Friday Nov. 8th 1872


Present:

His Honour Judge Rogan Presiding
His Honour Judge Smith
Assessor: Hemi Tautau
Clerk to the Court: M Grey
Native Interpreter: Mr G H Davies


Court opened at 10 a.m.


Major Kemp: Asked for an adjournment and hoped that it would be granted. He spoke on behalf of Muaupoko, Rangitane, Ngati Apa, Whanganui, Ngati Kahungunu (Wairarapa) as far as Napier. We want to obtain someone to assist us in arranging our affairs. We wish to have the adjournment until Monday next.


Hari Wirikaki: States that the Ngati Raukawa agree to the adjournment.


The Court informed the applicant that the Court would adjourn until Monday at 10 am and would then proceed with the business of the Court

5th November 1872.

Foxton
Present:His Honor Judge Rogan Presiding His Honour Judge Smith Assessor - Hemi Tautau Clerk to the Court M Grey
Native Interpreter Mr G H Davies

The Court opened at 10 am.

The Interpreter then read over the list of claims set down for hearing.

Mr Buckley appeared on behalf of 109 Natives and requested that the Court would permit him to appear and act as Counsel for the Ngati Raukawa.

Hoani Meihana of the Rangitane Tribe: I am a native and my tribe are natives and the tribe we are contesting with are natives. These people who have brought their land before the Court are all natives and these are the reason why I object to either party employing Counsel, Rangitane, Ngati Apa, Muaupoko and Ngati Raukawa, Ngati Toa and Ngati Awa and Whanganui and Ngati Kahungunu. My opinion of the lawyer is that it is the Court and the Assessor who has been appointed. These whose names are gazetted appear for themselves before the Court.

Henare Herekau: With regard for this application for a lawyer the people are Maori but the world is European. It will not do to go backwards. The court is Pakeha and the lawyer is Pakeha. These tribes mentioned by Hoani employed lawyers during the sitting at Rangitikei. But it was there these natives were glad enough to employ lawyers in their claims.

Tamihana Rauparaha: Asked the Court to adjourn for a day or two and that this question about the lawyer to stand over until next sitting day.

Wiremu Tamahana Te Neke: Asked the Court to adjourn in order that they might talk these matters over amongst themselves.

Ihakara Tukumaru: The Ngati Raukawa had notice to meet them and talk this matter over on Monday (yesterday). This objection to the lawyer is new that due notice was given for this meeting.

The Court adjourned and informed the natives that a larger building would be required of which due notice will be given.

Court adjourned until Wednesday the 6th.

Thursday November 7th 1872


Present:

His Honour Judge Rogan Presiding
His Honour Judge Smith
Assessor: Hemi Tautau
Clerk to the Court: M Grey
Native Interpreter: Mr G H Davies


Court opened at 10 a.m.


The Court adjourned yesterday at the request of Henare Te Herekau, relative to the application of Mr Buckley to appear for Ngati Raukawa, and now asks what conclusion they have come to with reference to Counsel.


Henare Te Herekau: Appeared and stated that no further adjournment would be asked for and that the business should proceed and now ask that the land from Kukutauaki to Whakatupua. The claim of Akapita Te Terre (?) should be preceded with the Range of Tararua is the boundary on one side and the Sea on the other.


Hoani Meihana: I was the only man who spoke about the lawyer on the day on which the Court opened, and the Court understood me to object to him and now object.


Kawana Hunia: I am now speaking for three tribes: viz Rangitane, Muaupoko and Ngati Kahungunu, and we object to the Court investigating the claim Kukutauaki but as to the Counsel appearing I have nothing to say about Counsel appearing. My reason for objecting is because it is my land and it is [because of] this that I have not employed Counsel. The Government are aware that we have arrived here in Court. I did not say anything about this at a distance. I came here to say it.


Hohepa: I appear to speak about Rangitane, Muaupoko, Ngati Kahungunu. I object to Counsel being employed. I object also to this claim being brought before the Court. These lands that have been gazetted belong to me and my tribe and we object to there being an injunction on by the Court.


Petit te Aweawe: Appeared and stated he belonged to Rangitane and speaks for them. We object to Counsel appearing. Ngati Raukawa are Maoris and so are we and the only Europeans we want to see here is the Court. This is all I have to say.


Matiaha Mokai: I speak for Ngati Kahungunu, Muaupoko, Rangitane, Ngati Apa and Whanganui tribes. Thus I am the speaker for those tribes and we object to Counsel, Assessor and the Court investigating any claims within these boundaries Tuwakatupua, Tararua Range and Manawatu River.


Pirimona Te Urukahika: Ngati Kahungunu is my tribe and I live in Hawkes Bay. I object to Counsel also the Court.


Tutere


Court asked Henare Te Herekau if he had anything to say in answer to Hoani Meihana’s statement that Ngati Raukawa were Maoris and his people were Maoris and that was the reason he objected to Council being employed.


Henare: Hoani Meihana is not a stranger to the employment of Counsel for he has employed Counsel on former occasions. Counsel was valuable to us all at Otaki we Saw the advisability of employing Counsel. Hoani Meihana had better obtain Counsel. I have got mine.


Hoani Meihana: Huru asked to be allowed to say a few words about Counsel. I object to his appearing and for this reason the Counsel is interested in the land.


The Court informed the natives that after considering the statements about Counsel they had resolved that Mr Buckley could not appear as Counsel for Ngati Raukawa but that he could watch the case on their behalf without interfering.


Kawana Hunia: Stated that the Court was constituted according to law and that persons could come into Court and have their claims investigated. [deleted sentence].

The Court informed Kawana Hunia that it could not listen to his protest against proceeding with the investigation. The Native Land Court was established by law and natives had a right to bring their claims before it if any person claimed land that did not belong to him the Court was open to those who disputed his claim and the court would hear both parties but it would not dismiss or refuse to hear a claim at the biding or desire of persons who merely asserted a counter claim without proving it by evidence. The Court could not listen to a mere protest against its jurisdiction and would proceed with the claims set down for hearing. As no plan of the Raukawa claims was ready for production in Court it was decided to adjourn to the following day to give Raukawa time to arrange for conduct of case. Counsel having been refused – also to give time to opponents to reconsider their expressed intention of not proceeding with their counter claim.


Court rose at 11.30 am