Monday 17th October 1881

Present – the same Place – the same

18 Whakapawaewae – continued

By Maaka

Karipa Te Kapakai

I live at Otaki. I belong to Ngati Huia hapu of Ngati Raukawa.

I know the piece before the court. It belongs to Aperahama Te Ruru, Parakaia Te Poepa and Te Maanga. Those were the old people who worked on it. The whole of the piece included in survey belongs to them.

Te Rauparaha’s piece is at the eel weir on the south boundary. I do not know whether the claim ----- to the land. Te Rauparaha’s eel weirs did not extend beyond this weir. In 1873, I saw your negotiations on it. The only claim Te Rauparaha had was the eel weir.

Manahi Te Humu has no claim to any of this land.

Xed by Wallace

I say that this land belongs to Maaka’s relatives because all along they have had eel weirs on it.

Te Rauparaha gave this land to them. They did not catch eels at Te Rauparaha’s weir.

Re-exed by Maaka

The stream flows threw the block.

Xed by court

Te Rauparaha killed his eels on his own land within the block now before the court. There were a great many slaves of Te Rauparaha who worked his weirs.

Hape Rangitewhare – sworn

I live at Otaki. I belong to Ngati Huia hapu of Ngati Raukawa.

This land belongs to Ngati Turanga. No one else has any claim there.

The eel weir owned by Te Rauparaha was at the south end of this piece and at the Rere of Manuka.

Manahi has no claim on this land.

Ngati Turanga cultivated near the northern boundary.

I never heard that Te Rauparaha’s mana extended over this piece. It was only at his eel weir.

Xed by Wallace

It was after Te Rauparaha that Ngati Turanga worked this land. Te Rauparaha invited them. They came and seized this piece. Te Rauparaha had the mana over all the land. Te Rauparaha’s eel weir is on the side of the road within the block.

Aperahama and others had cultivations near the northern boundary. This piece was not all swamp. The swamp has been drained by Europeans authorized by Ngati Turanga. I merely heard the drain is quite recently. This piece has not been heard by the court before this time.

By Maaka

A ditch running from the east towards the west in about the centre of the block and then ran north was made by you.

By Wallace

Te Rei Parewhanake – sworn

I live at Otaki. I belong to Ngati Waihurihia hapu of Ngati Raukawa.

I know the piece before the court. I do not know if Ngati Turanga has a claim to this piece.

Te Rauparaha and Matene were the only ones who had mana over this piece. Whakapawaewae was Te Rauparaha’s eel weir.

Te Rereamanuka was an eel weir of Matene Te Whiwhi.

By the court

The pa on the north side of the boundary belonged to Te Rauparaha and Rangihaeata. I never saw any cultivations on this piece. I did see some of the Ngati Turanga catching eels below Te Rauparaha’s and Matene’s eel weirs. They had no names for for their weirs.

Maaka and others have no claim to this piece.

By Maaka

The pa of Te Rauparaha and Rangihaeata was along the western boundary at edge of the swamp. The Totara eel weir is outside the eastern boundary. There is no running stream in this swamp. There is flax growing in this swamp.

Te Rei – sworn

I live at Otaki. I belong to Ngati Huia hapu of Ngati Raukawa.

I know this piece. I have a claim to it through Te Rauparaha. He was the owner of it. I only heard that he worked on it. He gave a part to Te Rarangi to cultivate kumara on outside the stream from boundary of this piece. I do not know if the gift extends to the swamp. Te Rarangi and Te Rauparaha were the owners of this piece.

Te Rarangi’s descendants did work on this piece and also Te Rauparaha’s descendants.

Xed by Maaka

I did not see your cultivation on the piece or your ditch. I only saw flax growing on it. The only eel weir I know of belonged to Rarakaia at the Totara.

James H. Wallace h.c

I live at Otaki. I belong to Ngati Kikopiri hapu of Ngati Raukawa.

I know the piece before the court. It is mine. I claim through my relatives. They had eel weirs on it also. I claim through Tamihana Te Rauparaha. He was the owner up to his death then he left it to me.

My mother also has a claim there. Tamihana worked the eel weir afterwards invited Okoro to look after it. Whakapawaewae is the name of the eel weir. It was called so through the eels swimming about the feet of my relatives so hence they were looking for them. The bridge is also called by the same name. Tamihana super intended the erections of the bridge. The Ngati Huia was with him. He did not invite the Ngati Turanga to come and assist making the bridge or the road. Tamihana claims through his parents Te Akau – Te Rauparaha’s wife. I claim also through her. She was the principal woman an who ordered other women – flax to be cut in this swamp for herself.

I am not aware that anyone else has a claim to this piece.

By Maaka

There were no cultivation on this piece - only eel weirs. Te Rauparaha’s slaves used to spear eels in the middle of this swamp. I have not seen the drain on it.

I have seen an eel weir (Totara). It is not inside this piece. Te Akau is my grandmother.

By court

My relations worked on this piece under Te Rauparaha’s mana.

Case closed.

75 Haruatai

Claim of Piwiki Hape and others.

No plan – Dismissed

36 Katihiku No. 9

Claim of Matene Te Whiwhi and other included in Ngakaroro No. 3 – Dismissed

28 Katihiku No. 9

Claim of Karepa Te Kapukai and other included in Ngakaroro No. 3 – Dismissed

65 Katihiku No. 9

Claim of Matene Te Whiwhi and others included in Ngakaroro No. 3 – Dismissed

13 Katihiku

Claim of Matene Te Whiwhi and other included in Ngakaroro No. 3 – Dismissed

23 Pahianui – (continued from 128)

Claim of J. H. Wallace

Pene Te Hurae

I live at Otaki. I belong to Ngati ---- of Ngati Raukawa.

I know the piece at Pahianui. It is the piece on which our wooden house stands. It belongs to Eraia. It was given to him by Te Hurae. Te Whatanui gave it to him and Te Tuaho.

Tuaho’s piece was given by Tamihana. Tuaho belongs to Ngati Turanga. They cultivated in common.

Piripi Te Rangiatahua has no claim on this. We all cultivated on this piece. We lived a great many years on it. We fenced it three times. Piripi was alive at that time but did not work thereon. He did come and distur us and Natanahira tore all his clothes.

This house has been standing for fifteen years. This land was leased after the house was built to Mr Bell.

Piripi died prior to the leasing, neither J. H. Wallace nor Ria did not appear until the survey. This land is included in my paddock which I have fence in five times.

Eraia was my mother’s brother. Rina Te Akau has a claim to this piece through relationship. Te Akau is still living on this piece. The house is our permanent residence.

I assert that Piripi has no claim at all to this piece. He never had a house there. He was living at Waikanae.

Xed by Wallace

I am Eraia’s nephew. I claim through him. He and myself cleared this land of bush. Piripi did not assist us either with axe or shovel. My house is on it.

Xed by Hema

Eraia Hakiaha, Kaharuhi the owners are all dead. Kipihana is the only one living. They never gave any of this land to anyone. Wallace did not disturb me.

Xed by court

Piripi was a relation of mine (Tuakana) also to Te Tuaho Hurae. A piece of Piripi’s was included in the part taken by Tamihana. Piripi’s descendents have no claim to this land.

By Hema

Te Akau – sworn

I live at Otaki. I belong to Ngati Tuara hapu of Ngati Raukawa.

I know the piece before the court. We claim through Te Whatanui. I know the people who lived on this piece.

Kipihana, Raharuhi Hakiahu, myself, Pene also. These are of Ngati Tuara. Others went up north. The land south side of this piece has passed through the court.

Piripi is a brother to me. He did not work on this piece. His permanent residence was at Waikawa. He married a woman of Ngati Tihuhi. He did not work or build any house on this land. It was given a long time ago to us by Te Whatanui to Te Tuaho and Huirai. They lived and cultivated on it down to the present time.

No person has disturbed me on the occupation of this piece. I have worked it every year. I have a house on it. It is a pataka close to the survey line near the town. Wallace did not come and say part of it belonged to Piripi.

By Wallace

My houses have been on this piece a great many years. I did not have this piece surveyed because I understood that it was included in a former piece. Piripi never cultivated or fell bush on this piece. It was my parents and brothers who cleared this land of bush.

Kepa Kerekere – sworn

I live at Otaki. I belong to Ngati Moewaka hapu of Ngati Raukawa.

I know the south side of a certain fence. Kipihana abuts my piece, Eraia’s piece abuts Wiremu’s and Kingi’s piece. I knew it from the time it was cleared of bush. There was no fence at that time. This was in the year 1831. Pene, Rawiri and others put up the fence on the northern boundary.

Eraia had interest in this piece. I have seen him working on it. He died at Otaki. Pene and Te Akau are the people who are living on this land at present. They had lived on it prior to the erection of the fences. They also lived at Te Wairarapa which was their permanent residence.

I did not see Piripi working on this piece. I knew him well. I saw him working on the piece taken by Tamihana.

Hema’s case closed

Tewiata – sworn

I live at Otaki. I belong to Ngati Te Horu hapu of Ngati Raukawa.

I went with Wallace to see his northern boundary of the piece before the court. They are correct.

Hohaia Te Pahau – sworn

I live at Poroutawhao. I belong to Ngati Huia hapu of Ngati Raukawa.

I know the piece before the court. Piripi is the owner of it. He fell the bush off it. I was present with him. We both cultivated it. No one disturbed us there. The first fence was a large one which included all Pahianui. Piripi belonged to the Ngati Tuara hapu. Piripi was never disturbed in his possession of it. He died while in possession.

I am quite certain that this piece belongs to him.

Xed by Hema Te Ao

I had the piece west of Piripi next to me Rangiwaitu, next to him Hakiaha next to him Raharuhi. We cleared these pieces. That is our claim at the present time. Te Akau owns the present fence standing.

I was living at Poroutawhao when Piripi died. It was in 1856 when I went there. I am a monitor of the English church. It was in 1840 that Christianity was first introduced into Poroutawhao. I was there then. Piripi worked his piece at the time. I worked mine. He had no house there. It was in the town. He used to go and cultivate there. Piripi had a house in the town which was close to his piece of land. I had no house on my piece.

Xed by court

Piripi and myself worked our piece for a number of years. I went to Poroutawhao in 1856. The Ngati Tuara had their plank house on Tamihana’s land. This house belonged to Hakiaha.

Manahi Paora – sworn

I live at Waikawa. I belong to Ngati Wehiwehi hapu of Ngati Raukawa.

I know the piece before the court. It belonged to Piripi. I do not know how he got it. When I married his daughter, I came and lived on it and cultivated there. When I found it was owned by Piripi, he told me to work there – the portion in the centre of it.

I am quite certain that this piece belonged to Piripi.

Xed by Hema Te Ao

It was in 1864 that I worked on this piece. It was then fenced in by Ngati Tuara.

I understand from Piripi that the northern and southern fences were erected by him.

I was two years on it. At the time we worked there, I saw Te Akau there. Piripi was then living at my house in the town of Otaki. I heard that Piripi had a house on one of the sections alongside of Tamihana. He did not work there. After he left it, I only heard that he cultivated there and fell the bush. I think that it was in 1866 that Te Akau erected her house. We only worked two years on this piece. Piripi objected to Te Akau’s house because it was partly on his land.

Ria Piripi – sworn

I live at Waikawa. I belong to Ngati Wehiwehi hapu of Ngati Raukawa.

I know the piece before the court. It belonged to my father. I knew that it belonged to him. I lived, cultivated and grew up on it.

Te Whatanui gave it to Piripi. He built a house on the south end of the piece near Tamihana Te Rauparaha’s piece. No one disturbed us on it. My fathers’ wife died in the house. Our principal residence was at my husband’s in the town. No one else has possession of this piece.

Xed by Hema Te Ao

I heard Hohaia’s statement. I heard him say that Piripi had no house there.

Hohaia was not present when Piripi built the house mentioned by me. Hinerona died on this piece and not at Tamihana’s. It was only their child who died there.

Piripi did go back to this piece when Paora and myself left it. He was then assaulted by two men and two women.

Xed by court

I was very young when the bush was cleared off the land.

Piripi and Hohaia worked alongside each other. I was present when Piripi built the slab house. It had a Nikau roof. We lived there till Piripi’s wife died.

The house was burnt by him becase it became tapu on account of his wife’s death. She was his last wife.

The small house mentioned by Pene was built after Te Akau’s house was built. It was after the quarrel that her house was built.

Case closed.

Court adjourned till 10 am tomorrow.

Saturday 22nd April 1876

Court opened at 10am. Present the same. Place the same.

Paremata

Tamihana Te Rauparaha and others.

The court having informed by Rawiri Te Wanui that these claims of Paremata had been in 1868 and no evidence of it being in possession of the court the claims were adjourned until a future sitting in order that the court in the meantime might obtain the evidence taken at that hearing. (Kapiti No.2 __ 1868 produced__ to notice of __ being advantage). Adjourned to future sitting.

Otaki Pa

(New claim) Hema Te Ao (20acres) Plan produced number 3364.

Hoani Taipua sworn. I belong to Ngati Raukawa and live at Otaki, I ask to have this land awarded to the whole tribe of Ngati Raukawa and all its hapu’s then we can arrange about the names to go in. This wasn’t a cultivation but the site of an old fighting pa therefore it belongs to the whole tribe. It may be also regarded as a burial place as many of the Ngati Raukawa are buried there. This land was let as a Ferry reserve under Rauparaha’s management the government paid him £20 per annum. The money was divivided among the tribe for about 12 or14 years after which Tamehana proposed investing this money in sheep for the benefit of the whole tribe he has never has produced the sheep nor does he pay the money to the tribe.

This is the reason the tribe had this piece of surveyed the government surveyed this piece as a tribal reserve. I went to Manawatu and told the Ngati Raukawa there that we wished to have it surveyed, they agreed I also went to Porotawhao I told the Ngati Huia the same thing they consented on my return I had a meeting of all the people here and around and they all agreed. I include Ngati Toa, Tamihana Rauparaha and others in this claim.

Objectors called.

Matini Te Whiwhi sworn. I belong to Ngati Raukawa and Ngati Toa and live at Otaki. The people who came here first before the Ngati Raukaw were the Ngati Hinetua, Ngati Wakaire and Ngati Tama they lived here and subdivided this land they were here about a year and a half. We fought with them and they went to Waikanae afterwards we had another fight and drove them away again subsequently some of the Ngati Raukawa came down with Ahukaramu and they returned with a message from Rauparaha for all the Ngati Raukawa to come here.

After they went away we built a Pa inland of this. The place nearer the beach was a sacred place because Pehi’s children had been eaten there. Ngati Raukawa went to Kapiti when they first came down they came ashore after 2 and half years with Ngati Toa. There was a meeting held and the Ngati Toa proposed that the Otaki river should be the boundary between them and the Ngati Raukawa. Afterwards the battle of Horowhenua took place about 1833.

Their allies from the North went away after this the Ngati Raukawa went to Taupo, Rauparaha was with them, Ngati Toa came from Kapiti when they heard of it in a canoe they went to Ohau caught Ngati Raukawa there and kept them in the district but they did not return to this Pa. Ngati Haua also went away to Waikanae they wanted to sell their rights they said they possessed up to the Otaki river. I heard of this when the surveyor came up. I went to Waikanae to object to this and the boundary was fixed between us at Kukutauraki. Much later on Tamihana, Matia, Hukiki, Pairaraku, Te Moroate and others wanted a public house put up on this land the majority of Raukawa objected. I was with the majority of the tribe an opponent to land selling I object to the Ngati Raukawa having anything to do with this land they have never had any cultivation there I have not lived there since Horowhenua. We were there long before I have never given it up Rakapa is living there.

Cross examine by Hoani Taipua. Rakapa’s house is not on this claim but her mana is over all this land down to the beach. It was the old ship who made the Otaki River the boundary between us and Ngati Raukawa it was before Horowhenua. You have succeeded in getting 27000 acres on the south side of Otaki in the same manner as you are attempting to do now. I have no claims on this side of Otaki my claims for Paremata was for nothing beyond my cultivation. I heard __ __ of this land was divided amongst the whole tribe. I got £10 Tamihana and have never had any more since Pawaroku and the others I mentioned were Ngati Raukawa. This was a Pa belonging to the whole tribe but the bones of my sisters are there. There are a lot of Raukawa buried there this place was occupied first by Ahukaramu at the request of Waitohu and subsequently others build houses there and it became a Pa.

The court adjourned until 2pm in order that a list of names may be submitted to the court for insertion in memorial. The claimants came into court and stated that they would have the names ready on Monday. Hoani Taipua appied to have the court adjourned as they wanted Saturday afternoon to get food together for Sunday. Mr Booth recommended the application which was granted. Court adjourned accordingly.

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

Wednesday the 6th Nov. 1872

Court opened at 10 am.

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


Henare Herekau: I wish to speak to the Court respecting the Counsel. Ngati Raukawa, Ngati Toa and Ngati Awa have agreed to the Counsel appearing. I appear on behalf of these native tribes. I also apply on their behalf to have the Court adjourned until tomorrow. I see they are all assembled and it is that all the tribes may meet outside, and not come into the Court bearing malice to each other and that they may have nothing to say except what refers to the Court.


T Rauparaha: Asked that the papers relating to the lands between Rangitikei and Manawatu also Wellington may be laid before him. Wish to see the decision of the Court in these lands.


Hon Mr Parata: I understand an application has been made for an adjournment that the natives may talk amongst themselves. I think the adjournment should be granted.


Hoani Meihana: Appeared and stated that he agreed to the adjournment.

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.

On 27 October 1839 three significant events occurred which were to influence the course of our local history. On that day the last inter-tribal battle took place near Waikanae; Colonel William Wakefield arrived at Kapiti Island aboard the' 'Tory' to buy land; and the first European churchman, Octavius Hadfield arrived in Horowhenua to establish a mission station.

Thursday April 9th

Court sat at 10am

Present: Thos H Smith - Judge

W. B. White and J. Rogan - Judges

Same Assessors

Himatangi - continued -

Mr Fox stated that he should now call Ngati Raukawa witnesses.

Horomona Toremi - Sworn

Otaki - Te Patutukituki, Ngatiraukawa and Ngati Whakane -

I was with Nepia Taratoa - ws with him at his death and was left by him in charge of his eldest son - has a document to this effect - came here with a 'heke' of Ngati Raukawa - the east 'heke; between I and 2 years after Whatanui's 'heke;

I don't know anything of Whatanui's 'heke' - the land had been taken by Rauparaha.

I came down the Rangitikei to Te Awamate - there were 200 men of my 'heke' - Moko Moko Chief of Ngati Apa was there and Te Ata and Tutahi - we crossed to Pukepuke where we found Te Rua, Chief of Ngatiapa and Tuawhea and Peketau (Ratana's father) with his wife - we came on to Ohau (Ngatiapa received us hospitably and gave us eels and fern root) - came on to Otaki - we found the first 'heke' of Ngatiraukawa there at the mouth of Otaki and tangi with them - then the expedition to Kaiapohia - my 'heke' remained here to collect flax and cultivated here that year - at a place called Taranaki (3 acres) near Katihikie.

Aperahama Te Ruru and Parakaia cultivated - I came across to Te Roto Whakahokiri to my fathers cultivation (Haerewharara the brother of my mother).

I went to Huritini to collect flax - went to Okaka at Ohau and to Te Rata which belonged to Ihakara's 'tupuna' Iaikapurua - I returned to Otaki - then the 'heke' of Ngatiruanui, Taranaki and Ngatiawa came to Ohau there were about 1000 men of them - they came on here and 'Ka patu e Ngatiraukawa'

Tawake a Ngatiwawa Chief was killed - this was the Haowhenua business - when the Ngatiwawa of Waikanae (the 1600) heard that this 'pito' of them had been 'patued' they came from Waikanae and built the Haowhenua 'pa' - Ngatiraukawa fought and 2 Ngatiruanui's were taken to the 'pa' and 3 of the Waikanae 1600 - Ngati Tu wharetoa - Te Heu heu - Waikato - Ngati [Marui - undecipherable] Whanganui Te Reanuku (Tohi's brother) Ngati Whakane.

We were there one year - we had been surrounded by the enemy when his sucessor arrived and saved us - there was a fight between these allies and Ngati awa at Te Horowhuo. Tupe o tu and Te Hau te Horo fell - Ngatiawa came back to Haowhenua, a fight ensued and Papaka of Te Wharetoa and Te Hika of Ngati Whakane fell. We then went on to Waikanae and on our return came along close to Haowhenua 'pa' Ngati Awa and Ngati Toa (Kataha a Ngati Ta=oa) sallied out and killed some.

Rauparaha was with Ngatiraukawa. Rangihaeata was with the Ngati Toa who sided with Ngati Awa.

After this the allies returned and then we left our 'pa' - we ran to Ohau and stopped there - we were afraid of Ngati Awa - 'Ka Pakaru' the 'Kohainga'.We remained at Ohau - Ihakara and his 'tupuna' Tai Kapurua went to Manawatu - Te Hiko and Chiefs of Ngati Toa then followed Rauparaha in canoes and brought him back again.

At Ohau Rauparaha embarked to go to Kapiti. Rauparaha Te Whatanui - kiharoa Te Puke, Te Matia and Ngakuku of my 'hapu'.

My tribes remained at Ohau, Nepia Kuruho Aperahama Huruhu - (Ngati Parewaka waha). and (Patutukituki) Haerewharara, Honerite and I - then we went to Rangitikei.

We went 'ki te whakahoa i a ngatiapa' - we were not invited but went of our own accord - don't know about Hakeke inviting us - we went there after Haowhenua and made friends after we got there - there were 60 men who went - some joined us on the road on the other side of Manawatu - Kingi Aho aho was one - we went up and found Ngatiapa at Te Ana - - 40 of them - (Names Chiefs of Ngati Apa there) - Ngati Tupataua a 'hapu Rangatira' of Ngati Apa - lived together with Ngati Apa - Hunia's tale about our going to Matahiwi and Waituna to Hakeke's 'pa' is correct -

We left Waituna and came to Te Ana and built a 'pa' on the other side of Rangitikei - built it with Ngati Apa - we had become one tribe and lived together - after 2 years stay there Kawana Paipai's father Tawhito came - came to ask us to avenge some Ngati Apa Chiefs killed at Waitotara - We went and Kiatanui at Waitotara was taken - I took a Chief of Ngati Apa Takanirangi and let him go - Tapa's brother also shot a Whanganui.

We returned to Te Ana and Whanganui attacked Ngati Papa at Whangaehu and killed Whainga Piking as 'tua kaua' in payment for those who had been killed of their tribe - Turangapito sent for my father to go with the 'tawa toto' and to bury Whainga who had been left to lie where she was killed - went and at Whangaehu were surprised in the night by Whanganui - a 'pononga' of mine (Turingonge) was taken and we bolted into the river Ngati Raukawa and Ngati Apa - I and Turangapito held them - Whanganui rushed on us and captured Haerewharara's brother and carried him off gun and all --- this was about 4am.

I rallied our party and killed Takarangi and Whanganui bolted and left him. We returned to Te Ana and then crossed Rangitikei being afraid of Wanganui, Tapa's father Te Wata Heino Kanga and Pukerimu Ngati Kauhata Chiefs - came to see us and Ngati Tuputaua 'hapu' of Ngati Apa pointed out land for us to occupy.Rangitane up Rangitikei - Tomo Kauga was also a place were we were allowed to go to get 'Kakariki' and Te puta Te Rake hou.

We had a 'Waerenga' at Te Koeka near Rakehou - Hakaraia Pouri (NgatiApa) Te Rongo (Ngati Raukawa and Manihera aki (NgatiApa) Te NgaWha (NgatiApa) - after a time left... [the rest of this transcript is in part 2]

Monday Nov. 11th 1872


Present:

His Honour Judge Rogan Presiding
His Honour Judge Smith
Assessor Hemi Tautau
Clerk to the Court M Grey
Native Interpreter


Court opened at 10 a.m.


This day having been set apart as a Public Holiday in commemoration of the Prince of Wales Birthday the Court adjourned to the following day at 10 o’clock.

Tuesday Nov. 12th 1872


Present:

His Honour Judge Rogan Presiding
His Honour Judge Smith
Assessor: Hemi Tautau
Clerk to the Court: M Grey
Native Interpreter: T Young


Court opened at 10 a.m.


James Thomson Licensed Surveyor: Sworn. I produce a plan showing the native claims between Manawatu River and the Wainui Block. These surveys were made under the supervision of the Provincial Govt. Messrs Dennan and Alandorf are the other surveyors.


The Court asked Major Kemp whether he intended to oppose the claim called Hokowhitu adjourned from Masterton if he would give an answer. The Court [would] if there was no objection hear the claim.

Major was asked if he objected to all the claims in the notice, he stated to the court that he did object.


Major Kemp: Said I addressed the Court on Friday and stated that if all was right I would inform the Court or on the contrary. I now wish to make a statement. – The word of the tribes Ngati Apa, Rangitane, Muaupoko, Ngati Hau Wairarapa and Hawkes Bay these tribes apply for an adjournment to a future period. We have all decided to ask for this. We wish to have time to consider our course whether a good one or a bad one. When we have agreed we will bring the matter before the Court again. My people consider that there are more persons interested in this land. The Court is [outsider?] is not one of the three persons alluded. I am one of the persons Ngati Raukawa is another and Money is the other. That is the money that has been advanced by the Govt. on some of these lands. We therefore consider that it is right to ask for time to consider this matter. There is also a dispute amongst our own party which is not settled. I therefore apply for an adjournment. I wish to state that I do not wish to interrupt the Court.


Hoani Meihana: Of the Rangitane tribe stated he would come forward and prosecute his claim. He said he was not involved in Major kemp’s statement.


Huru: Of the Rangitane tribe stated that he was not included in party who asked for an adjournment but would go on with the claims when called on.

Awetare I do not wish for an adjournment. I wish to confer with the Raukawa. There are no other Rangitane with us here. Keepa has all his tribe with him.

Hari Wirikaki: I wish to say a few words about the Ngati Raukawa with reference to Major Kemp. The Raukawa think there is no time beyond the present to which the Court to adjourn. Major Kemp asked that the Court to adjourn in order to consider for good or for evil. All the evil has already been done by Kemp during the years past. Raukawa did not take the same course as Kemp did when he built a Pah and burnt the Maori houses at the Horowhenua. This is the reason the claim to this land was brought to the Court by Ngati Raukawa. The question has now been brought before the Court to settle who are the owners. They having lived on the land a great deal has been given to Kemp already affecting the question of this land. This land was to have been investigated on 5th Nov., [advertised] on the (undecipherable) we want our claims to be heard and request the Court listen to their claims. The Ngati Raukawa witnesses are all ready. There are a great many.


Kemp: Stated that the district had been kept in Peace by the chiefs of his tribe. The dispute in question is amongst the small men. The chiefs have taken it up. I don’t think it would be right to have the Court


The Court informed the claimants for adjournment that their application could not be acceded to. They had granted them an adjournment for a few days in order to give them time if they had wished to postpone the sitting. They should have applied to the Chief Judge or to the General Government. The Court are of opinion that not sufficient reasons have been brought forward and therefore cannot grant an adjournment.


The Court adjourned for ¼ of an hour and informed the claimants that when the Court resumed the claim called Kukutauaki would be proceeded with.


Hari Wirikaki: Stated to the Court that Kemp had stated that if the Court did not listen to his application he would go. Therefore it will not be right for him to come afterwards and request a rehearing. The Ngati Raukawa chiefs request an adjournment until tomorrow in order that they distribute food. They are very short and have to divide it.


Hoani Meihana: Agreed to the adjournment.


Court adjourned until Wednesday the 13th Nov. 1872

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