Saturday 22nd November
Court opened at 10 am.
Present – the same
Ohinekakeao
Natana Pipito said Ihakara was present but not as an objector but to see if there was any encroachment.
Ihakara Tukumaru – sworn
I wish the line 5127 to be produced so as to exclude my eel weirs.
Neville Nicholson states the eel weirs do not encroach.
Natana Pipito – sworn
I know the north eastern boundary. It cuts through our eel weirs – 3 in number. There are certain dry places in the swamp which we use for eel fishing which is included in the boundary. I saw the line was cut wrong. If the line 5727 was produced and straightened, it would be correct.Our parents and ourselves made the eel weirs.
The part over which Tuainuku has mana is Ohinekakeao. The part we have is Pukaikahanui and Tuainuku has no mana over it.
Xed by Nicholson
I did not say yesterday, I knew nothing of the land and it was necessary for Ihakara to be present. We had no talking about these matters during the night. I confirm my statement that there are fishing stations within the boundary.
Whatanui laid down the boundary marked 10283-8 in olden times. Whatanui cut this line because he wanted all the land for himself up to the mountain. When Ihakara heard of it, he went and stuck in a peg to show his objection.
Morgan Carkeek – sworn
The line marked 10283-8 was cut by my directions. I was not there. I only know the position of the land.
John Davis – sworn
A peg was put about 4 chains from Manawatu River and the line cut - Knowles made the --- in 1869. Mr. Carkeek’s survey was started from the same peg and run through the swamp. I cannot say if the line runs through the eel weirs.
Case closed
The assessor delivered judgment as follows.
The court cannot take the evidence of Ihakara and Natana with reference to eel weirs and also say that as Whatanui cut the line they reject the claim.
The court adjudges this block to Neville Nicholson and others.
Order to be made in favour of
Neville Nicholson h.c, Ema Winiata, Ngawiki Matene Te Whiwhi, Heni Kipa, Hukiki Wharetini
Fees - £2.0.0
Ohau No. 2 – Succession claim – 6360 acres – Order 175/73 – see page 187
Wiripene Kapareire to succeed Kapareire.
Dr. Buller appeared for claimant.
Ohau No. I – 750 acres – date of order - 9 May 1873
And
Ohau No. 3 – 7090 acres – date of order – 17 May 1873
Same claimant to succeed Kapareire in No. 1 and No. 3.
Wiripine Kapareire – sworn
I live at Taupo.
I am married to Hoani Whikiriwhi.
I knew Kapareiri Te Mahinihi. He is dead. He died about 1 year ago. I have seen his grave. His death was a matter of notoriety. I claim to succeed. I have either brothers or sisters. I wish my child Kapareire Hoani to succeed with me. The child is about 2 years old. I wish his father Hoani to be appointed trustee.
This evidence and the application are made in respect of all 3. My father had no other wife save my mother Helen.
Objectors challenged – none.
2 orders of succession to be made in favour of Wiripene Kapareire and Kapareire Hoani (2 years) in Ohau Nos. 1 and 3.
Hoani Whikiriwhi to be appointed trustee for Kapareire Hoani.
