Saturday April 18th
Court sat at 10 am
Present – same judges (3) and assessors (2).
Himatangi - continued
Kawana Hunia – recalled – deposed.
I remember the Koputara lease. It was to Mr. Robinson. I don’t know the year. I believe it was in May 1861 that the talk about this lease began. I was the person who went to Mr Robinson to speak about it. I left the ‘iwi’ to arrange about leases on the Rangitikei side and said I would arrange these, of the lands near the Omarupapato boundary. I proposed to Mr Robinson to enter into an agreement for a definite lease of the land west of Omarupapako as his cattle were running at Taikoria and Tawhirihoe. He asked if Matene agreed. I said “Yes, he and Rawiri Takiri agree”. Mr. Robinson asked “What terms”. I asked for £100 per annum. Mr. Robinson said “ae, hei Taikoria te rohe”. I said “Taikoria is being arranged about by Ratana and Mr. Churton”. I proposed Paepae as a boundary ‘mo korua ko Te Kuka’. Robinson wanted Kaikokopu and Koputaura. I told him I had promised that to Mr. Cook. Robinson then proposed £40. I did not agree. Robinson made a proposal £40 and to increase £10 – increase up to £100. I returned. I had discussion with Matene and Rawiri. I said I will speak to Nepia lest he should say we are stealing his rents of Te Awahou. There was an old lease to Robinson of Awahou. I went and saw Nepia at Matahiwi. I told him we were going to lease Koputaara near Kaikokoppu on to Manawatu. He said it is well. Nepia and I talked over the matter. Nepia spoke of Matene and said “is he angry with his mokopuna?’ – referring to young Nepia). He referred to old differences with Hakeke and himself as to boundary. The former claiming Kariiri, and he, Koputaara as the boundary. I laughed and said “the question of admitting young Nepia is with Matene”. I said “I am looking ‘titiro pitaha ki a Ngati Rakau”. Nepia said “You are right, but what is Taraotea’s ‘tohe ki Himatangi?, he aha ra tona tikanga”. (Referred to Taraotea’s going to get ‘ti’ at Himatangi and Matene’s going and burning houses). “What object have Ngati Rakau”. “This is the same as he did with Ngati Te Upoko-iri who ‘pana’ him from places where he went to get birds”. After this Nepia and I and Hamuera and Matene and other Ngatiapa went to Awahou to Mr. Robinson. Kuruho was there with us at this meeting. Nepia urged Robinson to accept terms offered by Ngatiapa - £100 a year. Nothing settled. We returned. Left the ‘kaumatua’, at Koputaara. Nepia and I returned. Went into the matter with Robinson again. Asked for rent for time the cattle had been running. Robinson gave £10. Gave Nepia £5 and kept £5. I then agreed to the lease for £40 for 1st year. Week after , 40 of us came down and settled the matter and signed leases. Kaikokopu, Mr. Cooks lease and Koputaara to Manawatu to Robinson. No other Ngatiraukawa besides joined in this lease at first. I did not name Parakaia. I did not invite Parakaia.
(Document shown to witness purporting to be a lease of land including Himatangi to Robinson.)
I kon’t know whether Matene received the rent. I did not sign the agreement or see who did.
Kaikokopu:
Rawiri Takioi asked me to give a lease of this land. He is Ngati Kauae of Ngatiapa. I was opposed to leasing. The chiefs decided that the land was not to let because it was disputed land. We were to watch and prevent Ngatiraukawa from putting cattle on it. Let to Mr. Cookfor £10 per annum by Ngatiapa. I did not go to any Ngatiraukawa to join as a party. I asked Kuruho to witness two of Rangitane (Kerei and Te Peeti). I and Rawiri Ngatiapa, we received the rent up to the time of its being impounded.
(Document purporting to be a copy of lease, Mei 2 1861 read to witness. Names appended Hunia and Kuruho).
I marked a ‘X’ to a document of the tenor of that read – I received the first years rent and gave Kuruhu £10. The next year the rent was received by my friends the Rangitane and a Ngati Te Ihi ihi man. I saw the lease with a lot of names. Some 500 names. The rent was paid only 2 years. I had £40 of the 2nd years rent. I received it from Mr. Cook. After that the rents were impounded.
I heard evidence of Ratana and Hamuera yesterday about leases. I heard of two leases by Ngatiraukawa about which I was angry with Hamuera and Nepia. I don’t know of any other leases.
Xd by Mr. Williams.
I and Nepia settled the lease for Himatangi. I don’t know anything about Parakaia’s making the lease or how he became a party to it. I was regarding him with suspicion. I did not go with Matene and Nepia to receive rent. I believe Matene and Nepia received and spent it. I did not see Ngati Rakau receive money. They may have done so ‘he puaha noa atu pea ki tetahi moni maua – kihai au I kite’. It may have been the same as their getting their names into the lease. I own Paepae and Kaikokopu. According to Maoricustom, I have claims all over the block through ancestors and on this side of Manawatu. I claim through 4 ‘hapus’ of Ngatiapa and 1 of Rangitane. Ngati Rakau are cultivating on this side of Manawatu at Opiki and Whakatao. He nearly got into trouble with Ngat Te upoko iri from places on this side of Manawatu. The ‘mana’ of Ngatiapa still exists over these lands.
Case for crown closed.
John Hughes – Sworn.
I am a licensed surveyor. I made the sketch before the court and Parakaia and others went with me. I found pegs on the west boundary line. Some of them to the right and some to the left. I find that I have noticed one of them a mile and a quarter from Omarupapako going north. 179 links west of the line. I commenced the line at a point on the boundary line of the Awahou block 48 chains 10 links from the edge of the Omarupapako bush. I found a line cut in the direction of a ‘kahikatea’ tree. I continued the line straight on the same bearing. I advised the natives to straighten tne line as more convenient. The boundary which Parakaia wished me to take after the ‘kahikatea’ tree was altogether on the left of the line. A peg seen on the right was not part of the boundary. The position south from the ‘kahikatea’ was the line cut by the natives and pointed out to me as the boundary. I can’t swear that the right on the south side of the ‘kahikatea’ tree. I saw about 4 or 5 pegs.
Witness fixed position of peg.
I don’t know whether they were nearer or further from the line. The river and south boundary was taken from government plans. The west was chained by me. The straight line was my doing. Parakaia wished me to follow the pegs. The north line was merely fixed by a bearing on Whitirea. There was a peg at the extremity of the west boundary. Parakaia wished me to chain the north boundary but I did consider. A clump of bush was pointed out to me as Whitirea and I took a bearing.
Xd by Mr. Fox.
This survey was made 11th July 1866. The line I found cut was recently cut. There was no cut line beyond the ‘kahikatea’ tree. The pegs were old pegs. Some of them were dated, can’t say now what date. I think they were ‘totara’. Could not say what age. The brands would show that they had been in 2 years. The line was carried straight on the same bearing. I feel certain that was not there. I did not know him at that time. I supplied the sketch of which this is a copy to Mr. Izard.
By Court.
Did not see a peg at commencement of west boundary line. I did not see any peg at the commencement of my line. The bearing was taken on the ‘kahikatea’ tree. I carried out the line on that bearing. I had not seen the pegs before. I struck a point 80 links to the east of the peg I found there. I moved the peg to the place where the line terminated. This peg was not branded. It was ‘totara’, could not judge of the age. Whitirea is marked on the government plan. 20 natives accompanied me to cut the line. The bearings and distances on this sketch are correct and the area is approximately correct. Mr. Izard instructed me to make such a survey as would enable him to define the land in the Supreme court. Mr. Izard directed me to Parakaia who was in Wellington at the time and accompanied me to the ground.
Case adjourned till Tuesday to hear counsel on both sides.
Mr. Fox applied for adjournment to Rangitikei giving reasons. Want of food, convenience of witness, referring to letters addressed to Dr. Featherstone and others on the subject.
Court adjourned at 2 pm to 3 pm.
Court sat at 3 pm.
Hauai No. 3 – Parakaia Pouepa
Parakaia Pouepa – called – not appear.
John Hughes – Land surveyor – appeared and stated that he had surveyed this claim Sworn.
A produce plan of claim of Parakaia Te Pouepa to Hukuai No. 3 – produced. Evidence of survey and plan. Boundaries pointed out by claimant. Employed by claimant. The boundary which adjoins Ururoa’s claim was pointed out and agreed upon by both. Ururoa was present at survey. Ururoa has not put in his application for his claim. Boundaries as shown distinctly marked on ground. Rules of court observed. Survey not interrupted. I am not aware of any dispute as to ownership. It is connected with another survey of mine of Rakapa’s claim to Reke reke. Investigation not yet applied for by Rakapa. I do not wish to apply to the court for assistance to recover payment of charges.
Parakaia Te Pouepa – appeared – Sworn.
I am claimant. The land shown on this plan is the land I claim. This land is near Otaki river. This land was cleared by me. It was forest. I cleared it in 1831 – the year after Ngatiraukawa came here. It was not cultivated that year as it was over flowed by a ‘waipuke’. In 1836 I cultivated it – planted potatoes. I and my ‘whaea’ (since dead) planted it. Planted 2 years and then left it. In 1847 my ‘whaea’ (Te Rarangi sister of my father) cultivated there and some of mateqwa Natanahira Te Pahake and Anaru Heretaunga. Wairau came to me to ask permission to cultivate there. I assented. Others joined with him. Mukakai and others in 1849. In 1852 they ceased to cultivate. No one has cultivated since. There are several of us who are interested in this land. The others are at Manawatu. This land has been sold to Dr. Hewson. The persons who represent the owners of this land are these (list A). I apply for a crown grant in favor of myself and the 3 persons named by me.
Objectors challenged.
Mukakai – appeared and stated that a portion of his land was included in the survey. On examination Mukakai stated that he had not been on the ground since survey but that Moroati knows the boundaries of his claim and could point them out. I apply to the court for a grant of my portion.
Hare Hemi – appeared as an objector and stated that a portion of the land belonging to himself and Te Mateawa was included in Parakaia’s survey.
Te Ururoa – appeared as an objector and stated that a portion of his land was included in Parakaia’s survey.
Further hearing adjourned till Monday April 20th (see below in this book).
Court adjourned at 4.30 pm.
