087-100
Saturday July 13th
Court resumed at 10 am.
Same Judge and Assessors present.
(from pp 15 this book)
Te Waerenga West – Natanahira Te Waru (resumed)
Postponed -(continued pp 94 this book)
Te Werenga – Perenara Te Tewe, Te Peina and others counter claimants
Called – did not appear.
Hearing adjourned to a future sitting of the court.
Town Sections – a1 – r2 – p0, r2 – p6 -Kiharoa Mahauariki
Kiharoa Mahauariki appeared – cautioned to speak truth
Of Ngatipare, Ngatiraukawa. Live at Otaki.
I produce map of the land claimed. They are allotments in the township of Otaki. There are 8 quarter acre allotments numbered in the map of the township 44, 43 (r2 – p6), 42, 41, 40, 39, 47 and 48 (a1 – r2 – p0). Mr. Hughes surveyed this land. I pointed out the boundaries to him. The whole is included between fences. There is also a dividing fence between 43 and 42.
I claim the land on two grounds.
1st. The land was mine before the township was laid out. 2nd the quarter acres comprised in my claim were assigned to me and my relatives at the time of the laying out of the town. 44 was surveyed to me. I did not occupy it but I fenced it – that is. I put up the fence along the main road frontage of all the sections – the block. That was the only fence put up.
I then went to Manawatu. I remained till the death of our ‘papa’ Wi Perahama Kiharoa. When I came back on my return, I fenced another person in occupation. Paraone occupied my lot and Wi Rape occupied 43. Paraone continued to occupy and afterwards gave it to Ropata Hurumutu. Paraone built a house which he occupied – it is ‘pakaru’ but Ropata has built a shed on it which is still there. 43 was assigned to Peneaha my ‘teina’. He went to school in Auckland. Although a child a quarter acre was assigned to him.
Afterwards Wi Rape was the occupier. He built a housed and occupied. He afterwards gave it to Ropata who now has it. 42 was assigned to our ‘papa’ Wi Perahama. He built a house and occupied it. He died there and on his death I returned from Manawatu and occupied. He had a ‘whare Maori’. When I came back I built the house which is now occupied by Mr. Bevan on No. 41 who is my tenant. 41 was assigned to Te Moroati – my uncle. He occupied it and built a house. His house was on No. 39. It is now mine. I turned him out when Kiharoa – his father died. Kiharoa was the owner of No. 49 and I wished Moroati to go there and give up his own to me.
No. 40 Waharahi had this. He occupied and built on it. He has gone to Rangitikei and I occupy now. He is a slave of mine and was living with Wi Perahama our ‘matua’ when the town was laid out. He has long gone away. There was no house on it when he left. I was here at the time. I claim it now.
No. 39 was assigned to Hori Te Tawharoa, he occupied and built. He left to go to Port Nicholson and did not return. He is a relative of mine. He told me that if he left I was to take his allotment. I was here when he left. He left me his piece. Te Moroati was occupying the house together with his own at the time. After Hori left Moroati removed to 49 – Kiharoa’s piece.
47 was assigned to Te Rakau. He occupied and built. He left and went north. He is a distant relative of mine. It was through my father Wi Perahama that he had an allotment assigned to him. He left his house in dilapidated state when he went away. He left no word about his land. I do not know whether he has any relations here. I took it simply because he left it. I have heard that he is dead. I am told that he died here but I do not know when he died.
48 was assigned to Matenga Te Tiaki – he occupied and built a house. It is now mine. He was a distant relative of mine. He said nothing about the land when he left. I simply take the land which he left and which was originally mine. The present fence, the lands are mine.
The reason why, the boundary claimed by me on No. 39 is, because the original owner of the land claims that as his portion.
Paraone was put on my piece No. 44 because he was removed from No. 57 which is now claimed by Tamihana. Wi Rape was removed from 58 to 43 – Peneaha’s piece at the same time and for the same reason.
Karanama Te Kapu Kaiotu – sworn
Live at Otaki. I was at Otaki when the township was laid out. I recognise the land shown on the map. I have heard the evidence of last witness.
No. 44 was assigned to Wi Perahama and so were a number of allotments in that block. I cannot say what particular lots were assigned to individuals but these allotments were for Ngatipare. All the back was for Ngatipare that they might live together. Afterwards Ngatipare became separated. No. 44 was given to Wi Perahama but his house was built on another allotment.No other tribe occupied allotments in that block for fear of Ngatipare who were the original owners. Paraone was partly Ngatipare and he was put there when Te Rauparaha took the piece originally given to him.
I did not see Wi Rape in occupation of 43 but know that he left his original piece in the block now claimed by Tamihana. I do not know whether Kiharoa and Peneaha had separate pieces. They were children at the time. Moroati was also young. The ‘mana’ of Ngatipare was over the whole. I know Matenga Te Tiaki and Te Rakau. They were both from Rotorua. It was by consent of Ngatipare that they occupied and when they left Ngatipare claimed again.
Moroati Te Kiharoa – sworn
I am of Ngatipare – live at Otaki.
I recognise the land shown on the map. I was here at the laying out of the township. When the township was first surveyed no one occupied the allotments 44 and 43.
After Wi Rape and Paraone were turned out of these by Te Rauparaha, Wi Pera consented to their occupying No. 44 and 43. Wi assented to the arrangement. Paraone was a relation of ours and We Pera another and let them come and occupy 44 and 43.
The other 4 allotments here were assigned to him and his slave, Waharahi and Hori and Hanara. 41 was Hanara’s, 40 was Waharahi’s and 39 was Hori’s. Hori did not occupy. He is a relative of mine. I built on his piece No. 39. No.47 and – were Matenga Te Tiaka and Te Rakau’s. These allotments are now claimed by Kiharoa – they having left them, Te Rakau joins to us. I did not hear of them saying anything about the land when they left but they knew the land belonged to Wi Perahama and when they left, Kiharoa took possession and fenced. 44 and 43 are now possessed by Ropata Hurumutu – given to him by Paraone and Wi Rape. The other 4 properties belong to Kiharoa. The piece outside of No. 39 cut off by the boundary is claimed by Terepata. It is an old boundary. Hori was fixed on that allotment. He never occupied it. It was cultivated by Waharahi and myself. I paid him to let the line go straight. He took the money and agreed to the boundary being at the street.
Case for opponent.
Ropata Hurumutu – appeared – to oppose Kiharoa and to claim lots Nos. 44 and 43.
Wi Rape – appeared to oppose Kiharoa for lot 43 and also as counter claimant to Ropata Hurumutu – for that claim.
Peka – widow of Paraone appears as counter claimant to 44 as the property of her husband and jointly with Wi Rape to 43. Wi Rape being her ‘tangata’.
Kiharoa – recalled
There are 7 persons, Wi Pera – our father, myself, Peneaha Mahauariki, Hakopa M. Hiria Taipua – living here Atareta Mahauariki – a niece of Wi Pera Mahauariki. I wish these to be grantees.
The court ordered a certificate of the title of Kiharoa Mahauariki and 4 others as above for the piece of land shown on the plan 1 – 2 – 0 and including the portion cut off allot No. 39 being allotments 42, 41, 40, 39, 47 and 48 of the township of Hadfield Otaki.
The court to recommend no restriction on alienability.
Fees demanded
Invest £1 Exam plan £1 Certificate £1 Total £3.0.0
Fees paid £3 T. H. S July 13 1867
Hearing of a0 – r2 – p6 Kiharoa Mahauariki contested by various counter claimants adjourned to future sitting of the court. Counter claimants informed.
Waerenga West – Natanahira Te Waru
Natanahira - appeared and produced plan by Mr. Hughes.
He was informed that the hearing would be adjourned to afford the claimants an opportunity of pointing out the boundaries of their respective claims to the surveyor in order that they may be shown on the plan.
Hearing adjourned to future sitting of the court.
Plan referred to Mr. Hughes to mark conflicting claims.
All the cases set down for hearing having been called. The court adjourned sine die at 2 pm. 13/7/67.
