngatiraukawa had put in posts and that they were torn up by Ngatiapa. I don’t know whether I heard this before or after the payment of the money at Parwanui. Mr. Swainson would not have been allowed to complete his survey if I had not interfered on his behalf. (Survey on south of Rangitikei). I obtained the consent of Ngatiapa to allow the survey to proceed and they gave it saying that if I had not requested it they would not have permitted it. I afterwards saw a letter of the Resident Magistrate Edwards reporting the peaceful completion of Parakaia’s survey. The north Rangitikei block from Rangitikei to Turakina is I believe from 80,000 to 100,000 acres in extent.
At the meeting at Parewanui, Hunia said if the purchase was not completed he would fight and drive the Ngatiraukawa from the land. After that I gave Hunia and Tipae £15,000 for the claim of Ngatiapa and those claiming with them. 1st the ring and then the money.
By court.
Witness put in an analysis of names of Ngatiraukawa made up to the present time showing numbers who have signed. I cannot speak of the accuracy of this analysis.
(Analysis received)
Court adjourned at 1 pm to 3 pm.
Court resumed at 3 pm.
Walter Laury Buller deposed.
I recognize the document in my hand (analysis of Ngatiruakawa names), residents, sellers and non sellers. This was prepared by me, with assistance of Horomona Toremi, Tapa Te Whata, Wi Pukepuku and Ihakara Tokomaru. The 329 sellers include women and children. Ihakara and his people are included. They live at Tawhirihoe. Ihakara and party have been living there permanently resident at Tawhirhoe. I can’t say from meory how many they are. They were living generally at Te Awahou on this side of Manawatu before the dispute. I suppose they are about 30 in number. I got the number of Parakaia’s party from the list of claimants before the court. I have never seen more than about 15 persons men and women at the Ngati Rakau settlement at Papakiri.
I could not swear that there are not 52 persons resident. The 4 chiefs named by me counted the 49 residents who have not signed. I know Kooro Te One. Nearly the whole of the residents who have signed did so before Parewanui. Those who have signed since are nearly all non resident.
(Mr. Williams objected to court receiving in evidence the leases put in by Mr. Fox)
By court.
My information was from sellers. Did not seek information from non sellers in preparation of list. The 126 include men, women and children taken from the deed. The 49 include men and women and not children.
Charles Reed – Sworn.
I am a licensed surveyor in the service of provincial government, till 6 weeks ago. I have surveyed the actual cultivations pointed out to me on the Himatangi block as actually cultivated and as having been cultivated with 30 years. The actual cultivation under crop does not exceed 20 acres. There is a portion fenced with only thistles on. The whole – about 91 acres was pointed out to me as old cultivations. I merely took their word for it. I saw no signs of cultivation except in one place. I saw a peach tree, flax and toetoe fully grown. There were from 8 to 10 habitable houses and several in ruins at Papakiri. There were none anywhere else between the line A to B and the river. The survey is only a rough sketch (tracing received).
By Mr. Williams.
I did not go over the whole block. Only the portion between the line A, B and the river. I have been over the block and never saw any other cultivation = cannot swear there were never any. There are patches of bush over the Himatangi block. There are also patches of grass in the swamp. I can not swear that, after, from 7 or 10 years, all traces of cultivations would be obliterated. I was over this block about a month since. I lost my house. I saw no sign of cultivation round the bushes. There are sheep over the block.
By Mr. Fox.
I asked the natives to show me all the cultivations and they showed me certain cultivations.
By court.
I think not more than 400 acres out of the whole block, between A, B and the river, is capable of cultivation. It is merely the river bank which is good land, 10 or 20 chains and in some places only 5 chains. Not a ¼ of the whole block outside of line could be cultivated without draining. The natives went up with me and some of the residents pointed out the cultivations. I do not speak Maori fluently. I had a Mr. Aldorf with me who understands Maori. I am satisfied that the Maori’s understood me when I requested them to point out the whole of cultivations.
Further hearing adjourned till tomorrow.
Court adjourned at 5 pm.
Court sat at 8 pm.
Present – 3 judges and Ropata Ngarongomate.
Tutangatakino No. 3 – Tiemi Rauapiri
Continued from pp 288 (from pp 639 in this book).
Nga Hora – (continued to speak truth) – (called by Tiemi Rauapiri)
Otaki. Ngatiraukawa. I know the land under investigation. Recognizes plan. I did not see survey. I have seen the surveyors’ marks. That land belonged to Marino. Marino was the father of Tiemi’s mother. He is living at Oroua. I own the land beyond this land claimed by Tiemi, on the side next to the road. I arranged the boundary with Tiemi. A portion of my land is included in his claim which hae has paid me for. He gave me a cow for it. I have been in occupation of my piece ever since before Haowhenua. Dr. Hewson’s fence, is a ‘taiep hou’. The ‘rohe tawhito is inside the doctors fence. The old boundary was a boundary between Marino’s piece and Apiahara’s piece. I never saw a cultivation of Karanama’s there. All I saw was Marino. Pekapeka (dead), Karurangi (dead). Marino gave this land to Tiemi’s mother – (Erena) Pekapeka’s piece was paid for by Erena. She paid a ‘Kohua’ for it to Pekapeka, I saw it. Pekapeka’s piece was on the east side of this claim. Erana’s house stood on the boundary between Pekapeka’s and Marino’s pieces. Paranapa had a piece also. It was between Marino’s and Apiahana’s. Paranapa sold his to the doctor. The land was given to Erana by Marino. A short time before Rauparaha’s death (1849) and she continued to occupy till her death. It had been long given to Erana when Karanama came back from Waikato. I have not seen Karanama’s ‘pou’s’ put in the other day. Marino and Tiemi’s father and mother came and lived on the land from Rangiuru before the rest of us removed from that place to come to the town.
Xd by Karanama.
I do not know of your having any land. Marino and Karurangi owned the land inside of the doctors’ fence and Paranapa the piece beyond.
It was ordered that a certificate of the title of Tiemi Rauapiri to a parcel of land at Otaki containing a3 – r3 – p13 and known as Tutangatakino No. 3 be made and issued to the governor.
Court to recommend no restrictions.
Fees to be paid by claimant.
Invest £1 Cert £1 C,Gt £1 Total £3
By counter claimant £1 – 0 – 0 pd T. H. S
Mariniawai – Hemi Kuti Te Kanawa
Hemi Kuti appeared.
Land surveyed by Mr. Hughes.
John Hughes – Sworn.
Plan produced – a6 – r0 – p30.
Evidence as usual about survey and plan. Boundaries pointed out by claimant. Employed by claimant. Boundaries as shown marked on ground. Rules of court observed. I am not aware of any dispute as to ownership. Survey was not interrupted. The portion marked as disputed was included in a survey made by me for Piripi Rangi ataahua who afterwards produced a survey of his claim by Mr. Swainson and the boundary shown in Mr. Swainson’s survey does not encroach on this claim. It is identical with the west boundary of this claim. I do not wish to apply to the court for charges.
Hemi Kuti – Sworn.
The land shown on the plan before the court is mine. It belongs to me only. This land was sold to me by Kerei Kingi Hori. He is dead. It is 10 years since I bought it. I have a receipt. It was bought by me and my ‘tuakana’ Tame Kuti. He is dead. He left a child, Ani, a girl. Tame did not make any disposal of his land before his death. We paid £5 for the land. Ani’s mother is living. I don’t know of any one who opposes my claim. As to piripi’s claim which encroaches on this plan, I saw Piripi yesterday at Manawatu and he told me that his claim had been disposed of in court and that the boundary was fixed according to Mr. Swainson’s boundary. Hema Te Ao knows that the land belonged to Kerei Kingi. I have never occupied or dealt with the land since I bought it.
Objectors challenged.
Hema Te Ao – Sworn.
I live at Ohau and Otaki. Ngatiraukawa. Recognise the land shown on the plan. It belongs ……………….. I don’t know the boundaries of the claim. I know that Kerei had land in that locality.
Further hearing adjourned till tomorrow.
(Continued at pp 671 in this book)
Court adjourned at 10 pm till tomorrow.
