Saturday 3rd September 1881
Place – the same Present – the same
Topaatekaahu – W.D. 432
Tamati Ranapiri – sworn
I live at Otaki. I belong to Ngati Tukorehe of Ngati Raukawa. I see the plan.
I know the land described. I claim on part of it with Netahio Aterea. I claim through purchase and exchange. Netahio’s claim is through ancestry also by exchange. The land is fenced. We put the fence without interruption.
Objectors
James Ransfield.
Enoka Te Wano – objection withdrawn.
Tereiti Perenara by Perenara Te Tewe
Counter claimants case
James Ransfield – sworn
I live at Otaki. I am brother of Tamati.
I know the land described on the plan. I have no claim to it but my wife has. I appear on her behalf and of my children. My wife has a claim to this land through ancestry through
Hori Ngawhare = Merania
Riria my wife
I point out the boundaries of Riria’s piece. Hori Ngawhare cultivated on that part – Te Rei Paehu.
My wife did not cultivate on it. Te Rei is younger brother of Hori Ngawhare. Netahio’s parents never cultivated on this part N – only on the other part S – I never heard of the exchange spoken of by my brother Tamati.
I have been at Waikato for a year about. I have always been backward and forward. I objected at the time of the fencing. I told Tamati the fence was wrong. I objected to Perenara’s fence also. Perenara paid me and I agreed.
Tamati or Netahio have never cultivated on the N part any more that we. Their only work was the fence. They never obtained that land by gifts. I never heard of any gift to Netahio or the exchange.
Xed by Tamati Ransfield
I never exchanged this land for land granted to you at the last court called Harakeke or Mangapouri. Hopia came and told me that the boundary was wrong. I never told you at the time of the erection of the fence. I did not put in plst marks for you. I put some in for Hopia. I did not come to your ----- and object to the fence.
Netahio’s parents never cultivated on this N part. Te Rei Paerua has. Te Rei’s cultivations are south of the line marked. Te Rei and Netahio put up a fence on the north line. He has a fence along the creek. Peranara and Netahio and Hiriona and Aterea leased that part. They leased the whole block to Harper.
Our land is included in Tamati’s fence. Many of us are interested in it. Perenara’s fence was on the east of the creek inside this land. I am quite certain Parenara put up the fence for Harper. The fence by the road is your fence not Perenara’s. I did not object to the piece between Perenara’s fence and yjour fence but about the whole block. I objected to both of your fences.
By court
Perenara paid me when I objected to his fence and I withdrew.
Ngahora Pekeia – sworn
I live at Otaki of Ngati Kapu of Ngati Raukawa.
I don’t know the name Topaetekaahu. It is a new name.
I was given the land described on the map. The land on either side of the north east boundary was Whakaiwa, Hori, Ngawi, Wairaka, Wairaha was Ngawi’s father. Those are all the owners I know of that land. Netahio’s parents never objected to them. Wairaka and Hori Te Tamaiti were the principal chiefs of Ngati Kapu. I never heard that this land was given to Netahio’s parents or any one else. The descendants of Wairaka and the others I named are the proper owners of this land now.
Xed by Tamati Ransfield
Wairaka is the chief of Ngati Kapu. He is my eldest brother.
Those I have named are the true owners of this block. I only know the old boundaries. I don’t know these. I lived on this land when I was young. I have not lived on it lately. I cultivated there formerly.
By court
I know Komata’s creek. I have seen the fence along the road. I don’t know who put it up.
Riria, Hopia and their children lived inside the fence.
I don’t know whether there are any houses on the land now. I have not been there for sometime.
I know Netahio. I have never seen Netahio or his parents cultivating on this land. I only saw the fences. I know nothing of their erection.
I know Tamati Ransfield. I never heard of his fence there. I know Riria, James Ransfield’s wife. She is from Ngauhare. She and her parents are the only persons I saw on this land.
I did not see Perenara’s work on it. I have see potatoes growing there but did not know whose they were. I believe they belong to Riria and her family. Komata – the roman catholic priest drained a part of this land. I heard so.
Ani Kanara - sworn
I live at Otaki. I am of Ngati Kahu.
I don’t know the name you have given this land. Wairaka, Hori, Merania Whakarauoa are the owners of this land.
I know Komata’s drain. Hori gave him permission to make it. I never heard that this land was given to Netahio or his parents. This land belongs to Riria and Hopia her aunt – mother now.
Xed by Tamati Ranapiri
Since our arrival here, this land has belonged to Hori and others. I never heard of these boundaries in former times. These are recent boundaries.
Xed by court
I saw the fence round this land. I don’t know who put it up. I never saw Atera on this land. I left it 20 years ago.
Perenara Te Tewe for Ransfield – sworn
I am of Ngati Kapu. I know this.
I don’t know the whole of it. I know the N portion only. Hori Ngawhare is the chief owner. Wairaka was his father. I never heard of this land being given to Netahio’s parents or any portion of it.
I built Harper’s fence. You came to me and objected. I asked you to allow the fence to go on. You did so when I paid you. You had stopped me otherwise. I know that piece belongs to your wife Riria.
Netahio’s people never had houses on this land. I know your objection to the part belonging to Riria. In my opinion the N part belongs to Riria.
T. Ransfield
A pine tree marks Hori’s boundary thence to your fence at the corner of the road – north of that is Hori’s land. I cannot fix position of piece on this map.
J. Ransfield came to me twice while I worked at the fence on the creek and to the road thence to the corner. I saw an old fence along the creek. Netahio’s father Aterea put that fence up. Aterea Tauehe and his wife formerly lived inside the old fence.
I don’t know by what right Harper paid me for this fence. Harper had leased this land from Matarena and Mere Penenara. My wife consented to it. This lease was of the south part I have seen Matarena wife of Aterea on the north part but I don’t know by what right they occupied. I never heard of the exchange spoken of for Harakeke.
I gave Harakeke to Hipirini. I don’t know who owns Harakeke now. I have heard that Harakeke has been granted to Hemi Ransfield and his wife.
Xed by court
I don’t know who laid out the boundaries of this land. I know about the ditch. I never saw James Ransfield or his wife working within N part. I have heard the N part belongs to Hori.
J. Ransfield case closed.
Perenara’s case.
Perenara – sworn
I claim part of this land for Te Reiti. It is a part on which her fathers worked. It ---- from east to west in a strip. Her claim does not extend over the whole. Tereiti is my child. Her claim is through her mother who is deas.
Haramona, my wife’s father grew wheat on this part previous to our marriage. We never returned to it. After our marriage, Matarena got leave from my wife to cultivate on our part. He asked leave first. They worked there 2 years – maui and potatoes. They gave us no potatoes in payment. They were relatives. Matarena lives there from that time until now.
We have not ordered them off. A certain part of this land belongs to Tamati Ranapiri. He bought it.
The permission to Merania was to cultivate only – not as a gift. I and my wife have not been on this land since our marriage. Our claim has never been disputed until now.
Perenara’s case closed.
Claimants’ case.
Aterea Tauehe – sworn
I am of Ngati Tukorehe of Ngati Raukawa. I live at Waikato now about 5 years.
I know this land Topaatekaahu. I have no claim to this land but my wife has through her father Hipirini. Part pointed out in a strip from W E.
Riria claims the N part. It is hers. Riria is Tiemi’s wife. I asked Tiemi to exchange Riria’s share for my land Harakeke.
The first work on this block was mine. I have not been disturbed in my occupation. I have worked on it from N to S – potatoes, maui and rats.
I lived there about 3 years then I leased it to Harper. I took three years in succession. Himiona got a share of the rent. I gave him £1 each year. No one disputed my lease to Harper. Mere Perenara never objected neither did Tiemi nor Riria.
The fence was along the creek when I leased to Harper. I exchanged Harakeke with Hemi for his claim inside the fence on account of Riria. Tiemi and I laid down the northern boundary so as to include all Riria’s land. Many persons know of our exchange.
By Tiemi Ranapiri
The north part belongs to riria. The pine was one boundary point. There are several pines but I showed you one – the boundary one.
Perenara Te Tewe
I never heard of Horomona’s claim on my part of this land. I never heard of Hipirini being bought up by Horomona. I never heard that Mere gave that land to Matarena my wife or that she gave us permission to live there.
Xed by court
We have no documents relating to the exchange.
Court adjourned until 10 am on Monday.
