Friday 12th December 1879
Court opened at 10 am.
Present – the same
Aorangi – Subdivision – continued
James Booth – sworn
I am district officer living at Whanganui. I have been a considerable time as L. Purchase Commissioner.
I have heard of Native Agents.
I know Mr McDonald has been agent of Kauata for many years. His dealings were purely in connection with Ngati Kauwhata and never interfered with me in any transaction. His connection with Ngati Kauwhata was of a family character rather than that of an agent.
I remember a meeting at Awahuri. I called it for the purpose of settling the share that Tapita and Anapeka should take in this block. I invited Mr McDonald as recognised agent of Ngati Kauwhata to be present. I asked the girs to attend. We assembled at Tapa Te Whata’s house.
The chief assembled the recognised heads of the hapu. I then told them what I called the meeting and asked them to allow me to make the arrangement. They nominated Tapa Te Whata to say whether this should be done. He was to have the power to agree or not with any proposals I might make. Mr McDonald and Ngati Kauwhata agreed.
I ascertained the area of the block. The number of grantees was 67. I then proposed that a 67th share of the whole block should go to Maraea Wetini successors on this. A consultation took place and they stated that certain expenses had been incurred in life time of and width the consent of Maraea. I spoke to Anapeka and Tapita and they declined to accept any responsibility about these expenses.
I then suggested to Ngati Kauwhata that as the expenses had been incurred while there was no title to the land they could not be recovered in a court and recommended to the hapu that Maraea should receive a full 67th share apart from these expenses except for the survey of the part allotted to her so that an amicable settlement could be arrived at.
After a long debate amongst Ngati Kauwhata, Tapa Te Whata said, we accept your suggestion without prejudice as coming from you but if not accepted, this agreement is not to prejudice us when we come before the court at a future date, that is if the offer be not accepted today is to stand as if it had never been made.
I then appealed to Tapita and Anapeka and they refused the suggestion. That ended the matter. I did not require any written document to bind them. I considered Tapa Te Whata’s word spoken before the people as good as any written document. There was no chance of his repudiating his word when once given.
I can’t say I knew Maraea. I knew several of the women of the tribe, the heads of family. I knew Kooro Te One. He was a prominent member of the hapu and should take his word as to any arrangement.
I know Ngati Kauwhata and I would take their word as to any matter sooner than any other tribe I know.
I know of a meeting between McDonald and Native Minister at Foxton. I know you spoke to him about certain accounts between you and Ngati Kauwhata. We were in a private room but McDonald asked Mr Sheehan to appoint someone to go into matter of accounts between himself and Ngati Kauwhata, this he promised to do.
Xed by Dr Buller
I heard of sale to Stephens of 400 acres for £800. I understood it was to raise money for survey of subdivision. I believe the survey has been made. I cannot say if it has been paid.
Before Kooro’s death, the mode of subdivision was arranged and the amount to go to each family. I can’t say if the subdivision plans now before the court are the subdivisions agreed to before Kooro’s death.
I can’t say when Maraea Wetini died. I don’t know if Mr McDonald had a written authority but have been told hundred’s of times by Tapa Te Whata and other heads of families that he was their recognised agent in all matters of the tribe. I should have recognised Mr McDonald as the recognised head of the hapu at the meeting at Awahuri.
It was after consultation by him and the tribe that Tapa was appointed to agree or not to proposals to Tapita and Anapeka. A lease to Bull was spoken of also, a sale to Stephens; a gift of land to McDonald did not come into the question. I know McDonald acted in connection with head’s of families notably so with Kooro Te One during his life time.
I cannot say how much money McDonald has received from time to time for the tribe. The tribe have always seemed satisfied with his disbursement. They never said how McDonald had received.
I don’t think Mr Sheehan ever made the appointment as he promised and so far as I know no explanations of accounts have been made.
I know that Mr McDonald is held as the chief and exercised rights in Kauata. I know of no other European in any part of the country having such a position. Kooro Te One’s position as a chief would be considered in the subdivision of the land which was made during his life time.
If it had been determined by the whole tribe that Kooro as the head of a family and as such, held a block of land with his family. I know of no custom on decease of the head, where successor would assume the head of the family but would simply succeed to interest in the land.
I think Kooro would get a larger share than such members of his family such as Uncle Jo, but not through his father. If a nephew was to be successor probably the share would be larger and if he had brought up to succeed to position of the chief with consent of the tribe, his interest would be carefully considered and would succeed to the tribal position of chief.
If Kooro had a large share awarded to him as a leader of the tribe, I cannot say if the successor would be entitled to that share or not.
Xed by Mc Donald
There would be no reason for consulting Tapita and Anapeka before they succeeded to Maraea.
By Assessor
I knew the whole tribe agreed during Kooro’s life time to sell and lease a portion of the estate to pay for survey.
John William Allman Machant – sworn
I am Deputy Inspector of surveys.
I know Aorangi No. 1. The plans before the court were completed under my direction.
I was made Inspector of surveys in March 1879. I know the survey made by Thomson. It was commenced, I think, in 1876. It was completed under Mr William’s direction. I know the survey was stopped and there was a court case over it.
The survey was afterwards completed. Mr Thomson’s plan showed all three blocks also railway line. Mr Jillet surveyed the subdivisions of Aorangi No. 1 under contract to the government.
Xed by Dr Buller
Mr McDonald has paid into treasury £100 but not more on account of this survey. The whole cost of the contract for survey was £408 and I consider the land liable for the balance £308. I have applied on more than one occasion to Mr McDonald for the payment.
Mr McDonald stated that the delay having taken place in the survey, it was not convenient then to pay but I consider he had an arrangement about the payment with the Native Minister.
By Assessor
The survey includes Te Kohanga. It includes all Aorangi No. 1.
By court
Subject to slight modification, I consider it contains 6854acres excluding the railway reserve but including Aorangi 1A and 1B of 2 acres and 98 acres.
Hoeta Te Kahuhui – sworn
I belong to Ngati Turoa, the same Ngati Turoa spoken of yesterday.
I have heard Tapa Te Whata and Takana’s evidence. The proposition of giving 1000 acres to each family was our own. It was made by Ngati Turoa and Ngati Kauwhata.
I heard of the division viz – the names of Kooro’s family after the Foxton court. Erina was Kooro’s wife. She was a Ngati Wehiwehi and Ngati Kauwhata. Her elder sister is at Awahuri.
I have heard of all the sales and leases spoken of yesterday. They were done by me. No person in Ngati Kauwhata objected.
McDonald was made agent of Kauata six months after negotiation of Rangitikei Manawatu block in 1867. McDonald is still the recognised agent and what he did would be recognised by Ngati Kauwhata.
Xed by Dr Buller
I know a portion Ngati Kauwhata was sellers and some were not in Rangitikei Manawatu purchase.
McDonald was appointed agent for the non sellers partly to oppose Dr Buller and Tapa and to open a path for no non sellers. Tapa Te Whata came back to us at the time of investigation of Aorangi at Foxton. I am aware of sale to J. Stephens for £800. It was sold for the survey and the difficulties arising therefrom.
The first survey was Carkeeks. It was not finished. Mr McDonald and government know about the payment – they managed it.
I am not aware what became of the monies arising from the sale. It was in Mr McDonald’s hands.
I am not aware whether the surveys were paid for or not. Mr McDonald knows the sale to Bull was 400 acres. I don’t know how much was paid for it. The 400 acres were given to McDonald absolutely, he got the money. It was the love of the tribe to him. It was left entirely to him to pay or not - the debts of the hapu.
When your purchase of Rangitikei took place, the debts began viz – incurred by non sellers not by Tapa. It was non sellers love which gave this 400 acres to McDonald. The only sales I know of, are Stephens purchase and Bulls. The rest of the block is intact.
By court
I heard of 800 acres. 400 were sold and 400 remain in possession of Mr McDonald.
Court adjourned until 2 pm.
Court resumed at 2 pm.
Mr McDonald put in the following statement.
Kooro’s hare originally allotted 1000 acres
Less acres to Stephens 400 AX:
Bull 400 Ax
McDonald 400 A#
Say Roads 25
Awarded by Native Land Court as 1A and 1B 100 acres
Difference between actual 402 acres
- Area in estimated area 1727
By Dr Buller
X: - survey never paid and land stll liable.
x – no information respecting the debts.
# - was to be sold for general tribal purposes and Enereta should not be saddled with the expenxe of it. The land being still unsold and forming part of the estate according to McDonald’s own showing.
Case of Enereta.
Dr Buller called
Alexander McDonald – sworn
The £800 intended for survey was used in other ways. The £1200 from Bulls purchase was paid in consequence of litigation with respect to Rangitikei Manawatu block.
I was ordered to pay it. There is no debt due now by the tribe. The tribe have placed other large sums in my hands for payment of debts and distribution among themselves. The proceeds of a mortgage on Awahuri Reserve of £960 was placed to my credit and was expended by me in various ways, as occasion require, for payment in debts and distribution.
I negotiated a further loan on the same security of 2000 and paid off the first loan. The balance being spent in the service of the tribe - chiefly distribution amongst themselves. The mortgage still stands.
Kooro was a grantee in Awahuri Reserve and Enereta has been appointed his successor. The interest has been arrear since last February. The mortgage has advertised the property for sale. I have endeavoured to persuade the tribe to redeem the mortgage also Dr Buller’s client Enereta but without success.
Hoani Meihana – recalled – sworn
Te Kooro and I were together up to his decease.
We went together before Land Courts and our relations were most intimate in May 1877 he died. I buried him.
Kooro and I went to McDonald and spoke about matters connected with Rangitikei Manawatu. We (my wife and I) assisted Kooro in all his difficulties. I heard from him about the Lease to Bull and that he and Mr McDonald were the managers of it. I heard some discussion between him and McDonald relative to sale of land which McDonald and he proposed to the tribe to sell.
I understood half the land to be taken was to be one part on the Taonui side of the road and part on the other. At this time Kooro had not spoken to his tribe. The land, so I heard, sold to Stephens was to pay for troubles.
Xed by McDonald
If the word of a chief was spoken in the presence of the tribe, it would always remain.
Case closed.
Dr Buller addressed the court in support of his clients claims.
Court retired at 4 to consider judgement.
Court resumed at 5 to deliver judgement which was as follows viz..
That the 1000 acres for the original family of Te Kooro Te One consisting of himself, Reupena Te One, Hareta Te Kiore, Tino Tangata and the successors of Erina Te Kooro subject to a modification reducing it by 224 acres leaving 776 acres to be given to the following persons viz –
Enereta Rangiotu, Hareta Kiore, Tino Tangata
Successors to Erina Te Kooro -Winia Paora, Manahi Paora, Amiria Paora, Pirihia Paora
The land to be taken between the river Oroua and the Taonui line and between Te Kopiro and Kaiparuparu line marked sectional line 5260 on plan W.D. 356. The said quantity of 776 acres to be taken at the south western end of the piece indicated.
Fees - £2.0.0
For correction of order see Page 267.
Court adjourned at 5 pm.
Court resumed at 7 pm.
Applications were made to have certain other portions of Aorangi subdivided and that north boundary line 138-24 4600 links to roadway bounding south western boundary of Section 10 and 11 of 140 4’ 3958 and 6049-8 links and lying between Oroua River and the eastern boundary of Taonui line is retained from operation of the court until the evidence of numerous witnesses can be obtained for the girls claim.
Consented to by counsil on bouth sides that the Dr Buller applies for a survey of meritas claim in the ground of Mr McDonald applied that a further subdivision of that claim be made for the persons named in that order.
Court adjourned at ¼ to 8pm.
