053-054
Saturday April 5th 1873
Place – the same Present – the same
Horowhenua
Before giving judgment in the case before this court desires to express its appreciation of the valuable assistance it has had from the counsel of both sides and of the case and ability with which ---- ---- of ---- respective clients have been prepared and put before the court which the inquiry has been rendered much --- ---- than it ----- would have been.
Judgment
This is an application made by Ngati Raukawa claimants for a certificate of title to that portion of the Manawatu Kukutauaki Block which was accepted from the previous order of the court made in their favor excluding only the portion admitted to belong to the Muaupoko tribe.
The application is opposed by the Muaupoko who claim the whole of the accepted portion as owned by their ancestors and still owned and occupied by them.
The claimant have brought forward evidence and have sought to prove such an occupation of the land the subject of inquiry as would amount to a dispossession of the Muaupoko.
We are unanimously of opinion that the claimants have failed to make out their case and the judgment of the court is accordingly in favor of the counter claimants.
The claimants appear to rely principally on the residence of Te Whatanui at Horowhenua and there can be no doubt that at the time when that chief took up his abode there, the Muaupoko were glad to avail themselves of the protection of a powerful Ngati Raukawa chief against Te Rauparaha whose enmity they had incurred.
It would appear that Te Whatanui took the Muaupoko under his protection and that he was looked up to as their chief but it does not appear that the surrender of their land by the Muaupoko was ever stipulated for as the piece of that protection or that it followed as a consequence of the relations which subsisted between that tribe and Te Whatanui.
Raumatangi
We find that Muaupoko was in possession of the land at Horowhenua when Te Whatanui went there. That they still occupy these lands and that they have never been dispossessed of them.
We find further that Te Whatanui acquired by gift from Muaupoko a portion of land at Raumatangi and we consider that this claim at Horowhenua will be fairly and substantially recognized by markings off a block of 100 acres at that place for which a certificate of title may be ordered in favor of his representatives.
Court adjourned until 10 am on Tuesday.
