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Page 348

Wednesday March 25th

Court sat at 10am
Present same judges and assessors

Himatangi – continued
Moroati Kiharoa – sworn
Moutoa – Manawatu – Ngati Pare – Ngatiraukawa – know the land between Rangitikei and Manawatu and said to be sold to crown – I have no land in the Rangitikei – Manawatu block – had land formerly on the other side of Manawatu – had lands in the Awahou block sold by Ihakara (named) the lands named belonged to Ngati Pare – at the sale of Awahou all our lands on that side of Manawatu were sold ‘pou katoa’ – our lands now are on this side of Manawatu all Ihakara’s and Patu Kohuru lands on the other side of Manawatu were sold ‘pou katoa’ – ‘kahore I tu ki taku mohio’ – I signed the deed of sale of Rangitikei Manawatu block – I did so – Ihakara took me to Mr. Buller and asked me to sign – I said get me £100 – that I may have something for my reputation as I was seller – they offered me £10 – after this Nepia wrote me to say that he had taken money for Rangitikei – Mr. Buller again offered me £10 and I again asked for £100 – Mr. Buller referred me to Nepia – Nepia said ‘ae, kei au te whakaaro’

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I thought Nepia consented to give me the £100 I then signed on this understanding – they went into the room and came back and offered me £10 – I refused to receive it – Katipo was there and many others who could state that what I have stated is true

Cross examined by Mr. Fox – I did write a letter with Parakaia to Canterbury press stating that the land was mine and I would never sell – I joined the non-sellers in holding the land and that was why I signed the letter – I joined because Ngatiraukawa is my tribe – and my ‘matua’s’ – I did not say the land was mine – don’t think it was ‘he’ to write that letter – I signed the letter – Parakaia did not promise me money or anything else for signing that letter

By Mr. Williams

The reason why I objected was because the land was being sold by Ngati Apa – the only interest I had was my connection with the ‘hapu’s’ who owed the land and the Pupuri of Ngatiraukawa

Hoani Taipua – sworn
Otaki – Ngati Pare – know the Rangitikei Manawatu block said to be sold to the crown – I had no land at the time of the sale – our lands are on this side of Manawatu – had land on the other side of Manawatu formerly – when

Page 350

These lands were sold all my land went – as far as I know all Ihakara and Patu Kohuru’s land was sold at that time am not ‘tino mohio rawa’ whether they had any land or not in Rangitikei Manawatu block – they had no land before the occupation by them of Tawhirihoe – before the dispute with Ngati Apa – about 3 years ago – I have signed deed of sale –

Cross examined by Mr. Fox – I got money – I did not tell Mr. Buller that I had land there – I did not say so to anybody – Mr. Buller said that the more who signed the more more money there would be – I received £25 – I don’t know – Mr. Buller gave it to me – never said I had land there – was at Parewanui – Mr. Buller said all who had signed were to go there – I signed were to go there – I signed at Otaki

Re examined by Mr. Williams – I had heard that other ‘hapu’s’ – Ngarauru – Ngati Kahungunu and others of my ‘hapu’ who have no land have signed deed – I believe Thompson has signed – he has no land there – none at all – Ngati Toa have no land ther now – it is Mr. Buller and Dr. Featherstones plan to get people to sign who have no land – we were not asked whether we had land there – if we had been, we should have said we had none – our names were signed without being asked

Page 351

Examined by Mr. Fox – the deed was read
Mr. Williams – put in list of protests and documents referred to by him on the 20th [unknown word] pp 109 (pp292 this book) read from appendix to journals of house of representatives 1866 – in Maori – list {symbol)

Mr. Williams – stated – that the case for claimants was completed
Mr. Fox – asked for admit of further hearing to Friday March 27th to give him time to prepare the case for the crown

Further hearing adjourned to Friday March 27th at 10am
(continued at pp 369 in this book)
Court adjourned at 12.30pm to 2pm
Court resumed at 2pm

Pahianui no4 – Tamihana Te Rauparaha continued pp 134
(from pp 347 in this book)Ururoa Ripia – continued to speak truth – live at Otaki – of Ngatiraukawa – know this land – I was present after the survey – was there after survey and saw the [‘pegs] – that the land belonged to Te Whatanui first – he gave it to Te Tuahu – I came here – Te Whatanui told him to go and cultivate Pahianui – he went with a party of 10 persons ‘na te tuahu to waerenga na Ngatiraukawa I tua’ – it was burnt off and planted by Ngatiraukawa and Tuhourangi – in two years the ‘pakanga’ with Ngati Awa – [Haowhenua](think this word is Horowhenua) occurred and after this Te Tuahu returned to Rotorua and left the land to Te Huirae who was partly Ngatiraukawa and Partly

Page 352

Tuhourangi – in a year afterwards Parakaia and others of Te Tuahu’s people returned to the piece making with Ngati Awa and went back to Rotorua leaving Huirae and others of Tuhourangi at Pahianui and Hurihangataitoko – I was there 4 years but left it remembering it was another man who felled the bush and I might be turned off – the 2nd year of my cultivation 20 or 30 of Tuhourangi and Ngatituara came and occupied Pahianui and built houses which were occupied up to the time of coming – to the town – some of the houses are still there – the portion claimed by Paranihia belongs to Ngati Te Upokoiri – it was given by Te Whatanui to his ‘heke’ – his ‘taokete’s’ Ngati Te Upokoiri – the boundary of the piece given to Tuhourangi and to Ngati Te Upokoiri is the fence A B and on to the river –Tupe of Ngati Awa put up that fence by direction of Matenga Te Matia as a boundary between the Tuhourangi claim and his and his wif Paranihia Whawha a neice of Whatanui’s – I and Te Matia pointed out the boundary – since then Tamati Te Rohu, a grandson of Te Tuahu, came and found Te Huirae and others of Tuhourangi still occupying – Tamati came after the town was occupied – Tamati tried to cultivate but he was not permitted by Tamihana – Te Rauparaha cultivated there – Te Akau (Rauparaha’s wife) was

Page 353

On our sister of Te Huirae and Rauparaha went to the land of his ‘Taokete’ – when 20 and 30 of Tuhourangi came Rauparaha had left the land to Tuhourangi – he did not return to this land – he did not cultivate it during the time he lived here in the time before his death – Tamihana did not cultivate there until after his death 2 years – his ‘Take’ was Huirae – he only cultivated 2 years – in my opinion that land belongs to Tuhourangi to Tamati as representing Te Tuahu – there are as many as 20 persons interested

Cross examined by Tamihana
The land was given to Te Tuahu by Te Whatanui – I know that you cultivated 2 years – did not suppose you were assenting a claim – I left lest I should be told to go and I left the land to you and your people – Tuhourangi were your people – at least they were Rauparaha’s – though you may not acknowledge them – I know that you cultivated but do you mean to say that Te Rauparaha ever meant to turn off those who owned the land –

Pene Te Ruapuia – sworn –
Of Otaki – Ngatiraukawa – father Huirae was Tuhourangi – know the land under investigation – the year of Kaiapou we came from Rotorua to seek guns and ammunition – Te Akau was Rauparaha’s wife – my father Huirae and Te Tuahu

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Came to his ‘Taokete’ – Te Rauparaha – who was then at Te Rekereke – we went there and were ‘pana’ from there and asked Whatanui for a piece of land and he gave us Pahianui - it was then a ‘Ngaherehere’ – 20 of Tuhourangi cleared it – names persons who commenced the clearing after wards Ngati Raukawa cut down the ‘tuhea’ for us and we Tuhourangi then burnt it off and planted – cultivated 3 years and then Te Tuhahu returned and left 20 of his party in occupation – 30 returned with him – 20 years after ‘heke’ of Ngatu Tuara came and found the persons left by Te Tuaha in occupation and ther were admitted – after this another party came and after this another – I consider that the land belongs to Tuahu and to Tamati Te Rohu and to us – at the time of the selling of the town we provided a stone, at a cost of £7, for the grave of Te Tahuri , Whatanui’s son, as a gift of love in remembrance of his fathers kindness to us in giving us the land – a short time before this time Rauparaha cultivated but we did not suppose he claimed the land but that he was merely cultivating – Te Tuahu land – 3 years returned to Kaputi and shortly after that he was taken to Auckland – he came back and lived here and having no cultivation here Tamihana went to Pahianui again and cultivated for 3 years – worked together with Tuhourangi – Matenga Te Tiaki Onehuru I and others Raharuhi and Eraia and others worked with him – ‘te ao katoa ta matou mahi’

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3 years of this and then he went away – at the time of cultivating with Tamihana – I was living on the land – my house was there – and Te Raturoa and others there were 3 large houses on the land – Hamahona had a house there also – Tamihana had not – don’t know how long I lived there after Tamihana left us – came to the town here and went backwards and forwards

Rupuhe Takioinoa – sworn
Otaki of Tuhourangi – know the land – have not seen the surveyors marks – know that Pahianui belongs to Tuhourangi – I came after Te Tuahu found him here – he was at Rangiuru – after the ‘ope’ to Kaiapohia we got up to clear this land – Pahianui – it had been given by Te Whatanui to Te Tuahu – (same evidence as last witness about clearing and planting) – after Haowhenua I went back to Rotorua with Te Tuahu the land was left to Te Huirae – and Nga Tawa of Tuhourangi – went backwards and forwards and finally came here at the building of the church and found the land in occupation of Ngati Tuara heard that Rauparaha was occupying the land – heard that Tamihana wanted to make Ngati Tuara a ‘kai mahi’ for him – Natanahira came afterwards – Parakaia wrote a letter to Tamihana

Page 356

To ask for Pahianui to be given to his son Tamati – Parakaia is Tuhu’s son – case for Natanahira as counter claimant closed

Tamihana Rauparaha – in defence –

Ruta Rauparaha – sworn
I am wife of Tamihana Rauparaha – of Ngati Whakatere – Ngatiraukawa – know the land under investigation has not seen the surveyors marks – plan shown to witness – recognise land – when we Te Rauparaha and we went to this place Ngati Tuara and Tuhourangi were there cultivating , they had claimed but a small portion – afterwards a larger portion was cleared – this was before Haowhenua – did not hear of the reason why they were there except the Te Akau, Tamihana’s mother, was of that people – Tamihana is one of them – her ‘tungane’ they came to Te Akau who was Rauparaha’s wife – they were all together but it is but it was jealousy that has made them turn round upon Tamihana now – while Te Akau and Te Rauparaha were alive we ‘mahi tahi ki taua wahi’ with Ngati Tuara and after his death at first we ‘mahi tahi’ and after Ngati Tuara drew off they were not ‘pana’d’ they simply went away – perhaps because the ground was not productive – don’t know how many years after Tamihana went to England I cultivated and was cultivating when he returned – Ngati Tuara had then drawn off

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(while Tamihana was away) – Tamihana then cultivated it and planted it – I cultivated while Tamihana was away and emploey Ngati Te Ihi Ihi to help put in the crop and harvest and thresh - - the place where the wheat grew was fenced in – don’t know how many sacks there were probably 15 large bags of wheat (60 bushels) – have not cultivated at Pahianui since we went to Ngawhakangutu

Cross examined by Natanahira – I did not see you cultivating the year you came here – I suppose Tamihana is the owner

By court – I considered that the land belonged to Te Akau and to Te Rauparaha who took the land and gave it to Ngatirauakawa

Court adjourned at 5.15pm until tomorrow

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