279-290
Thursday March 19th
Court sat at 10 am.
Present – same judge and assessor
Sec 56, 57, 58, 59 and 60 Otaki – Matina Te Kikotuha, Tamihana Te Rauparaha
Matina Te Kikotuha – appeared
Tamihana Te Rauparaha – appeared as a counter claimant. Not ready to proceed with case from absence of a witness, Parinihia Te Tao, wife of Te Rauparaha – at Porirua, has sent for her – may be here tomorrow.
Other objectors challenged.
Reverend S. Williams – appeared as an objector.
Court adjourned hearing of case to tomorrow at 8 pm. (Continued pp 299, this book)
Himatangi – continued
Parakaia Te Pouepa – sworn
I omitted a portion of evidence yesterday. It was about the lease of Himatangi in the year 1852 or 1853. It was leased to Kipa, (Skipwith). There was a written lease.
I and Paratene Taupi Mate Te Kuru, Ngatuna, Kaikoiwi, Te Hamara Te Mataaho;- these were Ngatituranga, Ngatirakau and Ngati Te Au – the present claimants.
The sheep were there for 6 months. Governor Grey objected and said that the Europeans should not have native land and told Governor Eyre to speak to me and that the sheep should go to Rangitikei. £12 was to be the rent. (Whakawa with Governor Eyre but the lease was lost, got no money). Eyre told us that the sheep must be taken away to Rangitikei.
When the £5 was given to me on account of Hukiki’s lease, I threatened to impound Mr. Robinson’s cattle. I only spoke but Pitihira and the others went and impounded the cattle and went to Mr. Robinson and got another £5 from him.
Mr. Fox
There was no plan to Skipwith’s lease, commencing at Mangatangi thence to Whatu Karaka thence to Otupene and Totara and the ‘motu iti’ of Ohaupapako to Pukahinau and thence to Pakingahau.
By court
The names of the boundaries were written in the lease. The copy we had was lost. We signed both copies. Mr. Skipwith kept one that may be in existence now. There were some remains of sheep from lately at Oriko on the river.
Aperahama Te Huruhuru – sworn
I, Nepia and Kuruhou leased Omaupapako to Mr. Robinson.
Himatangi was leased.
The names were written at Te Awahou.
Parakaia Roiri, Te Roera and rest of party had the rent for Himatangi. We told Te Matuku to ‘tahae manu’. He went and Ngatuaru Te Raotea said “If you come, you must put the noose round my neck”. After this, Te Matuku gave it up. It was I, Nepia and Kuruhou who told him to go. We were all afraid of our ‘matua’ Te Raotea. Don’t know the year, it was a long time ago, it was left from that time to the present.
Parakaia and his party “anake, ka kitea i reira – i muri iho, kua mahue i a matou’. Ngatirawharitua and other hap’s of Te Raotea. At the division of the land lease to Robinson, Parakaia, Te Roiri and Roe Nirai and Te Paratene (dead) and his wife Amiria were to have the money for Himatangi and we were to have the money for Omarupapako. Our share was divided between ourselves and Te Matuku.
Amiria Te Raotea – sworn
Whitirea, Ngatirakau, Ngatiraukawa.
I know about the lease in which Himatangi is included. I saw the writing of that lease. The land was leased to Mr. Robinson. Himatangi and Omarupapako were both included in the lease. Paratene Pitihira, Parakai Te Roera Roiri Te Raotea and Nirai Raotea – Paratene wrofte Te Raotea’s name, this was the Himatangi side. For the Omarupapako, Nepia Kuruhou, Aperahama Te Huruhuru, Te Matuku. Paratene was my husband. Nerai is a ‘tungane’. Raotea is my father. Pitihira, Parakaia, Roera and Roiri were “tamariki” of mine.
Parakaia and Paratene and Nepia were to receive the money. Parakaia was to receive his portion and Nepia his portion. Nepia £20 and Parakaia £20. We only had the money of our side. We gave some to Ngatiapa. Nepia and Te Matuku received the money for their side and perhaps other friends of Nepia.
The first lease was Skipwith’s, spoken to by Parakaia. Parakaia Te Pouepa’s evidence is correct – lasted 6 months. Te Paratene, when living, received the rent from Mr. Robinson. At death, he spoke to Parakaia, telling him he was to receive the rent from Mr. Robinson and give it to us – we and the others.
Mr. Fox
I heard about leases this morning before the court. Parakaia told me and I knew myself. I did see the Skipwith lease. Did not read it. Paratene wrote it and told me what was in it.
Paratene and Parakaia are both heads of tribe – were of same tribe – equal. The father of Paratene was of Ngati Patu Kohuru and the mother, of my tribe. Ihakara and Paratene were distantly related to one another.
Pitihira Te Kuru – sworn
Himatangi, Ngati Te Au, Ngatiraukawa.
Have heard of and saw lease to Skipwith spoken to by Parakaia. I was Mr. Skipwith’s shepherd and I fenced. Fence was on the land the subject of investigation. On the Manawatu river, lease did not last a year. The persons who were parties were Ngatirakau, Ngatituranga and Ngati Te Au – joint claimants with Parakaia in this block. I have seen that fence up to the day of my coming here. I heard Parakaia’s evidence about the impounding of Mr. Robinson’s cattle. I ‘here here’ them by Parakaia’s order. After I , Roera and Roiri went to Mr. Robinson, told us to go Nepia – we did go. Old Nepia said to young Nepia “You all go to Manawatu to Mr. Robinson”. We asked him to give us some money. Young Nepia said to Mr. Robinson, “give them some”, and Mr. Robinson gave us £5. We did this because Mr. Robinson’s cattle ‘Pokanoa ki to matou wahi’.
Knew about the late lease in which Himatangi was included. Heard Parakaia’s evidence about that lease, about dividing the land and the rent. £20 was for Nepia and £20 for Parakaia and our party. 1st year £40, 2nd year £50, 3rd year £60 to be equally divided.
Did not hear of Ngatiapa asking for money but heard that they wished to be parties to the lease. They were not permitted by Parakaia and Omarupapako was also leased at that time.
Ngatiapa did ‘uru’ there ‘na Nepia’.
Xed by Mr. Fox
I put up fence and shearing pen – sheep not shorn. At that time, Parakaia went backwards and forwards here and there - was cultivating there at that time. Some of his cultivations were as big as Skipwith’s farm - some bigger, some less. Did not read the lease (Skipwith’s). I saw it being written. I heard what was in it.
Xed by Mr. Williams
Parakaia and others had cultivations in one, my father was associated, he had a 'waerenga' in which many were interested.
By Court
The lease (Skipwith's) was read to my self and others and I heard it read.
Henare Te Herekau - sworn
Heard Parakaia's evidence about lease to Skipwith. It is true there was such a lease. We arranged about that lease. Te Matenga ('hungawai' of Kipa) asked Te Raotea for a sheep run and Maka and we consented - sheep having been sent away from Otaki. Was contrary to our wish to have Manawatu lands occupied as runs. Ngatirakau names to the lease. The persons named by Parakaia. They are the claimants with Parakaia in this claim.
Know of the lease in which Himatangi is included, Paratene and I were living together. We were both monitors. Paratene told me the same as Parakaia has stated with reference to the arrangement for dividing the lease.
Xed by Mr. Fox
I am a monitor under Archdeacon Hadfield. Parakaia is "Upoko" of the "Hahi". Rawiri is a monitor, Hoani Meihana also.
Xed by Mr. Williams
Ihakara Takumaru was a monitor and is now a 'kaiwhakawa' of the government.
Kooro Te One - sworn
Am not a monitor.
I know of the lease in which Himatangi is included. Knew of it from the first I heard that Nepia and Parakaia and Te Matene Te Matuku and Tamihana (of Ngatiapa) were the persons talking about us. Heard Parakaia's evidence as to the division of the lease and heard of the same before. What I heard before corresponds with what Parakaia stated to the court.
Samuel Williams – sworn
I heard evidence given by Parakaia and others with reference to Skipwith’s lease.
I remember a difficulty about getting a place for Mr. Skipwith’s sheep. Matenga Te Matuku was trying to get a place for Skipwith’s sheep. Ngatiraukawa were trying to eject them from Otaki. Governments were anxious to prevent natives from leaving their lands. Some of the natives were determined to keep the sheep on account of rents and Skipwith’s connection with them. At the request of government, I advised the natives to let the sheep be removed. The boundaries of the land to which they were removed, I do not know. This was before I had been on the ground included in Parakaia’s claim. The sheep were eventually removed from the district by order of the governor. Mr. Robinson told me that he had dispute with natives about depasturing his stock.
Discontent expressed by Ngatiraukawa party in consequence of cattle on their land – while only two or three natives received rent on account of an old lease to Mr. Robinson of Te Awahou. Advised them to see Mr. Robinson on subject. Heard afterwards that they had come to an amicable arrangement with Mr. Robinson.
The question of boundaries, I did not enter into.
Court adjourned at1 pm for 1 hour.
Court resumed sitting at 2 pm.
Mr. Williams
Referred to the Native Land Act 1862 – by which Manawatu block was accepted from Native Land Act and Act of 1865.
Te Kooro Te One – sworn
Remember the commencement of dispute with Ngatiapa and Ngatiraukawa in 1863.
First cause was leasing of land. In the first lease, Ngatiapa was allowed to share. Afterwards Ngatiapa did not consider the kindness of Ngatiraukawa and refrain from ‘rere nui ki runga I taua whenua’.
Ngatiapa then came over Rangitikei to this side to cultivate. Ngatiraukawa lent them seed. Ngatiapa then built ‘wharekura’ to hold meeting to devise means of ejecting Ngatiraukawa.
Ngatiapa seized rent of a lease by Ngatikauhata and Ngatiparewahawaha. There was an enquiry and Ngatiapa was seen to be in the wrong. Ngatiapa at that time spoke of Ngatiraukawa going to Maungatautari.
Ngatiraukawa said let me first be ‘whakawa’d and if I am wrong then I may go. Meeting broke up. Hoani then came to our place at Oroua. Ngatiraukawa were sore about words of Ngatiapa. Hoani asked what we thought about it.
We said, “Ngatiapa and we have been friends; we shall be strangers; we were angry for their taking the rent of 1862 and also about the lease of 1863, about which the dispute has arisen”.
Hoani said, “Wait – don’t be displeased. The rent will soon be due and you will then see how Ngatiapa behaves; if badly, then do as you think proper”.
When the rents were due, some of Ngatikauhata and Rangitane went to Parewanui to Ngatiapa – said “we are come for the rent of Taikoria – that we may share it equally with you”.
Ngatiapa said, “We will not agree”, that was said to Hoani Meihana – “if you had come by yourselves, we would have consented but as you have come with Ngatiraukawa, we will not consent”.
After a time, it was settled that they, Rangitane, should go with Ngatiapa to Whanganui to receive rent and Ngatikauhata returned. One of Ngatikauhata – (Tapa) went with Rangitane. It had been arranged that Ngatiapa and Rangitane together should receive rent but on reaching Whanganui, Ngatiapa left Rangitane and Tapa on this side of river and went by themselves to get the rent. Rangitane were angry. Rangitane returned to Puketotara and Tapa went to Pikiahu Maniapoto (Ngatiraukawa’s) to get them to come and drive away cattle. We were told that the affair must be settled carefully by the tribe. This was the cause of the talk about Ngatiraukawa going to Rangitikei to occupy.
Ngatiapa’s evil being now manifest. Hoani and Hirawanu called a meeting of Ngatiraukawa ‘hapu’s at Puketotara. One cause was to settle, they also wished to show the distinction between themselves and Ngatiapa – wished to remain as their fathers had done in the kindness of Ngatiraukawa. That was the term of speeches, invited Ngatiraukawa to occupy Rangitikei.
After Ngatiraukawa went taking arms and seed, Mr. Fox interfered to prevent hostilities, “have come to cultivate our land and if we are interfered with then we raise the gun but the muzzles are plugged at present”.
After this, went to build a ‘pa’ at Tawhirihoe.
After this, sent a letter to the governor to ask for some one to ‘whakawa’, not long after, Dr. Featherstone appeared. When he came, Ihakara told him why they had asked for an arbitrator.
Dr. Featherstone said, “It is a good plan, let me go and see your opponents and return to you”.
He went to Ngatiapa and advised them to consent to arbitration. Ngatiapa would not agree. He may have spoken more than once on return from Whanganui. Then there was a final meeting of Ngatiapa at Te Awahou, Rangitikei and then Dr. Featherstone failed to induce Ngatiapa to assent to ‘whakawa’ but they offered to sell him the land.
We were told that Dr. Featherstone said “hand over the whole matter to me, land, guns and all”.
Ngatiapa said “If you, Dr. Featherstone are not strong to take the land, I will take it and I will be the rangatira”.
Dr. Featherstone then said “You can go back to Parewanui and leave the affair in my hands”. Dr. Featherstone then came to Tawhirihoe and told Ngatiraukawa that the whole matter was put in his hands by Ngatiapa, land, quarrel and all and he asked Ngatiraukawa “to place the matter in my hands”. Ngatiraukawa chiefs declined.
I urged that the dispute should be settled. “It will be for the ‘whakawa’ only to take my ‘pakanga” – Dr. Featherstone. “An investigation of the title land, cannot take place because it is ‘he whenua raruraru’, it will be better to sell it and let the price be divided that both parties may be satisfied”.
Ngatiraukawa did not assent.
Dr. Featherstone then said, “I will impound the rents for the leases which have been the cause of this disturbance”.
Ihakara agreed to this ‘tutakina!’ Parakaia said “tutukina!”. Dr. Featherstone went away.
Ngatiraukawa had not assented but still pressed for investigation. Dr. Featherstone did not ask us who owned the land at the time of the treaty of Waitangi. Dr. Featherstone did not mention the treaty. He did not ask us about the division of the land between Ngatiapa and Ngatiraukawa at the time of the sale of the Rangitikei block. Dr. Featherstone’s first reply to proposal for investigation was an assent but after he had seen Ngatiapa and had the offer for sale he said “e kore e kaha te whkawa he whenua raruraru”. His only proposal was that Ngatiraukawa should sell him the land. He did not support (whakamaua) Ngatiraukawa in wish for investigation after the land had been offered by Ngatiapa for sale.
Court remarked on irrelevancy of this evidence and discussion ensued on objection of counsel for the crown. The court stating view of and explaining what was, the question before it.
Court adjourned at 4 pm till tomorrow.
