Saturday 8th October 1881

Place – the same Present – the same

Continued from page 131.

Titokitoki

Mr Maclean handed in a list of names of his clients and others.

Ordered that the names of Rikihana Te Tarure, Enereta Rikihana and Wiremu Te Manewha be entered in the register as owners of Titokitoki No. 1B

And

Petuha Te Koroheke, Erina Mihaka, Hareata Hohipua, Karaitiana Te Ahu, Hariata Hamuera, Kerenapa Raika and Piotarihi Mohi be also entered in the register as owners of Titokitoki 2B.

Fees charged

Titokitoki 1B

Hearing - £1.0.0 Order - £1.0.0 Total - £2.0.0

Titokitoki 2B

Hearing - £1.0.0 Order - £1.0.0 Total - £2.0.0

73 Makuratawhiti

Riripeti Te Ngaira – sworn

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

I know the piece before the court. I have a claim to part of this land. Kingi Te Ahoaho gave it to my mother Makarata. Kingi had mana on this piece. He was a chief of Ngati Raukawa. No one objected to the Kingi’s gift. My mother was Kingi’s neice.

Rangipapanui was Kingi’s father. The katea was after.

Click on view to see geneology line

By Hema Te Ao

My mother cultivated and died on it. She lived there a long time. Some of her children died on it. Six of her children died on this piece. No one disturbed her in occupation of this piece.

After my mother’s death, I lived on the land. I was living on this piece when this town was first occupied. No one disturbed my occupation of this piece. I cannot say when my mother died.

I was never disturbed till the present sitting of this court. Pene had no cultivation on the part I claim. The Rikihana was the only one who objected to me while I was at Manawatu. He wanted to take the land saying he was the owner.

I referred the matter to the Maori Committee. They gave it in my favour. Rikihana was present. Rikihana signed the document of award to me – here produced. Rikihana and I referred the matter to the committee who both signed one name to that document.

Pene Te Hapupu was also present at that time. Pene made no claim to the land. This is the first time I heard that Pene claims to this piece.

Xed by Tame Ranapiri

I know the land before the court and I claim the western portion of the piece. My boundaries run from the creek Makuratawhiti up to Tewiata’s piece on the western boundary. Adjoining mine on eastern side is Rikihana’s piece up to Tewiata’s piece only.

Enoka has no questions to ask. Pape has no questions to ask.

Xed Maclean

I know that Te Rikihana has a piece. I have seen him loving on his own piece.

My father’s name is Ihaka. I cannot say where my father’s house was. It was on the north of the road. Wiremu had a house along side my father’s on his own piece.

He was not invited by Wiremu. He did not give my father the house.

I cannot say if Ihaka lived with Hapimana. I do not know if Hapimana had houses outside of the land.

My mother died on the land. I do not know if my mother died at Hapimana’s. I know the name of Te Hapupu but I did not see him on the piece I claim.

By Hema Te Ao

I am only claiming the part which my mother owned.

By court

I cannot say how old I was when I lived on this land. I did see Pene Te Hapupu on this land. I only saw his fence.

I heard that my father has a claim has a claim to this piece. I saw my father cultivating on the part which my mother owned. I did not see my mother on my father’s land cultivating.

I have seen Te Rikihana working on his own piece. Te Roera was the only one I know of being buried there.

Xed by Hema Te Ao

Te Wiata – sworn

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

I know the piece before the court. I know the part claimed by Riripeti. Her claim runs up to my boundary from the creek along the western boundary.

I heard it was given by the Kingi to Maharata. It was not given to Ihaka. I saw Maharata living on this piece. She cultivated on it. All our houses were in one place. That was the reason I said the land belonged to Maharata. No one disturbed her on the land. I was by her charge of this piece when Riripeti went to Manawatu.

Te Rikihana who objected while I was in charge during Riripeti’s absence – Rikihana told me that Ihaka gave it to him. I went to Manawatu to see Ihaka Ngamura, father of Riripeti, about it. He denied Rikihana’s story.

Pene was living at Otaki at this time. Pene did not object to me. It is only now that I hear that Pene Te Hapupu laid a claim to this land.

Rikihana made no further dispute for the part claimed by Riripeti because Rikihana referred the matter to the Native Committee. Rikihana has the adjoining piece to Riripeti next to him Hapimana and Matiu.

Ihaka had a cultivation on this land.

Xed by Tame ranapiri

I claim a piece on this land.

I saw Hapimana and Matiu working on the land. I cannot say what year it was when they worked there. They cultivated on the northern side of the road. They cultivated from the north side of the road up to here.

I saw Ani Kanara working on this piece. She married Matiu’s son. That was the reason she cultivated there. She cultivated there long after her husband’s death.

Xed by Enoka Te Wano

I do not know what right Matiu and other had to work on this piece as owners. There are other owners besides Rangiwhaea and Te Hapupu.

I knew a barn for threshing wheat stood on this piece. It was the Ratana’s. There is a mark of boundary of my land. It is a fence alongside the Hollow.

Xed by Pape Ranapiri

Ihaka’s piece is included in the part claimed by Matiu. The barn house was on the east side of Matiu’s land.

Xed by Maclean

At the present time, Rikihana only has houses on south side of the road. The woolshed belongs to all of us. There is no one living in it. I do not know if the barn is used by Rikihana.

Hapimana and Matiu are both dead. I cannot say if Hapimana had a house outside of land. This land belongs to Keepa Kerikeri.

I never heard that Rikihana leases this land. I never heard that he lease to Knicks. It was his own piece. He leased to Bell. I cannot say if any land adjoining was leased.

I heard that Te Kukura was buried there. She was Rikihana’s mother.

I did not know if Marotipatipa was buried there.

Te Kekeke was buried there. She was Ngati Kahungunu.

I never heard that Rikihana broke down the houses on east side of road.

By Hema Te Ao

I did not see Pene’s houses on it.

By court

Pene lives on another piece of land. He has no houses on this land.

Riripeti is now living at Manawatu. She has no houses on this at present. My houses are not on this piece. My fence and cultivations are on this land. Some of my fence has been removed. Rikihana did not pull the fence down.

By Hema

Tame Ranapiri – sworn

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

I remember the time when the committee of Riripeti and Rikihana took place. Pene was present at that meeting. He did not say there that he had a claim on the part claimed by Riripeti.

Hema’s case closes.

By Tame Ranapiri

Tewiata – already sworn

I claim through my father for the part which I claim. My father cut the land up. He and I lived and cultivated it. Hekiera is outside the block and joins ours.

Matiu, Rikihana and others joins my land on the north side.

The whole of my piece is not included in the survey. The piece on the eastern side outside the block belongs to Anawarihi. There are people present that know I own the land.

I did not see Rutera and others working on this piece.

Xed by Enoka

I saw Hekiera and Mena break down Pene Te Hapupu’s fence. It was through ancestor’s, Matiu and others, that they broke the fence down.

Xed by Pape Ranapiri

There was a line between Ihaka and Matiu’s cultivations. I never heard that Ihaka was disturbed on this land.

Xed by Maclean

It was not through Mohi that I claim this land. He did not want it for Hekiera or ramari. She worked there. It was not through Mohi but my father.

I went to Rikihana to consult about this land to divide my piece from his. He would not consent. Ramari was not present. Wiremu and Pene were both present. I was referred to Pene. He refused.

Xed by court

Ihaka was invited by Matiu to work there. He had no piece of his own.

I have seen Ihaka working on Maharata’s piece.

Court adjourned till 10 am on Monday 10th October.

Tuesday 2nd May 1876

Foxton

Court opened at 10 am.

Present the same

Horomona Paro appeared and applied on behalf of Rangitane for an adjournment of the court to Palmerston North.

Refused

Tuwhakatupua No. 2

Adjourned claim - No plan

Adjourned to a future sitting

Opiki

Ruai (Nuai) Taraotea and others claiming

Conflicts with Tuwhakatupua

Adjourned to a future sitting

Kanape

Te rairi and others claiming

Conflicts with Tuwhakatupua

Adjourned to a future sitting

Hautawa

Heta Paro and others claiming

Horomona Paro appeared and stated that this was included in Aorangi middle already disposed of by the court.

Dismissed

Te Kainga No. 11

Heta Paro and others claiming

Horomona Paro applied for an adjournment to a future sitting

Adjourned to a future sitting

Te Ngaru

Horomona Paro and others claiming

No Plan

Horomona Paro appeared and stated that this framed part of Tuwhakatupua No. 1 already disposed of by the court.

Dismissed

Puketotara (100 acres)

Horomona Paro and others claiming

This being a reserve granted under the Manawatu rangitikei Crown Grants Act to Metapere Tapa the court having no jurisdiction.

Dismissed

Te Uku

No appearance - No plan

Dismissed

Tuwhakatupua No. 2

Pitihira and others claiming

Adjourned to a future sitting

Te Whakawehi

Postponed till 3rd May

Oti

Rairi Rangiheua claiming

No Plan - Dismissed

Kaihinu - succession

Takerei Hope

No certificate - Dismissed

Manawatu Kukutauaki No. 2A - subdivision

Henare Te Herekau and others claiming

No survey - Dismissed

Manawatu Kukutauaki No. 2B

H. Te Herekau and others claiming

No survey - Dismissed

Manawatu Kukutauaki No. 2C

No survey - Dismissed

Manawatu Kukutauaki No. 2D - subdivided

H. Te Herekau and others claiming

No survey - Dismissed

Manawatu Kukutauaki No. 2E - subdivided

H. Te Herekau and others claiming

No survey - Dismissed

Manawatu Kukutauaki No. 2G - subdivided

Hoani Taipua and others claiming

No survey - Dismissed

Te Kaiwahie - new claim

Warena Te Papa and others

No survey - Dismissed

Kutikutirau

Wereta Te Waha and others

No survey - Dismissed

Ngioroa

Hemi Warena and others claiming

Hemi Warena appeared and stated that this claim was included in Aorangi middle and that it had not been surveyed

Dismissed

Opiki and Te Karaka

Pitihira Te Kuru claiming

Pitihira stated that it was part of Tuwhakatupua No. 2

Dismissed

Court adjourned at 11.30 am till 10 am on Wednesday 3rd May.

Tuesday 11 October 1881

Place – the same Present – the same

73 Makuratawhiti

By Maclean

Rikihana Tarure – sworn

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

I know the land before the court. I am in occupation also Pene. I was born on this land.

After the year 1840, I went up north. I left my father Wiremu on the land. I returned in 1853 and lived on this land and lived there ever since. I built the houses on this land since I returned from Waikato.

Pene has built one house. I claim through Te Hapupu. Rangiwhaea gave it to him. No one disturbed our occupation of this piece. I signed my name to a paper in 1880. I signed for to call the meeting. I did not agree to the decision of the meeting. I was told by them that I had to leave the land in six months. I did not leave. I am still living there. They did not interfere with me or break my fence down.

The chiefs of the meeting belonged to Ngati Raukawa. Rangiwhaea belonged to Ngati Apakura of Waikato.

By Hema Te Ao

Te Hapupu lived on this piece before Haowhenua. He gave this land to the people mentioned before. Te Hapupu, his son Pene, Tarure my father Wiremu Te Manewha, Renata Tupunu, Nohokainga Te Kakate, Te Kateke Hapimana, Matiu Whakahiunga. These are all I know of admitted by Hapupu. Hapupu had land elsewhere which he gave to myself, Wiremu and others. Titokitoki was not the Hapupu. It belonged to Kingi. Haruatai and Pukekaraka was given to us by Hapupu.

It was after the year 1840 that Hapupu went up north after the Kuititanga Pene also went with him. They left this piece to Wiremu Hapimana and Matiu. Those that went away did not return it to Kingi. Hapupu belongs to Ngati Pakuru.

Tungia gave this land to Rangiwhaea. Tungia belongs to Ngati Toa. He gave from the sea beach to Tararua Ranges.

I do not dispute the gift of Tungi to the Kingi from the beach to the ranges including Titokitoki. They only had the right to divide the land to the different hapu’s. I cannot say what relation Rangiwhaea was to Te Hapupu.

Click on view to see genealogy line.

Pene returned from Waikato 1857. There was no one in occupation when he returned. Maharata ded not live on the land. Ihaka built a house on my piece in the middle. Maharata lived there. Riripeti has no interest in this piece. Maharata was living there without any right.

I know that six of her children died there. She was not turned off being invited by Wiremu to live there. She is a niece of the Kingi’s. The part claimed by Riripeti belongs to myself and Pene.

The committee awarded the piece to her. I did not state to the meeting that the land belongs to Pene.

Xed by Tame Ranapiri

Some of the people I mentioned have an interest in the piece. Some have not. Hapupu Wiremu Tarure Hapimana, Matiu Whakahunga, Ani Kanara have an interest.

Pene and I here on the same footing. No one else have any right to this land.

Ani Kanara claims through Matiu. She was married to three of his children. Tewiata has no claim of this piece of land. I have seen him cultivating on the south end. He worked under Ramari Pataua, who is his cousin. Ramari claimed through Hekiera.

Mohi having asked Wiremu for it, Wiremu only owns his own piece – no other. Each individual gave a piece of his land to Mohi who is father to Hekiera.

I did not ask Kipa for permission to cut timber on it. It was after 1854, there were trees on this piece.

Xed by Enoka

Pene’s statement saying that this piece belonged to Te Hapupu and Rangiwhaea is correct.

It was when a forest that Hapupu gave the land to Matiu and others. It is recently that I found out the boundary of their pieces.

I heard Ana Warihi’s statement yesterday. It is not correct because the land was given by Rangiwhaea to the Hapupu. The weather boarded house, the barn belonged to Matiu and children.

I wish the part owned by Matiu to be awarded to Pene.

Xed by Pape

I did see Ihaka work on this piece on the north side of the road near the creek on Wiremu’s piece. I did not see him on Matiu’s piece. Wiremu Te Manewha who gave it to him to work on. He did not come under Matiu, he is a relation of Matiu. When he went to Manawatu, he returned the piece to me personally. Pene is the nearest of kin to Matiu.

Click on view to see genealogy line.

Re-exed by Maclean

It was for a piece of land included in this block that the committee tried.

Matiu and Haimana and Whakahunga were relatives of Pene’s. That is the reason we claim the land.

I was married when Rangiwhaea had the land given to her by Tungia. She was called after Tungia’s mother that was the reason of the gift. It was through her that Pene and Wiremu claim this land. They do not claim through the Kingi. They were never disturbed up to the present time.

It was in 1860, that Ihaka returned the land to me as it was my own. I had Ihaka’s name inserted on Paruauku’s. He had no claim there. It was strong good feeling to him. At that time Ihaka had no interest in the piece before the court. He did not say that he had an interest there. He said that a portion was given to him by Hapupu. I say that was not true.

I heard that this piece was given by Hapupu to the Kingi. This is also untrue. It was after admitting him to Paruauku’s, I found out the story was false.

Wiremu was in occupation when Pene returned from Waikato.

By Hema

When I returned, wiremu was in occupation.

By court

The piece returned to me by Ihaka was the piece on the western boundary. I did not write to Ihaka requesting that I should be trustee for piece claimed by Riripeti.

Ihaka cultivated at Paruauku under Wiremu and myself. It was not because he worked there that he was entered in certificate but on age of land before court which was exchanged for land at Paruauku.

Hapimana and others were dead when Pene returned.

By court

I do not know where Kingi and Rangiwhaea were married. I am certain that this piece belonged to Rangiwhaea. I was not present when the bush was cleared of this land. Pene and Wiremu and Ani Kanara were there at that time. It was those people mentioned who cleared the bush.

Some of them were slaves. The piece along side the west boundary belonged to Hapupu, next one to Wiremu.

Pene Te Hapupu – sworn

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

I claim the land before the court because my father and myself cleared it.

Prior to Haowhenua, Rangiwhaea was the original owner. She gave it to us. I have heard Rikihana’s whakapapa. There was an error in it.

I know where Kingi had land. Our piece was not in Kingi’s piece. I am quite certain that Rangiwhaea gave this land to my father. I was grown up at the time. Kingi had also a right on account of his wife. They had other land, the same as ours. Kingi belonged partly to Ngati Raukawa and Ngati Toa.

My father and self still hold this land under Rangiwhaea’s gift. I claim the whole piece on the plan, myself and father on western boundary. Te Tarure and ---- next, next Hapimana, next Matiu, next Whakahunga. They cleared the land in the first place.

I claim Hapimana’s, Matiu’s and Whakahunga pieces because they are my relations.

I do not know what right Ihaka has to land then at Katihiku. Maharata was not his first wife, er name Wahipononga. She was living when he lived with Maharata in 1857.

When I returned from Waikato, Ihaka was living on Keepa’s land outside of the land before the court. Maharata was living with him there. She also died there. I never gave any of this land to the Kingi.

Xed by Hema Te Ao

Kingi claimed from the sea beach at Pakakutu on the north of Makurataiwhiti creek to the Tararua Mountains. I distinctly say that this was Kingi’s boundary. Rangiwhaea had the mana on the south side of the creek from Pakakutu to the Tararua Mountains. Rangiwhaea gave to the Puke the piece where the court is on at the present time.

Te Puke belongs to Ngati Toa.

Kingi has given land to Ngati Maiotaki and Ngati Moewaka.

Matiu belonged to Ngati Waihurihia, Ngati Moewaka hapu are living on the western boundary of this piece on the outside next to them Ngati Maiotaki on western side. Ngati Waihurihia are living on the eastern boundary side of the piece before the court (outside).

When Archdeacon Hadfield and Mr Williams came, my father, self, mother and Rikihana went to Waikato together. Tarure was beaten while living on the land through committing adultery with a widow, Pare. He did not go north on account of that trouble, he ran away to Manawatu.

My father was living when I took the mana from him. It was on account of that trouble that I took the land from my father. Wiremu Hapimana and Matiu were in occupation when we went up north.

I never heard that Maharata Ngamura lived on this piece. I could dispute the gift the Kingi to his niece Maharata.

Court adjourned till 2 pm.

When I returned to Otaki, I saw the Kingi. I objected to him giving the land to Maharata. I did not call the meeting but the chiefs of Ngati Raukawa – they called the meeting to get me to remain on the land as it was going to return to Waikato. It was on account of that I staid in Otaki and asked for all this land to be given to me. Rawiri Te Wanui was not present but Te Kepa and Rei Parewhanaki was.

I did not see Maharata or Ihaka living on the piece before the court because I was at Waikato. Maharata died in the Kipa’s house.

It was when the piece was cleared I claimed the piece now claimed by Riripeti. I heard that Kingi had given this piece to Maharata. I heard a quarrel between Rikihana and Riripeti about it. I was present at the runanga. I said these that the piece belonged to me.

If Tame Ranapiri stated that I did not say anything at that meeting it is false. They did not investigate my claim to that piece of land. I am the one claiming this piece. Rikihana is in error in saying that the exchanged land is wrong.

Xed by Tame Ranapiri

I heard Rikihana’s evidence. It is true.

Rikihana may have seen Tewiata working on this land. I did not but I saw him erecting a fence.

I heard that Mohi had given it to him. I myself Te Rarure Rikihana, Wiremu Te Manewha, Hapimana Matiu and Te Whakahunga are proper owners of all this land. Ani Kanara also – she is daughter in law to Matiu. It is through my respect for her that I admit her.

Matiu had four children – males – three of them married Ani Kanara. She worked the portion I gave her after her husband’s death. She and her first husband did not live there. Pahika and Ani Kanara lived together on this land. He was her first husband.

Xed by Enoka

I was present when Hapupu gave the piece to Matiu and others. I am the only surviving one who was present. I saw Pahika clearing the bush. He was a son of Matiu. I did not see Ngapaki clearing there but I saw Ratana. Three would have a larger portion than one. I saw Hekiera and Mina breaking my fence but did not know the reason. I never heard Rawiri requesting them to assest from breaking it. I ------- Matiu and others claiming this piece.

By Pape Ranapiri

I know Ihaka Ngamura. I did not see him working with Matiu. I only saw Matiu. I heard Rikihana’s statement that Ihaka worked on this land, it is true. Rikihana’s whakapapa is correct (re Matiu). Wahine was Matiu’s mother.

I have surveyed this piece and wish the court to award it to me through my father. I am the closest of kin to Matiu. I and my father owned the part on the western boundary from the creek to the upper boundary. Te Hapimana left no issue.

By Maclean

It was about two or three years after my return from Waikato that Rikihana built houses there.

By court

Te Kingi had mana over this land. Ngati Moewaka owned on the west side of the piece before this court. My father gave a piece of land on the eastern side of the land in question. I cultivated potatoes, kumara and other things on this land.

I made a present of a cask of tobacco, five pigs, potatoes and kumara to Rangiwhaea.

By Maclean

James Ransfield

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

I know the piece before the court.

I worked on it in 1859. Renata married my mother. He was working there for himself under Wiremu’s mana. I only saw Wiremu. I saw Ihaka living in Wiremu’s house (slat house) which was on the north side of the road. I did not see his wife. She may have died before I was born.

I went to work at Paruauku in 1858. After I worked at Wiremu’s, we merely went to Wiremu’s to assist Renata. Renata, Ihaka, Pitama, Tewiata and others went to Paruauku which is about 3 miles away. We worked there 3 years under Wiremu’s mana.

I did not see Ihaka on the land in question.

I and my brothers afterwards worked near the mill under Wiremu. Ihaka had then gone to Manawatu. Wiremu had houses on the piece before the court also Pitama, Pene and Hoera lived and died there.

I have not seen Tewiata working on this land. I do not consider he has any claim there. He lived on another piece of land and is still living there. I cannot say who the original owners of this land were.

Pene is the owner of the piece on the east side of this land (on the outside of the fence) next to Rikihana.

I did not see Enoka Te Wano, Nuna or Rautera working on this land neither did I see Hekiera there. I consider that Wiremu, Rikihana and Pene are the owners of this land.

All the Ngati Raukawa knows also the same. I only heard that Ani Kanara worked on Pitama’s piece. Wiremu, Pene and others are considered Ngati Raukawa.

Xed Hema Te Ao

We were living at Tutangatakino when Ngati Raukawa first occupied the town. We worked on the land in question 2 or 3 years.

Xed Tame Ranapire

Wiremu and Pene I consider owners having worked it. I also heard it was theirs. I do not know who gave it to them. The whole of that land was not fenced in then, since then and up to the present day Rikihana worked this land. Pene had a piece on east side outside the fence.

By Enoka

I did not see Matiu on this land. I saw Ratana at Makirikiri. He died there. I did not see Ratana working on this land.

Xed by Pape Ranapiri

I saw an old barn on the other side of the creek. It belonged to Hanita. I do not know who planted the cherry trees.

Mr Maclean applied for an adjournment till 11 am tomorrow. He having to attend at the J. P. court at 10 am on that day – Granted

Court adjourned until Wednesday the 12th October 1881 at 10 am.

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.

Thursday 13th April 1876

Court opened at 10am

Present: The same (His honour judge Symonds, Assessor Pai rama Ngutahi, Clerk W Grey, Interpreters T.E Young and Y.J Grace).

Henare Te Herekau applied to have certain claims which were near Foxton to be adjourned, to that place for hearing viz.

Kaiwahia, Kutikuterau, Ngaioroa, Opiki, Tuwhakatupua No.2, Opiki, Kanape, Hautawa, Te Kairanga No.4, Te Ngaru, Puketotara, Tuwhakatupua No.2, Oti, Manawatu Kukutauaki No.2, 2B, 2G, 2D, 2E, 2G.

Te Wakawehi also succession claim Te Pahiatua, Te Uku sucession claim Kaihinu.

The court granted the application and the claims were ordered to be adjourned for hearing at Foxton on completion of claim __.

Huritini

Pineaha Mahuariki claims to succeed to Kiharoa Mahuariki. An application was sent in from Kihihana Te Neho and others Native Land Court 76/599 asking that the claim be adjourned because she was away at Tauranga. Pineaha requested an adjournment.

Adjourned to future day at request of Winia Kiharoa Native Land Court 76/599.

Huritini

Winia Kiharoa Present same as above, __ __ .

Adjourned

Whareroa Nainui

Karaka Mitikakau. Mr Young [roduced a brown grant which was issued under the brown grants act 1862, the grant having no jurisdiction, the claim was dismissed. Symonds

Sections 102, 104, and 106 Otaki

Ariki Hopihona applies to succeed Wi Hopihona. Rawiri Roto applies on behalf Ariki to have a adjourned and other cases in which she is interested viz -

(Waiorongomai, Waiorongomai, Waiorongomai) to allow Anihira to come from Wellington adjourned ___.

Tutangatakino No.1

Hakaraia Te Whenua applies to succeed to Poho Rangitekehua, adjourned for the present.

¼ Acre Otaki

Kipa Watanui claiming to succeed Hakaraia Te Motehura. No grant or certificate. Dismissed.

Himatangi

Hera Tuhangahanga claiming to succeed Parakaia Ponepe. No grant, dismissed.

4 Acres Otaki

Winia Kiharoa claiming to succeed to Wi Kiharoa. No appearance, adjourned to future sitting.

Section No.43 Otaki

Pineaha Te Mahauriki applied to have this claim adjourned see N L C (Native Land Court )76/599. Adjourned to future sitting.

Muauopoko

Karaitiana Te Tupe claims to succeed Manihera Te Rangihera. The land had passed through the court three years ago, but the grant had not been made in a certificate issued. Dismissed.

Court adjourned until 2pm

Pahianui No.2

Thomas Roach claims to succeed to interest of Manihera Rangihera.

Thomas Roach sworn in.

I Ngati Kiwhaka I live at Otaki.

I claim to succeed to Mairea she is dead and left no will, she was my mother. I am the eldest,there are six of us all together they are all grown up me in Wellington and others here James, John, Ellen, Mary and Elizabeth are their names. John the girls are not yet 21 years old. I think we all get to succeed her interest.

Succession order to be made in favour of Thomas Roach, James Roach, John Roach, Ellen Roach, Mary Roach and Elizabeth Roach half castes.

Objectors challenged

No opposition

Fees - £1:0:0

Thomas Roach and James Roach to be recommended as Trustees for them under the Maori Real Estate Management Act 1867

The court then adjourned until Saturday. Friday being Good Friday.

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.

Tuesday 18th April 1876

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

Katihiku continued.

Hapi Te Rangitewhata sworn.

I belong to Ngati Huia I live at Katihiku__, I claim to have an interest in this land and I wish my portion to be cut off. It belonged to my grandfather it is on the Western side I claim to cut off about two claims from the boundary. The boundary between Aperahama and myself is about the centre of a swamp, we had settled this long before Hare came.

Cross examine by Hare Wirikake.

I did not say that I cultivated, it is a swamp I said that Aperahama and I had arrange this long ago. The land outside Tom Harvey’s fence is mine I protested against your survey at the time your survey it there were two Europeans with you at the time. The land outside the boundary does not belong to Matauruahu, my boundary extends to Penehuia’s fence, I did not see the whole of this line being surveyed, you did not ask me to watch and see the line properly carried through the swamp.

The surveyor said to me let me finish the survey and settle it in the court, it was one of the pegs that I stopped them survey. I did not take any action until you interfered with my boundary. Te Maanga was a relative of Aperahama Te Ruru’s __ and the plan not being certified to by the inspector of surveys.

Case adjourned for the present.

Te Rekereke No.3

Hare Wirikake claiming, claim read. Adjourned for the present.

Kaingaraki

Ururoa Pounui claiming, claim read. No plan adjourned for the present.

Rikiriki (commonly known as Te Rekereke) A10:R3:P22

Number of plan 2832. Tatana Whakaupoko claiming, claim read. Hutana appeared for claimant.

Hutana Ngarepo sworn.

I belong to Ngati Huia I live at Porotawhao, I claim this land on behalf of myself and others it belonged to my father, he cultivated there and I also cultivated there in my youth. I have been away from it sometime myself the land is leased I let it to Tom Ransfield.

Objectors challenged.

Hapi Te Rangitewhata and Rakapa __ Topeora appeared and stated that they wished to have their names inserted __ Rakapa Topeora admitted by the claimant. Tamihane Te Rauparaha asked to be allowed time to see if this conflicted with his land.

Hapi Te Rangitewhata sworn.

I belong to Ngati Huia I live at Katihiku Otaki, I claim and interest in this land because my fatherwas shot on it, he never lived there.

Adjourned for the purpose of the claimants to have time to look into the boundaries.

Town Section Otaki

Hohaia Te Pahau claiming, claim read. Adjourned for the present.

Muaupoko

Eruini Te Tupe claiming, claim read. Eruini Te Tupe stated that the land had already been passed through the court but that he had not received the certificate. Dismissed.

Arapaoti

Wiremu Tamehana Te Heke claiming, claim read.

Adjourned for production of plan.

Ngatoko No.2 A1:R1:P32

Number of plan 3370. Erana Penehuia claiming, claim read.

Mr Thompson surveyor stated that this land was almost entirely overlapped by lands __ already crown granted. Adjourned until survey should be adjusted.

Adjourned to a future sitting of the court.

Quarter Acre Otaki

Hone Himu and Karepa Piripi claiming. Adjourned to a future of the court. See NCL 76/599.

Katihiku No.2 A21:R2:P27

Number of plan 3375. Ramari Tame Hawea claiming, claim read. Adjourned for the present pending the arrival of the inspector of survey.

Tuahiwi No.5

Metera Te Karaka claiming no survey. Dismissed.

Katihiku No.4 A38:R1:P32

Number of plan 3358. Karepa Kapukai claiming, adjourned pending the arrival of the inspector of surveys.

Pahianui

Akara Ngahue and others claiming, claim read, adjourned to a future sitting of the court. See NCL 76/599

Te Waerenga

Kipihana Te Keho claiming.,adjourned to a future sitting of the court. See NCL 76/599

Pukeatua

Kararaina Whawha clainming, claim read. Already disposed of being portion of Ohau No.3 block. Dismissed.

Harakeke

Aterea Tauwehe claiming, claim read, already disposed of. Dismissed included in one of the Pukehou block.

Court adjourned until 10 o’clock tomorrow.

Thursday 11th December 1879

Court opened at 10 am.

Present – the same

Subdivision of Aorangi No. 1

Enereta’s claim – continued

Dr Buller asked the court if it was true that the assessor was going away on Saturday. If so, he protested against another assessor sitting on the case as a strange assessor would not be able to understand the claim and he wished his protest entered up in the minutebook.

Alexander Mcdonald – resumed

Ngati Kauwhata had agreed to a principle of subdivision. The tribe should devide itself into hapu and a portion of the estate should be shared out to them. The hapu from the original division have always exercised absolute right of dealing with the block as against any individual.

There is a small block of 50 acres awarded by Sir Donald McLean to Ngati Kauwhata. It was especially for reuniting the hapu and placing it on a piece of land as a hapu. The land is at the junction of Mangaone and Makino Streams on Rangitikei Manawatu Block. It is granted as a residence for the hapu and they built a mill the timber of which was taken from a place on the Aorangi Block especially claimed by an individual but which was over ruled by the hapu. This place is on the part claimed by Enereta.

The hapu sold 400 acres of the estate to Mr Stevens also they have leased a portion of the block. This was done quite irrespective of individual claims of persons. The lease was only signed by two persons who represented the Ngati Kauwhata hapu.

Mr McDonald as agent for the hapu admitted that Kooro’s family would be entitled to somewhat about 1000 acres according to principle laid down and that had Kooro lived he believed he would have located the family at Kohanga.

Mr McDonald xed by Dr Buller

The arrangements of which I have spoken of were antvior to and subsequent to 1873 two divisions were made. Of the hapu, four families are in one (Ngati Kauwhata) and the other of three families (Ngati Turoa) families in Ngati Kauwhata consisted of Tapa and his family, Kooro and his family. Takana Te Kawa and his family and Kereama Paoe and his family (Ngati Turoa) Hoheta Kahuhui and his family, Karehana Tauranga and his family, Hepe Te Whero and her family.

No specific portion of the original block was awarded to any of the families immediately subsequent to March 1873.

The meeting at which the division into two hapu’s took place was at Awahuri. Reupena and Kooro were present and consented. There was no subsequent arrangement as to principle of subdivision. The block as originally stood was 7256 acres and each family was to have 1000 acres and the chief was to have the extra 256 acres. All this was arranged by the persons found by the court to be entitled without a dissentment.

Kooro’s family consisted of his father Reupena Te One and an old relative Harata Kiore, himself, his wife Erina Te Kooro and their adopted child Tinotangata.

Between the times of the first hearing of the claim to the time of rehearing, there had been certain modifications. The hapu had sold 400 acres to pay survey of the subdivisions. The family divisions of the land would therefore be reduced pro rata.

They sold 800 besides this would also reduce their shares pro rata. They had leased some land which included the sale of 400 acres which was sold to J. Stephens for £800.

I received the money as agent for the hapu. None of this money was expended in the survey as originally contemplated. I expended the money in the general service of the hapu but if the court wishes I can supply a full account of the expenditure.

Dr. Buller asked that the accounts should be called for if the clients’ estate is to affected by the moneys so raised and expended.

Granted.

Mr McDonald – resumed

The land had been sold and money expended prior to the rehearing. 400 acres of the 800 were sold to James Bull for £1100 odd. The other 400 acres is not actually sold. It is in my hands for sale. My authority is from the persons now living. The £1100 was not paid to me. It was a debt due by me as agent which commenced in 1867.

It was a debt done by me as agent but I cannot state what the debt was for from memory. I can produce accounts if called upon by the court. The 400 acres which is in my hands for sale is to be sold for general purposes of the hapu. I have stated to the hapu what those purposes are but decline to state them to you, if the court wishes me to do so, I will do it.

I have had authority from the hapu since 1867, sometimes from day to day. It is a general authority with respect to the 400. I consider I have a general authority but since January 1879 I don’t think I have the authority.

Enereta never joined in the general authority. Kooro was one of the lessors to the lease to Bull excepting the modifications. I have spoken of Kooro family share should be 1000 acres.

I represent 64 of the counter claimants. I represent Maraea. I represent the living and representatives of the dead. Erina Kooro is dead. I represent her successors. Maraki Rangikaitu is dead. Te Ara Takana is his successor.

It was agreed between Dr Buller and McDonald that the whole case as regards Enereta should be reduced to the simple issue of whether, Kooro’s family should have the 1000 acres originally allotted but subject to modifications as the court should decide by evidence should such operate in reducing such area.

Agreed by both council that 1000 acres be the quantity for the original family of Te Kooro consisting of Reupena Te One, Kooro Te One, Erina Te Kooro, Harata Kiore and Tino Tangata subject to such evidence as to modification that the court may determine to affect that quantity.

Court adjourned until 2 pm.

Court resumed.

Aorangi – Subdivision – continued

Xed continued

I will not consent to give you the information as to how the £800 was spent or what the debt of 1100 odd consisted of or what the general purposes are in respect of which I was authorised to sell the other 400 acres but which has yet not been sold.

Tapa Te Wata – sworn

I live at Awahuri and belong to Ngati Kauwhata hapu.

My father was Te Wata. I know this land. My father and I dwelt on Aorangi No. 1. This new name was given on subdivision of the whole block.

The whole district was known as Aorangi. Te Whata was the head chief when the tribes lived on this land. This was before Haowhenua. After the subdivision of No. 1 was made, I dwelt with Ngati Kauwhata on this land up to the present time. I have lived on the land.

I knw Kooro Te One and Reupena was his father. Reupena did not come on the land at the same time. We arrived together but he went on to Otaki. He was an elder brother of mine.

After the adjudication at Foxton, Ngati Kauwhata lived on the land allotted to them. They had deliberations amongst themselves. After the hearing at Foxton relative to the subdivision which took place, there were two subdivisions made. One to Hoeta as representative of Ngati Turoa and one to me as representative of Ngati Kauwhata. Another subdivision was made to families by the tribe. There was no actual subdivision of the land in consequence of numerous quarrels, we heard that Aorangi No. 1 was to be reheard.

I heard about sales between those periods. I took part in a sale to Mr John Stephens. It was a sale by Ngati Kauwhata. Kooro dragged me into that sale and I consented to the sale. Reupena saw that sale and he made no objection. All Ngati Kauwhata at that time consented to the sale. I heard that 800 acres were given to Mr McDonald for sale. It was Kooro and his people who gave it. We expected to receive no money for it. It was given to McDonald for himself.

Ngati Kauwhata gave McDonald another name which is Kauata. It was given in 1863. His great friend and the one who assisted him was Kooro during his life time. I never heard of any dispute between you and Kooro. I knew of lease to Mr Bull. It was made by me, Kooro and all Ngati Kauwhata. I never heard of any objection. I heard Kooro mention about his land at Kohanga. After the lease to Bull, he proposed to locate his family at Kohanga. The reason of making all these small subdivisions on the block was because of Kooro and Kauata. The reason of the sale to Stephens was to make the survey of this block. The reason McDonald lives amongst Ngati Kauwhata is because we have appointed him our agent.

Xed by Dr Buller

Reupena and I were of equal rank. It was through my father that I had the rank and not Reupena. Ngati Kauwhata gave Kooro influence in the tribe. Kooro did not see these maps or any like them but simply gave directions for a survey and on that account 400 acres were sold for £800 to Stephens. Mr McDonald was to pay it for survey. I am not aware of the whole was paid for survey. I know some was. After this survey was stopped by Ngati Apa and Ngati Kauwhata had many things to spend the money on.

I believe some remains how, McDonald knows best. There were debts of the tribe. There were debts contracted in litigation of Rangitikei Manawatu Block. I did not see the accounts. They were debts of now sellers in Rangitikei Manawatu Purchase. There were debts due to McDonald which were contracted during the litigation. We did not intend any money to return to Ngati Kauwhata. The land was given so that he could be repaid for certain expenditure made by him. I don’t know the amount of his expenditure. There are still 400 acres remaining of the 800. There was another 800 acres given to McDonald’s wife and children as a present for their support. It was given through love.

The land is at Awahuri. I am not aware of any other land being given to him or his wife. If there are 400 acres left out of the 800 and the debts are all paid, the 400 acres would belong to him and any money received by him for it, would be placed at his disposal for the benefit of the tribe.

Xed by McDonald

The reason Kooro had acquired influence was in consequence of his connection with non sellers of Rangitikei Manawatu Block. I heard of some monies being spent in connection with quarrel between Ngati Apa and ourselves.

You were in gaol in Wellington when the 800 acres were given to your wife for her maintenance. It was in the cause of Ngati Kauwhata, you were sent to gaol. I was a seller in the Rangitikei Block. I never heard anyone challenge your dealings with the moneys of Ngati Kauwhata.

Takana Te Kawa: – Sworn

I live at Awahuri and belong to Ngati Kauwhata. I was a non seller of Rangitikei Manawatu Block. We had litigation with the sellers. At first, I did not see you take part in it. Afterwards you did.I corroborate Tapa’s statements in the beginning of his evidence. I dissent with that relative to the 400 acres sold to J. Stephens that money was spent by Ngati Kauwhata by those who went to get it themselves. It was got from McDonald. The money from Mr Bull’s lease was spent by Kauata. The rest of Tapa’s evidence is correct.

Xed by Dr Buller:

Of the money from Stephen’s purchase I received £300. £500 and £100 was received by Hoeta. My wife Te Hara got a good deal. I believe Karehana got £50. I also know Hepe got some. I suppose Kooro got some because he and McDonald were one. I don’t know if any was spent in the survey which was stopped by Ngati Apa. I gave nothing. I know nothing of the sale to Bull. I never saw any account of money’s spent over Rangitikei Manawatu litigation. Kooro was as much a chief as I am and had authority amongst his people.

Xed by McDonald:

When I received the money out of the 800, I did not know where it came from. All I know is it was given to me. I never thought you would misappropriate any of the monies and certainly don’t suspect you now nor do any of Ngati Kauwhata. I never asked for an account from you.

Xed by Assessor:

I wish Enereta to have the shares of her brother and father at Kohanga and I wish Kohanga to go to his hapu (Kooro’s). I wish Enereta to be placed in the same position as her father and brother.

Court adjourned at 4.30 pm.

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.

Monday 13th April 1874

Place – the same Present – the same

Waihoanga No. 1

The court said that Ngati Huia had established no claim and the judgments in favor of Rawiri Te Whanui and Ngati Ngarangi each to supply the names for the order.

Waihoanga No. 3

Court ordered that Pene Arama’s claim in this land should be admitted with Ngati Maiotaki hapu names to the furnished.

Waihoanga No. 4

Hapi Te Horohau – sworn

I live at Otaki.

I am Ngati Tuara. I have an order in my favor for the block between Waihoanga No. 3 and the Otaki River.

Objectors challenged

Rakapa said – there is no objection to giving Hapi an order for land. We have agreed about the names now and there is no dispute.

Courts ordered that an order be made in favor of Hapi Horohau and his co claimants – Ngati Tuara – when a list of the names has been furnished by him.

Wairarapa

The court gave judgment in favor of Hapi Te Horohau and the Ngati Tuara and with them will rest the admission of any of the other side into the order or otherwise.

Court adjourned until 10 am tomorrow.

Thursday 16th April 1874

Place – the same Present – the same

The court announced that in consequence of the clerk Mr. Budson being recalled to Auckland, it could not see its way to proceed farther with the business relating to the land in the Manawatu Lilitaialo Block than to ratify the subdivisions already made and make such further subdivisions of them as the people are agreed upon. It would therefore proceed to confirm the subdivisions of the Ngakaroro and other blocks in which judgment has been given and make orders for such portion thereof as the people were agreed upon.

Wairarapa and Waihoanga No. 2

Kipihana handed in a new list of names for this land which the court explained could not be accepted.

Original order reread and told that it must remain.

Kukutauaki No. 1

Wiremu Parata handed in a list of names in whose favor he asked for an order of the title to this land – list read

Wi Parata Hubbs h.c, Hemi Matenga Hubbs h.c, Winara Parata Hubbs h.c, Kerehi Parata Hubbs h.c, Raiha Puaha, Henikamu Te Hiko

Order made in favor of the above named parties.

Ngakaroro No. 1B

Hoani Taipua applied for a subdivision of the original order of the court in this block as follows – the people being all agreed viz

Ngakaroro No. 1A

Hoani Taipua, Kipa Whatanui h.c, Moroati Kiharoa, Karaitiana Te Tupe, Matenga Moroati, Pute Moroati, Turia Henare h.c, Mere Kipa h.c, Paranihia Kipa h.c, Paramihia Whawha, Areta Hoani Taipua, Henia Te Ao, Ropata Te Ao, Hemi Kuti h.c, Ria Haukoraki, Arita Parenape, Rihi Moroati, Pitiera Hoani Taipua, Hiria Hoani Taipua, Peene Arama h.c, Paramena Takirau, Wirihana Te Ahuta, Reweti Ropata, Taitimu Hoani Taipua, Hema Ropata, Wi Katene Te Puoho, Pineaha Te Mahauariki, Moroati Kipa h.c, Riria Mere Kipa, Kuhoriki Pineaha, Wiremu Kipa h.c, Tumeke Hoani Taipua, Arapere Tukuwhare, Epiha Te Rimunui, Tipene Wahapiro, Wi Katene Wahapiro

Order made in favor of the above named parties.

Ngakaroro No. 1B

Moroati Kiharoa, Kipa Whatanui h.c, Wi Katene Te Puoho, Tipene Te Waha Piro, Hoani Taipua, Hema Te Ao, Ropata Te Ao, Hakaraia Hoani, Neri Puratahi, Paranihia Whawha, Turia Henere h.c, Meri Kipa h.c, Paranihia Kipa h.c, Karaitiana Tupe, Ria Haukore, Pineaha Mahauariki, Teri Paerata, Mere Hakaraia, Heni Kipa h.c, Wirihana Te Ahuta, Hiria Hoani Taipua, Matenga Moroati, Arapera Tukuwhare, Hipiha Te Rimunui, Takerei Te Nawe, Watihi Te Momono, Henere Te Herekau, Heni Tirewa, Pute Kiharoa, Te Reinga, Ihakara Tukumaru, Ema Tukumaru, Eparaonia Mahauariki, Hakopa Mahauariki, Waiata Tawharu, Mohi Tawharu, Henare Roera, Taitimu Hoani Taipua, Katarina Te Puke, Rahera Matenga, Paramena Takirau, Rihi Moroati, Tipene Wahapiro

Order made in favor of the above named parties.

Ngakaroro No. 1C – 300 acres

Hoani Taipua, Kipa Whatanui h.c, Hema Te Ao

Order made in favor of the above named parties.

Muhunoa No. 4

Roera Hukiki handed in list of names in whose favor be asked for an order of the court

Roera Hukiki, Henare Roer, Tamihana Rauparaha, HareWirikake, Paranihia Whawha, Kararaina Whawha, Kipa Te Whatanui h.c, Mereana Patukino, Hoani Kuiti, Kiniwe Roera

Order made in favor of the above named parties.

Muhunoa No. 3

Roera Hukiki handed in the following names as owners of this block.

Roera Hukiki, Rutu Roera, Henare Roera, Hoani Kuti, Ani Matenga, Mereana Patukino, Hori Roera, Te Tauhu Roera, Kerehi Roera, Kiniwe Roera

Order made in favor of the above parties.

Muhunoa No. 2

Hema Te Ao handed in the following names as owners of this block.

Hema Te Ao and Ropata Te Ao

Order made in favor of the above parties.

Turangarahui – 81 acres

Hare wirikake handed in the following names as owners of this block

Hare wirikake, Maaka Pukehi, Unaiki Wi Parata, Waretini Tuainuku, Winara, Ranginui

Order made in favor of the above parties.

Ngawhakangutu

Matene te Whiwhi asked for a subdivision of this block in the following manner and in the names there under written

Ngawhakangutu No. 1

Matene Te Whiwhi, Rakapa Topiora, Hoani Te Okoro, Tamihana Te Rauparaha

Order made in favor of the above parties and that the said block be made absolutely in available – note pp 403

Ngawhakangutu No. 2

Maten Te Whiwhi, Rakapa Topeora, Hoani Te Okoro, Tamihana Te Rauparaha

Order made in favor of the above parties.

Waiwiri

Nerhana handed in a list of names for whom he asked for an order of the title to this land.

Karaipi Te Puke, Ranginira Te Keho, Nerehana Te Paea, Tame Te Riu, Rangiwhiua Te Paea, Waretini Tuainuku, Arama Karaka, Hipora Kumeroa, Hura Ngahue, Te Pera Witi, Rumaki Te Puke, Rihi Moroati, Peene Arama h.c, Heni Matene

Order made in favor of the above named parties.

Waihoanga No. 3A

Rawiri Te Rota Te Tahiwi handed in the following list of names for whom he asked for an order of the title

Rawiri Rota Te Tahiwi, Rawiri wanui, Keepa Kerikeri, Hori Te Waru, Harawira Whareiro. Rei Parewhanake, Raika Takarore, Manihera Te Rau, WiremuKkiriwehi, Hohipuha Takarore, Wiremu Paki Hianga, Pene Hapupu, Hohepa Te Hana, Arona Te Hana, Witeri Raukawa, Mahina Hoani, Ropata Te Ao, Reupena Kiriwehi, Wiremu Paki, Wirihana Te Rei, Wetini Te Rei, Wari Te Rei, Matene Te Rei, Reweti Ropata, Hema Ropata, Rianera Te Tahiwi, Heneti Te Tahiwi, Maraea Rawiri Tahiwi, Pirihira Te Hana, Anikanara Wanui, Harat Takarore, Anawarihi Ropata, Ruruhira Te Hira, Pirihira Kiriwehi, Heni Te Rei, Heni Te Waru, Maraea Paki, Mer Hori Te Waru, Rahapa Hopa, Rangiharuru Te Hapupu, Mere Ruihi Pahika, Matire Kiriwehi, Riripeti Ngamura, Heneti Pahika, Rihi Te Hira, Harata Tewiata

Order made in favor of the above named parties.

Waihoanga No. 3C

Rawiri Rota Te Tahiwi, Rawiri Wanui, Ihakara Tukumaru, Keepa Kerikeri, Hori Te Waru, Harawira Whareiro, Rei Parewhanake, Raika Takarore, Manihera Te Rau, Wiremu Kirewehi, Hohipuha Takarore, Wiremu Paki Hianga, Pene Hapupu, Hohepa Te Hana, Arona Te Hana, Witori Raukawa, Mahima Hoani, Ropata Te Ao, Te Hira Maeke, Reupena Kiriwehi, Rianora Te Tahiwi, Heneti Te Tahiwi, Maraea Rawiri Te Tahiwi, Pirihira Te Hana, Anikanara Wanui, Harata Takarore, Anawarihi Ropata, Ruruhira Te Hira, Hori Te Rei, Heni Te Waru, Pirihira Kiriweni, Maraea Paki, Mere Hori Te Waru, Rahapa Hopa, Ema Ihakara, Riripeti Ngamura, Rangiharuru Hapupu

Order made in favor of the above named parties.

Waihoanga No. 3B

Hohipuhi Kereanui, Hekeiera Te Wharewhiti, Nuna Te Tauru, Rutera Hapeta, Rikihana Te Tarure, Peene Arama h.c, Ketewhia Te Wiata vide pp 77 New Book.

Order made in favor of the above named parties.

Waihoanga No. 3D

Hohipuha Kareamu, Hekiera Te Wharewhiti, Nuna Te Taurei, Rutera Hapeta, Peene Arama h.c, Rikihana Te Tarure, Ketewhia Te Wiata, Tewiata Te Horu, Hapeta Rangikatueua, Anihaera Hopihona, Amohia Takitahi, Winara Katipo, Atanatiu Reupana, Ngarati Te Tewe, Maraea Wharerakau, Hawea Kareanui, Mohi Wharewhiti, Wiremu Tahapeehi

Ordered that the title be made in favor of the above parties.

Tuesday 14th April 1874

Place – the same Present – the same

Turangarahui

Hare Wirikake put in a list of names for whom he applied for an order of the court – list read.

Kepa Whatanui and others object because their names are not included.

Ordered to stand over.

Waihoanga No. 4

Hape Te Horohau handed in a list of names for whom he asked for an order of this block – list read

Hapi Te Horohau, Te Kipihana Whuia, Keripa Piripi, Piwiki Hape, Pene Te Hui Rae, Wi Warena Parakai, Akara Ngahue, Samuel Cook h.c, Frank Cook h.c, George Cook h.c, Te Akau, James Wallace h.c, Porokoru, Hemi Te Rei, Peneti Te Rangiwahitu, Meretini Kuka, Pirihira Tumata, Rahera Natanahira, Haimona Te Keho, Huriana Te Horohau, Ihaia Motunau, Meretini Hape, Araina Karaka, Ihakara Tukumaru, Arona Te Hana, Moroati Kiharoa, Tamihana Te Rauparaha, Mere Arangi, Tiaia Peneti, Poria, Rakera Kipihana, Herani Hape, Te Hei Akara, Pineaha Kiharoa, Pipi Kutia

Ordered that a Memorial of ownership for Waihoanga be made and issued in favor of the above named parties.

Waopukatea No. 1

Metera Te Karaha handed in a list of names in whose favor he asked for an order of the court of the title to this block – list read

Metera Te Karaha, Poni Wahio Pita, Hemara Te Tewe, Akuhata Karanama, Ahenata Hapi, Maikara Matiu, Karepa Karanama, Pirinona Puhikaru, Parekawau Pihiwahine, Wireti Te Ruinui

Ordered that a Memorial of ownership for Waopukatea No. 1 be made and issued in favor of the above named parties.

Court adjourned for an hour.

At 2 pm the court resumed.

Ngakaroro No. 5

Matene Te Wiwhi handed in a list of names in whose favor he asked that the title to this block should be on – list read

Hemi Te Rei, Rawiri Wirihana, Henare Wirihana, Wirihana Te Rei, Te Wari Te Rei, Matene Te whiwhi

Ordered that a Memorial of ownership be made and issued in the foegoing names for the Ngakaroro No. 5 Block.

Waihoanga No. 1A

Rawiri Wanui handed in a list of names in whose favor he asked for an order of the title to this land – list read

Rawiri Rota Tahiwi, Rawiri Wanui, Keepa Kerikeri, Harawira Whareira, Raika Takarore, Hohepa Te Hana, Hohipuha Takarore, Ngapu, Natana Pipito, Eruera Te Hiapo, Rianora Te Tahiwi, Heneti Te Tahiwi, Maraea Rawiri Tahiwi, Harata Takarore, Pirihira Te Hana, Ruruhira Te Hira, Mere Ruihi Pahika

Ordered that a Memorial of ownership be made and issued in the foregoing names for the Waihoanga No. 1A Block.

Waihoanga No. 1B – 460 acres

Pitini handed in a list of names in whose favor he asked for an order for the title to this block – list read

Pitini Turoa, Te Ringatahekeheke, Te Karehana, Oriwia Karehana, Ramari Tukuwhare

Ordered that a Memorial of ownership be made and issued for Waihoanga No. 1B in favor of the above named parties.

Waihoanga No. 1C – 1362 acres

Rawiri Wanui handed in a list of names in whose favor he asked for an order for the title to this block – list read

Rawiri Wanui, Rawiri Rota, Pitini Turoa, Te Reingatahekeheke

Ordered that a Memorial of ownership be made and issued in favor of the above named parties.

Waihoanga No. 2A – 880 acres

Natana Pipito handed in a list of names in favor of whom he asked the court to issue an order for the title to this land – list read

Natana Pipito, Ngapu Paneiti, Eruera Te Hiapo, Te Peka Pipito, Te Rata Te Poutemoa, Te Kingi Ngapu, Hera Te Rapa, Hariata Hamuera, Areta Pipito, Parekarewa Te Waha, Hira Maeku, Apera Wi Te Patato, Rawiri Wanui - 4 other names could not be transcribed

Ordered that a Memorial of ownership in favor of the above parties be made and issued.

Waihoanga No. 2B – 1366 acres

For this land, Natana Pipito asked the court to make an order in favor of

Natanapito and Watene Tuwaewae

Ordered that a Memorial of ownership in favor of the above named parties be made and issued.

Wahaotemarangai No. 1

Moroati Kiharoa asked for an orderof the court in favor of

Moroati Kiharoa, Hoani Taipua, Kipa Whatanui, Karaitiana Te Tupe, Matenga Moroati

Ordered that a Memorial of ownership be made and issued to the above parties for this block.

Wairarapa

Hapi Te Horohau asked for an order of the court in favor of

Hapi Te Horohau, Kipihana Whuia, Pene Te Huirae, Wi Warena Parakaia, Piwiki Hapi, Peneti Te Rangiwahitu, Karipa Piripi, Piripi Pohu, Akara Ngahue, Porokoru, Haimona Te Keho, Tame Kuka h.c, Hemi Kuka h.c, Meritine Kuka, Te Akau, Pirihira Natanahira, Heni Te Rei, Hera Wi Warena, ria Piripi, Tiaia Peneti, Meretini Hape, Rakera Kipihana, Heraani Hape, Tehei Akara, Maraea Piwiki Hape, Mere Te Aranga,( Hokepera Tahui, Arapere Hape – added by Hape)

Ordered that a Memorial of ownership be made and issued in the names of the above parties for this land.

Muhunoa No. 1

Hema Te Ao asked for a Memorial of ownership for this land in the names of

Hema Te Ao, Ropata Te Ao, Hoani Taipua, Hemi Kuti h.c, Katarina Te Puke, Mere Hakaraia, Hipora Eruera Te Whiori, Makareta Taherangi, Eparaima Te Mahauariki, Anawarihi Ropata Te Ao, Reweti Ropata, Hema Ropata, Te Hauotaranaki, Hakaraia Te Reinga, Inia Te Reinga, Hoani Tawhiri, Eruera Te Whioi, Pene Arama, Hori Te Waru, Pou, Mahima, Te Ao Pineaha, Nikora Huarau, Munu

Ordered that a Memorial of ownership be made and issued in the names of the above paries for this land.

Muhunoa No. 5

5 acres at Aruhetakaka for Katene Te Waiho and Patoropa Te Ngae – plan to be furnished by Hema Te Ao.

Ngakaroro No. 4

Tamihana Te Rauparaha asked for an order for this land in favor of

Tamihana Te Rauparaha and James Howard Wallace h.c

Ordered that a Memorial of ownership in favor of the above named parties be made and issued for this block.

Court adjourned until 10 am tomorrow.

Wednesday 15th April 1874

Place – the same Present – the same

Court adjourned until 10 am tomorrow.

Friday 10th April 1874

Place – the same Present – the same

E. T. Woon said – I went on to the ground this morning at Te Taewa – the clearing of Kingi as directed - Rawiri, Natana and Rawiri senior - their claims commence here. I and a number of the several claimants went in a line towards Waihoanga. The bush is very dense and we came to the source of the Waihohoru about 5 chains from Kingi’s clearing. We followd the stream to Natana’s line and found a number of his trees. Eruera pointed them out. I think they are on the boundary line. We then went to Ringawhati to the tree of that name.

I am satisfied is considerably above the bottom boundary and within Natana’s claim. I consider that the amount of land within Natana’s claim as claimed by Pene Arama and co claimants would not exceed 50 acres. The surveyor who accompanied us will be able to give evidence as to the direction of lines etc.

James Thomson – licensed surveyor said

I went on to the ground in company with the interpreter, the district officers and several natives. I took this tracing. Natana accompanied us. Natana pointed out the boundaries of his claim. There are no fixed points in or near.

Natana Pipito said – We had a conversation on the ground. Arama says the map is wrong. He said this morning that the Miro trees referred to in his evidence are within my boundary.

I pointed out the old boundaries. No portion pf Pene Arama’s land is included in mine - According to the boundaries as laid down by Te Whiti Rawiri and Kepa. This is not a new boundary but a permenant one.

J. Booth – district officer – said

I went on the ground this morning. We were unable to fix any points. Natana Pipito said this is only a sketch map and may not be right.

The court informed the parties that they must go on the ground and fix their boundary by actual survey and that’s the further hearing of the claim would be adjourned until then.

Court adjourned.

Waihoanga No. 3

Hekiera – sworn

I live at Otaki. I am a Ngati Moewaka and Ngati Maiotaki.

I have a claim to this land. My parents told me this land was given by Tungia to Kingi, Matenga and Rangiwhata. Tungia was a Ngati Toa. The descendants of Tungia now living are Ngahuka Atanahu. It was given to Te Kingi at Kapiti.

When Kingi came back from Kapiti he stayed at Paremata. After that, he came further inland and occupied the land on which this house stands (Raukawa). While here, Rawiri and some of his hapu went to Kukuterau to divide their land at Manawatu. Te Kingi, Matangi, Mohi Te Hira, Maika and Totoke and their wives remained here. Hotoke’s slave ran away. Hotoke followed her. She was caught by Rangihouhia and killed.

Kingi waited for the return of Hotoke, Kingi, Matangi, ---- and another there went after Hotoke. When they got to the bush a Huia feather on a tree and that land is still known by the name of Pare-o-Matangi. They went on to the cross road leading to Waitohu and along Waitohu to Maramakopae. They cut up the land as they went. They slept in the bush and went on. Two women joined them – Rangiwhaea and Raita – they returned to the cross-roads and went towards Te Rere and on to Ringawhati then down to Te Rahui where they slept.

In the morning they went on to Waihoanga up Otaki River to Te Waimenu thence to Onehunga and Apiti. They returned to Otaki and cut up the land and they came.

Afterwards they went on to the land to put up their snares for birds and caught birds there for many years up to the time I was grown up. I went with Kingi and my parents to catch birds. Mohi said this is Parematangi pointing it out. Kingi’s tree was also pointed out. At Te Rere, Tamati pointed out tree. I remained with Tamati at Te Rere. Moihi went away – Moihi returned and I went on with him. We reached Kingi’s clearing.

I was shown a tree there. This is on the block before the court. Moihi then pointed out his tree also on Waihoanga No. -. We remained there and Tamati joined us during the day. We all went on towards Maramakopae. Hira pointed me out his Tutu tree there. Tamati pointed out his farther on but all on this land.

We went up Maramakopae hill and I was shown the Miro trees there. One of which was Kingi’s bird tree. We returned – on our way back we caught birds and arrived on a Saturday night. Next Monday, we went again for a week – bird catching.

The boundary at Waitohe side, was laid off when I was grown up – between Kingi and Ngati Pare – laid off by Kingi. He then said to his younger brothers, you remain and occupy this land.

In 1849, I went to Auckland to school.

In 1853, I returned and went on to this land to catch birds and I have never seen Rawiri of or Te Kepa there nor any other there – Kingi’s own hapu.

In 1859, my father died. Moihi was my father. He never told me to give my land to Rawiri or anybody else. Since his death, my brothers and I have contained in occupation of this land. Last year, Rawiri Wanui went on this land to shoot birds. He lost his way. I went to look for him but did not find him.

When the northern boundary was laid off, Kingi said to Hira, the south boundary had not to be laid off. It commenced at Pare-o-Matangi to P---‘s land to my clearing to Ringawhati to Kingi’s Miro trees. This is the place Eruera spoke of yesterday to Maramakopae.

These are the boundaries of the old people I have carried them on to the Queens boundary. I don’t admit all Ngati Maiotaki on this land. Kingi, Hira, Mohi, Tamati, Maika

Xed Hoani Taipua on behalf of Rawiri

You object to Rawiri Senior? Yes and Kepa and Rawiri junior.

When did you first object to others? At Native Land Court Foxton – when the claim was sent in. I never saw them on the land before that.

Didn’t you hear that Rawiri got food from the government on this land? Yes and I objected to it and presented his getting it.

Isn’t Rawiri a relative or father of yours? Mohi is my father.

Which is Kingi’s hapu? Ngati Maiotaki, Ngati Kapu.

Which is Rawiri’s hapu? Ngati Maiotaki.

Wasn’t Rawiri present when north boundary was laid off? Yes all were.

Are these Tungia’s boundaries? No Kingi’s – Ngati Maiotaki have authority over this land.

Weren’t Kingi and Rawiri first owners of land at Manawatu? Yes of Kotikotirau.

Court adjourned until 9.30 tomorrow.

Wednesday 22nd April 1874

Place – the same Present – the same

Hape Te Rangiwhata put in lists showingsubdivision of Ngakaroro No. 2 dividing the mountain side from the seaward by portion by Tamihana’s land into 5 portions as per lists Ngakaroro No. 2A, No. 2B, No. 2C, No. 2D, No. 2E seaward portion No. 2F.

The whole of the persons in the above lists to be in this.

Ngakaroro No. 2A

Hemara Te Hapoki, Karanama Te Kapukau, Kireona Whamaro, Hutana Ngarangiorehua, Harepa Karanama, Apera Te Hemara, Heta Te Hemara, Matiu Te Hemara, Hohaia Te Pahau, Makere Paniwahio, Pahemata Te Hemara, Ngaki Kireona, Te Amo Pita, Paranihia Harepa, Apikaira Te Hemara, Pia Apera, Menehira Te Manea, Ramari Matiu, Mihaka Karepa, Kireona Tuhe, Hane Mauaku, Maikara Punaiwi, Hirini Te Pahau, Kereania Pita, Mihipeka Tatana, Ruruhira Pini

Ngati Huia hapu o Raukawa

Order made in favour of the above named parties for Ngakaroro No. 2 A

Ngakaroro No. 2B

Hapi Te Rangitewhata, Te Karaka, Huia Karaka, Metera Karaka, Pirimona Puhikaru, Hakaria Te Wera, Wireti Ruinui, Puhi Wahine Karaka, Ramari Hura, Ahenata Hapi, Hikamate Hapi, Parekawau Pouawha, Erena Huia, Anihaera Hopihona, Kiritako Hakaria, Poni Wahio Hakaria, Pia Whakaraki, Pia Hakaria, Kapo Te Tou, Rano Paretaha, Aperahama Te Kere, Epiha Karepa, Riria Hapi, Akahata Karanama, Poni Wahio Pita, Te Ao Marere Karaha, Te Whawharua, Maikara Taia, Witarihana Rupuha, Merenia Karaha, Miriona Pita

Order made in favour of the above named parties in Ngakaroro No. 2B.

Ngakaroro No. 2C

Tamihana Te Hoia, Tiaki Hawea, Manahi Te Humu, Te Oti Kerei Te Hoia, Mere Hawea, Henere Karauaputa, Poopo Te Hoia, Kita Hamene, Wi Parata Te Hoia, Heriwanu Manahi, Kerehoma Te Paratawa, Hohua Te Ruinui, Paraone Tamihana, Epiha Tame Hawea, Te Oti Te Poopo, Apiata Tiaki, Areta Te Poopo, Paranihi Hawea, Katarina Hamene

Order be made in favour of the above named parties for Ngakaroro C.

Ngakaroro No. 2D

Moini Enoka, Renao Te Wharepakaru, Hema Te Ao, Mukakai, Karepa Karanama, Mihaka Karepa, Hema Ropata, Hone Wiremu Hapi, Ihaka Renao, Kooro Renao, Maaka Renao, Hanita Renao, Haimona Renao, Erana Tuparo, Maria Maihi, Kapo, Pia Hengia, Ahenata Hapi, Kaumatua, Rahera Rangiauripo, Pere Turi h.c, Pape Turi h.c, Ani Patere, Take Penehira, Hori Te Mataku

Ngati Kauwhata member of Ngati Raukawa tribe

Order made in favour of the above named parties for Ngakaroro No. 2D.

Ngakaroro No. 2E

Penehira Rangitiora, Iwi Makitonore (Hugh McDonald) h.c, Te Kira Ngapawa, Mere Tiaki, Katarina Kita, Keita Hemi Kupa, Hiriwana Manahi, Penehira Ngaoka, Hera Rangiuia, Maka Pukehi, Unaiki Wi Parata, Ranginui, Eruera Te Whiai, Makareta Pineaha, Ihaka Ngamara, Winara, Whui, Hare Wirikake, Paiura Te Rangikatatu, Pitihira

Order made in favour of the above named paties for Ngakaroro No. 2E

Hare Wirikake and Maka Pukehi protested against the list of names put in mine especially as Penehira Rangitiora was the first on the list. All the other members of the hapu present agreed to the list.

Ngakaroro No. 2F

Hemara Te Hapoki, Karanama Te Kapukai, Hireona Whamaro, Hutana Ngarangiorehua, Karepa Karanama, Apera Te Hemara, Heta Te Hemara, Matiu Te Hemara, Hohaia Te Pahau, Makere Poniwahio, Pahemata Te Hemara, Paranihia Karepa, Apikaira Te Hemara, Pia Apera, Menehira Te Manea, Ramari Matiu, Mihaka Karepa, HKireona Tuhera, Hane Manahi, Maikara Punaiwi, Hirini Te Pahau, Kereama Pita, Ngaki Kireona, Mihipeka Tatana, Te Amo Pita, Ruruhira Pini, Hapi Te Rangitewhata, Te Karaha, Huia Karaha, Metera Karaha, Pirimona Puhikaru, Hakaria Te Wera, Wireti Ruinui, Puhi Wahine Karaha, Ramari Hura, Ahenata Hapi, Hikamate Hapi, Parekawau Pouiawha, Erina Huia, Anihaera Hopihona, Kiri Tako Hakaria, Poniwahio Hakaria, Pia Whakaraki, Pia Hakarua, Kapo Te Tou, Rano Paretaha, Aperahama Te Keu, Epiha Karepa, Riria Hapi, Akuhata Karanama, Poniwahio Pita, Te Aomarere Karaha, Te Whawharua, Maikara Taia, Witarehana Rupuha, Merenia Karaha, Miriona Pita, Tamihana Te Hoia, Tiaki Hawea, Manahi Te Humu, Te Oti Kerei Te Hoia, Mere Hawea, Henere Korouaputa, Poopo Te Hoia, Kita Hamene, Kerehoma Te Paratawa, Hohua Te Ruinui, Paraone Tamihana, Epiha Tame Hawea, Te Oti Te Poopo, Apiata Tiaki, Areta Te Poopo, Parawihi Hawea, Wi Parata Te Hoia, Katarina Hamene, Hiriwanu Manahi

Members of Ngati Huia hapu of Ngati Raukawa tribe

Moihi Enoka, Renao Te Whare Pakaru, Hema Te Ao, Mukakai, Karepa Karanama, Mihaka Karepa, Hema Ropata, Hone Wiremu Hapi, Ihaka Renao, Kooro Renao, Maaka Renao, Hanita Renao, Haimona Renao, Erana Tuporo, Maria Moihi, Kapo, Pia Hengia, Atienata Hapi, Kaumatua, Rakera Rangiauripo, Pere Turi h.c, Pape Turi h.c, Ani Patene, Take Penehira, Hori Te Mataku

Members of the Ngati Kauwhata hapu of Ngati Raukawa

Penehira Rangitiora, Tui Maketonore (Hugh McDonald h.c), Te Kira Ngapawa, Mere Tiaki, Katarina Kita, Keita Hemi Kupa, Hiriwanu Manahi, Penehira Ngaoka, Hera Rangiuia, Maka Pukehi, Unaiki Wi Parata, Ranginui, Eruera Te Whiai, Makereta Pineaha, Ihaka Ngamura, Winara, Whiu, Hare Wirikake, Pauira Te Rangikatatu au a, Pitihira

Members of the Ngati Turanga hapu of Ngati Raukawa tribe

Order made in favour of Hemara Te Hapoki and one hundred and twenty others for Ngakaroro No. 2F.

Court adjourned till 9.30 am tomorrow.

Monday April 20th 1874

Place – the same Present – the same Clerk – E. Young

Te Ao appeared and applied that Muhunoa No. 1 be made inalienable.

Application granted.

Moroati Kiharoa applied that Wahaotemarangai No. 1 be made inalienable. No objection.

Application granted.

Rangatira Kapiti No. 4 continued

Plan by Wyles and Buck.

Rapihana Te Otaota – sworn

I live at Porirua and belong to Ngati Toa, Ngati Tumania and Ngati Haumea.

I know the land before the court and my parents claimed a right to it.

I object to Tamihana’s claim.

When Ngati Toa lived at Waikanae, I was one of them. Ngati Toa thought that Kapiti should be a place of abode for them. They crossed over to Kapiti. Te Rauparaha and Te Rangihaeata went to Wharekohu also Kimihia hapu.

Other hapu’s went to Rangatira. It was Ngati Tumania, Ngati Hangai and Ngati Haumia that went there. There were four hapu’s who settled on this block.

The old men of Ngati Tumania, Te Otaota and Meke and Te Teke, Mahuranga – these all belong to Ngati Toa.

While living there, Noheroa and Te Aratangata came to Rangatira to live together with them. Te Rauparaha and others were living at Wharekohu for three years. They had been occupying Kapiti for three years when the Ngati Apa, Ngaitahu, Ngati K--- and many others crossed over. Rauparaha was at this time occupying Taepiro within the block.

Ngati Apa and Ngati Kahu--- fell in the fight. There were 800 killed by Ngati Toa at Waiorua. Te Rauparaha’s party did not take part in this fight.

It was after the fight was over that Te Rauparaha went to Waiorua. It was after that time that he occupied there. It was then that the hapu’s named by me occupied and cultivated the land now under investigation.

The heirs and descendents of those people are now in court.

After this, there was another fight known as Pehitaka. It was at this time that Rangihaeata and Rauparaha built a pa and lived in considerable numbers in the Rangatira Block.

Ngati Tama were on the island when Te Rauparaha was living at Wharekohu. Ngati--- occupied after Ngati Toa but not long after, Ngati Tama were occupying one side of Rangatira.

Pehitaka was the name of the chief who was killed there. He was the chief of the Ngati Tama.

About the time of Haowhenua, Rauparaha crossed over to this side. At this time when Rauparaha came over, Ngati Tama had gone over to Wellington.

After the Haowhenua fight, Rauparaha and Rangihaeata went over to Mana. There were many who accompanied them. Rauparaha and these people had lived at Mana for some time and thir hapu’s were living at Kapiti. Rauparaha and party came then to Tahoramourea – an island first off Kapiti. At this time, Europeans were living on Kapiti. I do not know how long the pakeha’s were living there. It was nearly up to the time of the Kuititanga. They were whalers.

It was then that Te Rauparaha thought of selling the block now under investigation for tobacco.

Te Teke, Tungia, Te Rangihiroa and Te Hiko heard of this. They came and objected and prevented it. Te Rauparaha was at this time at Tahoramourea. Te Rangihaeata heard of this and insisted upon selling it for tobacco.

In consequence of Rangihaeata wishing to sell the land, Te Teke consented. The block of land which they agreed to sell for a cask of tobacco was limited to the place where the houses of Rangihaeata stood. After this the Kuititanga took place. After these hapu’s occupying for some time they thought of letting Maraetakaroro. The person who let it was Te Ohu to Brown. At the same time the block of land granted to James Cootes was let to the same European, Brown.

It was Pairoroku and Te Ringa who let this last named Block.

Ropata Hurumutu heard of this and interfered. The reason why he objected was that he considered James Cootes was the proper person to let it. The lease was null.

Shortly afterwards Tamihana and Matene let Taepiro commencing at Taepiro and ending at Kahikaka. Matene and Tamihana were confined within Kahikatea and Taepiro. These were known as old boundaries. The sheep that were placed upon this block were Browns.

Wi Parata placed sheep upon his block at the same time. The sheep that were placed upon Wi Parata’s block belonged to Bob Gillett. It was Wi Parata and Ngahuka and some of Ngati Toa Te Maunu’s hapu who leased the land to Bob Gillett. I don’t know the number of years the sheep had been on the land when Tamihana went over to survey. Ropata Hurumutu, Ngahuka and others heard of this and broke the chain of the surveyor. I was at Waikato at the time.

Xed by Hoani Taipua

Which is the place that you admit Tamihana and Matene as the portion they let? Between Taepiro and Kahikatea. Te Rauparaha’s house was a little to the north of Te Kahikatea. This house was called Te Umukiohau. It was not a very big house.

Whose is the land between Taepiro and the southern boundary? Tamihana’s and Matene’s right up to the boundary.

Which is the portion that you object to Tamihana on? It is the name of Rangatira.

Do you object to Horo Hawea’s evidence on Saturday? Yes. I do, he is not an old man.

Who is letting Rangatira at this time? I have not heard that the name of Rangatira is let at this time.

Have you not heard that Tamihana’s mother is buried there? She is there.

Is Ropata Hurumutu’s statement false that his claim extends over the whole block? It is partly correct and partly false.

Point out the boundaries of Rangatira Proper? Te Rere on one side and Kahikatea on the other from one side of the island to the other.

Whose is Tuteremoana? It belongs to the hapu’s named by me. Rangatira is the general name of that block. There are minor names but Rangatira is the general name.

Who consented to the erection of the Trig Station? It was put up by the pakeha’s, the natives consent was not asked.

Nopera Te Ngiha – sworn

I live at Porirua.

I belong to Ngati Toa. My hapu is Ngati Kahutaiki.

I will speak about the boundary at Te Rere. That is an old boundary of Ngati Toa and the hapu’s named by last witness.

I came forward to give evidence relative to the claim of Te Teke at Maeneene which is hown on the plan.

Te Kahikatea boundary was TeWatarauihi’s. He owned the Karaka trees there. Ngati Toa and the hapu’s named lived there at Kahikatea.

A ship called “Kirore” anchored off Kapiti. By the arrival of that ship we heard that Te Pehi was still alive. Shortly afterwards Te Pehi arrived. Te Rauparaha and Te Hiko were at Hokianga. This was the time that the Ngati Whakatere migration arrived. At this time the different sections of the tribes went over to Kapiti to occupy it. These people had occupied Kapiti when Ngati Tama went over there.

It was Topiora who placed them at Otehu. Pehitaka was their head chief. Otehu is between Kahikatea and Taepiro.

Part of Ngati Tama lived at Wharekohu. There was a fight took place and Karewa was killed. Karewa was a Ngati Toa. He was killed by Ngati Tama. These tribes Ngati Tama assembled and built four pa’s - Taepiro, Otehou, Te Kahikatea and Maeneene. We – Ngati Toa – attacked Maeneene and Pehitaka was killed. Topiora made peace and the fighting ceased. Ngati Tama then came over to the mainland.

Kapiti might be compared to a hive of bees at this time. The people were so numerous upon it. The Europeans at this time settled at Cloudy Bay and the people of Kapiti divided and some went over to Cloudy Bay in consequence of the whalers having settled there. Some came over to the main land. Part of Ngati Toa remained at Kapiti.

At the time of the Kuititanga, Ngati Toa left Kapiti and came to the main land. Te Rangihiroa lived at Kapiti. After the Kuititanga up to the time of the embracing of Christianity – these two things were at the same time. Tungia and others laid off the boundary at Te Rere. I cultivated at Maeneene. Te Rauparaha on the land in question and cultivated too.

Te Rere was a boundary between different hapu’s. Ngati Tumama and Ngati Haumia were on the land at Maeneene. At the time that the people went over from this side and occupied Kapiti, we cultivated before Te Rauparaha.

I corroborate the statement of Matene relative to the sale as stated in Matene’s evidence – also I corroborate the statement of Rapihana relative to the sale.

Xed by Hoani Taipua

Had not Rangihaeata cultivations at Rangatira? I am not clear about his cultivations. Part of the land was rocky and part sandy. It was only the sandy part that was used by him. Te Rauparaha had a cultivation on Rangatira. Waitohi was Rangihaeata’s mother.

Had not Rangihaeata his mothers’ cultivation? It was his men who cultivated it.

Whose is this place now? It belongs to Matene. The other land from the Kahikatea to the southern boundary belongs at this time to Tamihana and Matene. I also admit Tamihana and Matene to the top portion by Te Rere. Matene and his party lived many years on the block in question.

Hira Te Aratangata – sworn

I live at Porirua and belong to Ngati Toa.

I know the block under investigation. I have a claim to it through my parents Nohorua and Te Aratangata. I claim at Te Kahikatea and at Rangatira. At the spring, Toko, Ruatahi, Te Whataupoko were relations of Noherua, Te Aratangata and Mahuenga and Te Rangihaeata and Rauparaha. These people were the principal claimants of the land and lived permanently there. I went to Cloudy Bay and left the persons named by me to take care of the land. My uncle Nohorua cultivated at Kahikatea.

Xed by Hoani Taipua

When was it you left the land to these people to take care of? At the time of Haowhenua. The place I left these people to occupy was between Rangatira Point and Te Maeneene. I cannot define the boundaries of particular hapu’s. I can mine, I did not cultivate on this land but Nohorua did.

Hohepa Heremona Nohorua – sworn

I live at Porirua.

I belong to Ngati Toa.

I claim this land. I claim this block of land through my grandfather who cultivated on it.

When the tribes divided, they came over to the mainland. My ancestors left this block of land Rangatira. No other person after they left cultivated after them. I allude to Nohorua and Aratangata.

Up to the time of Tamihana’s survey, I went to disturb the said survey. I fixed a line from Kahikatea and then cussing to Tuteremoana which includes my cultivation. My line continued on till it met Te Rere Stream. This line was cut under my authority. There were many with me. These other persons were Ropata and Pumipi, there were many others. These were the principal ones.

My grandfather had a cultivation at Te Puna.

Xed by Hoani Taipua

When this boundary was cut, whose land was it to divide? It was between myself and Matene Te Whiwhi. The upper portion also is Matene’s.

Is this the only portion of Tamihana’s that you object to? It is mine only that I object to.

Whose is the cultivation at Tuteremoana? The trig station is there. No work done on that place previous to the erection of the trig station to my knowledge. It was in 1871 that I went there. It was previous to 1871 that Tamihana surveyed.

Was it at that time that you were acquainted with the boundaries of your land? My fathers told me they had cultivations within my block.

Is Ropata’s piece within your block? Yes it is.

Did you hear of Te Rauparaha’s cultivations on Rangatira? No.

Is Ropata’s statement correct that he claims over the whole block? I am not clear about that. All I know is about the line at Te Kahikatea.

Can you point out the different blocks, Ropata’s, Rapihana’s and yours? Yes I can.

By court

Have you cultivated on this land? No.

Then you can’t know much about it.

Pumipi Ropiha – sworn

I live at Porirua.

My tribes are Ngati Toa and Ngati Haumia.

I know the land. My ancestors had a claim to it at Tokakawau. My ancestors cultivated there. I did not cultivate there.

I have a claim also at Te Maeneene. My grandfathers also had cultivations inland.

Hauora was one of my ‘tupuna’s. He was of Ngati Haumia and Ngati Paretetiro.

Xed by Hoani Taipua

My grandfathers had a garden at Tokakawau. Tokakawau is a rock outside but my garden was inland.

Did your grandfather cultivated this place? I have not heard so. I heard that my grandfather cultivated in the bush.

Paranihia Paruparu – sworn

I live at Otaki.

I belong to Ngati Toa.

I know a block called Rangatira but I know nothing about the map.

I have a claim to the land. I claim all Rangatira. This land belonged to my grandfather Mahurenga. Matene has a claim.

Te Rauparaha occupied under the right or authority of Mahurenga. Mahurenga was the uncle of Tamihana.

Xed by Hoani Taipua

I know Te Kahikatea. It divides our boundary from Matene’s.

Was not Mahurenga’s claim over the whole of Rangatira? Yes, extending to the upper boundary was all Mahurenga’s and to Te Rere. At one side – I claim this land for myself and Erenora. I admit Matene within our claim.

Erenora Rangiuira – sworn

I live at Porirua.

I belong to Ngati Toa and Ngati Hangai.

I claim at Rangatira proper. I claim the portion claimed by Tamihana. It is mine. My ancestors and my father claimed it. There are only three of us women who claim this block.

There are four hapu’s within this block – Ngati Hangai, Ngati Tumania, Ngati Haumia, Ngati Terakuao. Tamihana’s place commenced at Taepiro and from thence to Wharekohu. Matene’s claim is on the top at Pikiwahine.

It was through an ancestor that Tamihana has any right on the block. He has no cultivations on the block now under investigation. These are separate portions – the land is divided. Te Rauparaha at Wharekohu, Mahurenga at Rangatira.

Xed by Hoani Taipua

You are a sister of the last witness? Yes. Part of the last witnesses’ statement relative to the boundaries is incorrect. Our boundary is at Maeneene. I did not cultivate there, my ancestors did. It was Matiu who pointed out to me the boundaries I have mentioned.

Whose is the greater portion of this block? The hapu’s I have named over my particular block. I heard that Mahurenga’s cultivations were greater than Aratangata’s.

Honorable Wi Parata – sworn

I have no claim to this land. Tamihana and I have arranged about the portion which I claim which is within this map.

At the time that this land was let, the Rere was laid off as the boundary of the land to be let in 1847 or 1848. We laid off this boundary because I heard that it was an ancient one. It was fixed at Waikanae.

Rawiri Kirb was alive at that time. It was a meeting. It was disputed and I gained my points.

I will now go back a piece. The slaves of Te Rauparaha were at Taepiro and this land was not occupied. The people were living at Waiorua. At that time I heard that that place belonged to Ngati Haumia. I also heard that a house on it belonged to Rauparaha. I was letting the land adjoining. Rangatira was let also. I do not know who received the rents of Rangatira. I heard that it was Matene that was letting Taepiro and Cootes the other portion. I did not hear of any trouble or any disturbance about these rents.

The Native Land Court was not established at this time. This land was let up to 1862. When Tamihana went off to lay of his boundaries, I and Ngati Toa went, Matene did not go.

I saw Ropata laying off a boundary at Te Kahikatea. I went to lay off the boundary at Te Rere dividing my claim from Ngati Toa and Tamihana’s. They commenced to lay off their boundary at Kahikatea according to native custom.

I returned to Waikanae and left them there. On another day I went across again and found their line had reached up to the mountain. This was in 1871. I then went to Auckland. In 1872 it was surveyed.

Xed by Hoani Taipua.

How may europens were leasingland at Kapiti? Two. D, Brown and Bob Gillett.

Where was the boundary of the land leased by Bob Gillett? It was at Te Rere I heard. I cannot state where Brown’s boundary was. It came to Rangatira. There was no objection. It was Tamihana, Paurore, Ru and Matene received the rent.

Court adjourned till 9.30 am tomorrow.

Saturday April 18th 1874

Place – the same Present – the same

Kaiwharawhara or Kapiti No. 3

The court stated it had arrived at a judgment in this case and would award the land to Hemi Kuti and co claimants and that the counter claim of Henare Te Herekau was not proved.

Ordered that a Memorial of ownership in the names of Hemi Kuti h.c and 17 others as per page 412 on ---

Kaiwharawhara or Kapiti No. 3 – 396 acres

Hemi Kuti h.c, Hema Te Ao, Ropata Te Ao, Hoani Taipua, Waitao Te Kanawa, Harati Kuti h.c, Hana Kuti h.c, Tare Kuti h.c, Heni Matiaha, Tatana h.c, Taine Kuti h.c and Hori Te Waru

Be made and issued to the above named parties

Rangatira – Kapiti No. 4

Matene Te Whiwhi – sworn

I live at Otaki and belong to Ngati Toa.

I know the land shown on the plan. It is Rauparahas, Rangihaeata’s, Mahurenga, Nohorua and Aratangata at the present time it is Meri and Tamihana’s. The fighting party of Ngapuhi. The first man who went to was Te Pehi of Ngati Toa (grandfather of Wi Parata) also Te Rangihaeata, Hape was Te Pehi’s on the southern boundary. When Pehi arrived, he left it to Rangihaeata and Topera. Rangihaeata’s was given to Te Pehi. Wharariki and Pouatakarehi was returned.

Ngati Toa then came – we arrived at Waikanae in the evening and next day went over to cut up Kapiti – ours was the canoe that landed first at Kapiti. Afterwards, Pehi’s canoe and afterwards, when all the tribes had arrived, Te Rauparaha and Whangairuoropena and Tokoahaki to Makiri, two years afterwards we cut up the whole of the island extending to the mountain which is within the map, we also cleared the bush for the purpose of making gardens to grow food. This was at Pikiwahine and Tuteremoana.

When Ngati Raukawa arrived, Te Rauparaha and Rangihaeata said to me, go and show your parents the land as cultivations for them. This was on the other side of Pikiwahine. Ngati Raukawa occupied two years and returned to Otaki. Ngati Raukawa never returned.

The first people who arrived at Kapiti were Ngati Toa. 2nd Ngati Tama and then Ngati Awa. I don’t know the date. Kapiti was left by Ngati Tama and Ngati Awa. They went to Wellington and left Ngati Toa on the island. Kahuoterangi and Waiorua is where they lived. Both these places are outside the map. We remained in possession of the middle of the island.

At the time of Haowhenua, we divided and went to the other side of the strait. Some remained. Nohurua settled at Te Awaiti on the other other island and also he and Makurenga at Cloudy Bay and they obtained rights over that party of the country, other sections of their hapu’s joined them and Kapiti was left to us and to Te Rauparaha and Rangihaeata to Tamihana and to me and have not returned as to this day.

In 1836, Te Maeneene was sold by Te Rauparaha. It was obstruded by Topiora and was not established or concluded. It was offered to Thomas Evans.

In 1849, Te Rauparaha, Tamihana and myself let some of the land. No one disputed our right to do so up to this day. Maybe we have heard of a dispute. The amount we receive for this land as rent is £10 per annum. Ngati Toa do not let any portion of it. The reson why the rent sums low is owing to the land being mountainous.

It is in 1845 that we ceased to live on the land. Ngati Toa have not occupied since Haowhenua.

Te Rere, the north boundary is an old one. It was laid off by Te Rauparaha. The north boundary is the boundary between Wi Parata’s claim and ours. There is no dispute about it, I mean the stream.

Objectors challenged.

Ropata Hurumutu – sworn

I live at Porirua.

I belong to Ngati Toa.

I know the land. It is mine and my hapu’s. It is not Matene Te Whiwhi’s or Tamehana’s. Their piece is at Wharekeru outside the claim.

The names of my hapu’s are Ngati Haumea, Ngati Tera, Kuao, Ngati Tumania - when we cropped. We went to Kapiti then our hapu went on to this particular block. Matene and his party went to the other end of the island. Mahurenga and his children came from Wharekahu and lived at Rangitira (land in claim) and cultivated food and took possession of the land for a period of these years, then Te Rauparaha came to Taepiro (within the claim) and remained there one year then the fight at Waiorua took place. Waiorua fell, Te Reingarepe and the Te Pourangi were captured also Te Kiwa Kaingakiore. Kaingakiore was sent to re--- some of their party who run away in the fight. They did not return.

Te Rauparaha did not take part in the fight. He lived on the land and sent ---- to the other side to make peace. Peace was made, the people who went returned together withal the people there. It was at this time that Ngati Apa came.

Previous to Haowhenua, Te Rauparaha came over to get up a war party. The fight Haowhenua took place. At this time we were on the land in question. We still hold possession and our children. Wi Parata and others are on the land. It was afterwards Haowhenua that I left Kapiti and went to live at Wainui near to Waikanae. I knew Te Rauparaha, he did not lay off the boundary of this claim.

X questioned by Hoani Taipua – counsel for Matene

Do you object to Matene? Yes.

Have they no claim at all? No.

Have you surveyed your claim? No. My people live at Waikanae and go to fish.

Did you object to Tamihana’s lease? No.

Are there not sheep placed by Tamihana on the land now? I don’t know. I have sheep on --- of the island.

Do you and Wi Parata object to Tamihana? Yes.

Which Place? Rangatira.

Why did not Wi Parata include the portion he claims within this map in his survey? I don’t know.

Did you see the survey of this land? Yes. I consented to the survey. I did so, that the claimer might be heard by the court.

When was it that Ngati Toa devided and left Kapiti? Before and after Haowhenua.

When did you leave? At Haowhenua.

Te Hora Hawia – sworn

I live in the province of Nelson.

I know the land under investigation.

I belong to Ngati Toa and Tumania.

I have a claim to this land to my knowledge this land was Mahuenga and is now held by Tamihana Te Rauparaha.

I was born at Porirua.

When Ngati Toa arrived, they staid at Waikanae and then cropped over to Kapiti.

Ngati Kumikumi and Ngati Mania occupied Rangatira. They lived there and cultivated food. This was near to Rangatira. Te Rauparaha and Te Rangihaeata’s clearing was at Pikiwahine. Rauparaha etc are relations of ours. He occupied up to the time of Haowhenua and then we went to Porirua and left Kapiti. I have been 20 years at Nelson and returned at the time of the survey of this land and disturbed Tamihana in this survey.

Ropata consented to let their case go before the Native Land Court. This place Rangatira was a place of abode of my fathers and Te Rauparaha also.

X questioned by Hoani Taipua

Do you object to Tamihana over the whole block? I admit them to the kainga’s.

Whose is the land now? It is all Ngati Toa’s.

When you went away to whom did you leave the land? To Matene’s ----.

Court adjourned at 12.30 pm until Monday.

Tuesday April 21st 1874

Place – the same Present – the same

Pukehou No. 5F – Waitohu

Hon: Wi Parata put in plan of part of Pukehou No. 5 being portion given by Hema Te Ao to Ropata Hurumutu and also showing five acres cut off forEmanuel Lemar.

Pukehou No. 5H

Names proposed by Wi Parata as certified owners ofPukehou No. 5.

Mareka, Ropata Hurumutu, Wi Parata

Ordered that a Memorial of ownership in the names of

Mareka, Ropata Kurumutu and Wi Parata

Be made for the above containing 138 acres.

Rangatira – Kapiti No.4 continued

Matene Te Whiwhi (evidence continued)

I wish to say that this land has been 30 years in our occupation and our claim thereto has onlynow been disputed. Relative to ---- evidence I wish to say that the cultivation referred to by him was a large one and not a small one as stated. There were large houses there belonging to Te Rangihaeata which were built for meeting houses. Te Rangihaeata’s house was called Te Umukiawhanganui. Te Rauparaha’s was called Te Umukiohau.

Xed by Hoani Taipua

Have you not a burial ground on the land? Yes, my brother Kahira is buried there also Tamihana’s mother Te Akau. This burial ground is at Rangatira.

Xed by Atanatiu

Do you claim this land for yourself and Tamihana? Yes.

Are there no other person who lived on this land than the persons named by you up to this time? Only Te Rauparaha and Te Rangihaeata. They are dead and we succeed them.

Did you not see some people of Ngati Toa living on this land? I have already stated to the court that between 1830 and 1840 Te Rangihaeata and Te Rauparaha lived on the land. I admit Mahurenga and Nohorua up to 1840 then they ceased.

Had not these persons cultivations on the block now under investigation? Yes, Nohorua and Mahurenga had.

Were not these cultivations evidence of ownership? I obliterated your brand, mine remains.

Was not this land Rangatira a pa? Yes, it was one.

Whobuilt the greater portion of it, was it not Ngati Toa’s? Yes.

Did you occupy the land during the period named by you to the court? Yes up to 1840 and up to this time we are still in occupation. In 1846, Te Rangihaeata and Te Rauparaha sold Maeneene. No one objected.

Is not your statement as to the dates contradictory? The sales referred to by me in my evidence were not disputed.

Case concluded

Adjourned till tomorrow for decision.

Mr Wyles claims for survey £49.1.6. Tamihana admits.

Waiorua – Kapiti No. 5 – 1645 acres

Wi Parata put in plan of Kapiti No. 5.

Wi Parata – sworn

I claim this land on behalf of myself and Ropata Hurumutu.

Objectors challenged: appeared Nopera Te Ngiha, Ngahuka Tungia, Tamihana Te Neke, Mary Niccoll, Rene Te Tahua, We Nera Te Kanae.

Wi Parata

The southern boundary is an arrangement between myself and the owners of the adjoining claim Kapiti No. 4. The boundary shown on plan of Kapiti No. 5 is the correct one.

I claim over the whole of the land shown upon the plan. When Ngati Toa went on to this land first, the canoe of my ancestors was the first to land on the block now under investigation.

On arrival there, they proceeded to cut up the land. Afterwards, others of Ngati Toa went in to the land but the land had by this time been cut up and divided. These who went shortly afterwards and those what first were on the land since time when the fight at Waiorua as spoken about by witnesses during the sitting of the court, took place.

The Ngati Toa considered that they had established themselves. The other tribes were defeated. Ngati Toa considered themselves the conquerors of the country. Ngati Toa considered that they had conquered and obtained possession of the land divided and occupied other places on the main land and across Cook’s Strait’s.

After that division, my ancestors lived permanently on this land. At the time that I arrived I saw them on the land. This was at the time of the Kuititanga. They were living at Waiorua together with the whalers. Whalers were living at Te Kahuoterangi and my parents were living with the whalers. There were no other Maori’s on the land. These old men occupied up to the time the whalers ceased to use it as a whaling station. Bob Gillett and O’Meara remained there.

The natives still continued to remain there.

In 1848, Te Oiroa and Penetiu died. I buried them. These were the persons who pulled the first canoe on to the land. My mother let the land in 1847. No one said a word against it. The Europeans remained to look after the old men. Oriwia, Ropata’s wife, heard of the land having been let by my mother. No men joined in this letting, it was done by women. Oriwia went to obtain some of the rent money. She and Ropata got some of the money. My mother gave it to them. The first rent was distributed to my ancestors according to native custom.

In 1853, my mother died and I administered the property. When she was ill and near her death, she desired to be taken to Waiorua to die there. She died at Waiorua. She was not buried there. She was buried at Waikanae.

I then let the land up to 1870. I purchased the sheep and cattle that were running upon the land – one thousand p---s also two boats. The sheep and cattle are there now. I purchased all the property connected with the run. My possession has not been disturbed up to this time. I have been in possession of the land from the first. I have lived at Waikanae and crossed over from time to time to Kapiti.

I hold the land now.

Haoani Taipua appeared to conduct the case for objectors and called

Ngahuka Tungia – sworn

I live at Porirua.

I claim the land under investigation. I claim over the whole.

When Ngati Toa came, we lived at Waikanae. Ngati Toa crossed over to Kapiti. They occupied Kapiti and cut it up. I stayed at Te Kahuoterangi. My fathers went over there. I had not arrived at years of discretion then. My parents also lived at Te Ngaiopiko. Te Rere was a permanent boundary of my parents and no other persons were on the land.

The dispute relative to this boundary, Te Rere, is only of a very late period. The persons who were on this land were Tungia, my father, Mahi Te Hua and Te Tahuarehu. These persons possession was not disturbed by anybody. I am not aware of the number of years they were on the land.

When the migration of Te Puoho came, these persons gave the land to Te Puoho. It was he who had a right to the land. Then my parents came to Ngaiopiko and occupied that portion. Puoho remained for a number of years and then came over to the main to Te Kenakena at Waikanae and returned the land to my parents who were then at Ngaiopiko. They then went and cultivated over the whole block along with the hajpu Ngati Kahutairi.

Wi Parata has no right over this land. Any claim that he has is through his mother but not on my piece. The only place that he has any right to through his mother is at Waiorua. The boundaries of which are defined. I let this land for 20 years. I don’t remember the dates. The boundary was from Waiorua right across the island on the north side and Te Rere on the south. The northern portion of this was Ropata’s, Pitiroa’s, Metapene’s and Oriwia’s. It was a matter of arrangement between us and the old people the fixing of the boundaries of the block of land to be let.

I received the rents. Wi Parata and Ropata received the rents of the block on the north side. This was for a period of ten years when another lease was entered into. The first leased was to Gillett and O’Meara. The second to O’Meara alone. Wi Parata said let the letting cease and let a term of five years be fixed for the sheep to run over the land.

Since consented, since did not, I did not consent. I waited for the expiration of the five years at which time Tumea crove the sheep off. Half of the sheep are mine. Five years was allowed, ther was no charge made and so I claime half the sheep.

Xed by Wi Parata

Did you live with your parents continuously upon this land up to this date? Yes, I have a right through my parents. We were there at the time of the Kuititanga. My father and mother died at Pukerua.

Were --- and Tungia the persons who had authority or right over this land that belonged to Ngati Toa? They had authority over their own pieces.

Did Mohi Te Hua live at Te Kahuoterangi? Yes. He lived there and at Ngaiopiko.

Was the stream of Waiorua an old boundary? It was a boundary of the time of the letting.

Are you living at Kapiti at this time? No, my name is there.

Were you the first to let this land? Yes, on my portion.

Have you the lease? No.

Did you sign a paper at the time the land was leased? Yes. I signed my name relative to my piece.

Rene Te Tahua – sworn

I live at Porirua and at Arapawa.

I belong to Ngati Toa and Ngati Kiraha.

I claim on the land on either side of Waiorua Stream.

When Ngati Toa came, they lived at Waikanae.

My canoe called “Waihou” went over to Kapiti. This was my father’s. This was at the same time that Ngati Toa as a whole went over also Ngati Koata and Ngati Awa then this block was occupied.

Some of Ngati Toa lived at Waiorua and Ngati Koata lived near Te Ngaipiko. They cultivated over the block. Tungia, Te Tahua, my father and Mohi went then to Te Kahuoterangi and also at the southern boundary Te Rere. The villages were Te Kahuoterangi and Kaititi. The villages were on the Hills. Two years they were cultivating the land when the Waiorua fight which has been spoken about took place, simply, my parents joined in the fight. My father was knocked over by a stone in the fight.

Ropata Hurumutu took part in the fight. He helped to dispatch a woman. The circumstances of this fight I have heard of I took no part in it.

My parents remained on the land afterwards.

I was born at Tamaiharanui’s time. When I was grown up, I saw a village of my parents at Tokomapuna – an island – then went over to Kaititi and saw Te Rangihiroa and Metapere also Te Hiko. I went to and fro between these places and Motungarara. I admit Wi Parata at Waiorua.

Te Tahua died at Kapiti and was buried there. He died at Kaititi and was put into a cave at Wharekohu. When my father died, Te Hiko, Pehi’s son, lived continuously on the land. Te Hiko is a relative of mine. I then cultivated at Tuwhapaua also on the side of the Okupe Lake and also at Te Awaiti also at Taopuku. Whalers went to Te Kahuoterangi. They were there one year when Gillett went to Waiorua. Te Hiko and Mohi Te Hua then went to Porirua and returned. This was after the Wairau Massacre. Myself and Wi Parata and some of Ngahuka’s men were at that time on the block in question living at Waiorua.

At the time that the land was offered for sale on the other side of the straits, then leasing commenced. We went to Porirua but came back again. Metapere then said she would let the land to Bob Gillett and John O’Meara. She said, let us send to the people at Porirua. Oriwia came and Ropata and Pitiroi and Mohi Te Hua and Te Waka and Nopera and Rawiri Puaha and myself and Ngahuka, it was then, by consent of these people that the lease was established. That is Metapere’s lease and all Ngati Toa. It was then the land was divided off as stated by Ngahuka. Bob Gillett rented one side of Waiorua and O’Meara the other side.

When Rawiri Kingi died, it was then that O’meara leased the whole of the land.

On the occasion of my coming with Bob Gillett and others from Porirua to Waikanae, it was then that Bob informed me he had given up his portion and that O’Meara was leasing the whole block. An arrangement was made about the rent money equalizing it on the blocks. A confirmation of the lease of the land to O’Meara was signed at Waikanae. I do not know the year. It was after the death of Rawiri Kingi. The persons in the lease were Wi Parata, Ropata, Ngahuka and myself. I did not sign my name to it. It was written by somebody else. At that time, it was arranged that Wi Parata was to receive the rents on one side and Ngahuka on the other side. It was only on my return lately from Arapawa that I heard of the expiration of the lease and the arrangement referred to by Ngahuka relative to the sheep.

I was told that a division of the sheep would be made and that I should share in it. I agreed to this as Wi Parata was one of us but afterwards, I heard that Wi Parata had paid for all the sheep with money. I admit Wi Parata on the north side of Waiorua but I wish my burial ground reserved at Ngaiapiko.

I am not aware whether Te Hiko and Rangihiroa had cultivations formerly on the south side of Waioru. I give up all the cultivations and land on the north side of Waiorua to Wi Parata.

Xed by Wi Parata

Was it at the time of Te Hiko’s death that you ceased occupying this land? Yes.

Was it also at that time that Ngahuka ceased? It was previous.

After Te Hiko’s death, did you return onto the land and live on it up to this day? My name is on the lease.

Did you see Teretiu and Te Oiroa on this land up to the time of the leaseing? I did so.

Did they live under the truth of Tungia or Te Tahua on that land? They did.

Were these the chiefs of all Ngati Toa? Yes. Pehi and Rangihiroa were also chiefs.

Was it to you that the person who first wanted to lease the land went? I have stated he went to Metapere.

Do you know the number of years you were absent from this land? No, I do not.

What I have stated to the court has been related to me orally by Ngati Toa and not been written about the division of the sheep.

For continuation of evidence see Wairarapa No. 2 Book for 51.

Court adjourned till tomorrow at 9.30 am.

Friday 17th April 1874

Place – the same Present – the same

New writer – most of his writing unreadable – (same transcriber – doing my best to transcribe this sitting)

Moroati Kiharoa appeared for an order in favor of himself for a --- --- Wairarapa called Waiotauru application refund.

Kapiti

Claims read

Wi Parata applied that the hearing of the Kapiti --- be heard at Waikanae that he had not put in a claim for his particular portion of Kapiti.

Hemi Kuti h.c opposed the application of Wi Parata and requested that the Kapiti claims be heard at Otaki.

Tamihana Rauparaha opposed Wi Parata’s application owing to the --- of Hoani Okoro.

Matene Te Whiwhi stated they (himself and party) were the parties who asked for Kapiti to be heard and wished the claims heard at Otaki.

Ropata Hurumutu supported Wi Parata’s application.

Hemi Kuti stated that he was an applicant and that if the majority of Ngati Toa were in favor of Parata’s application, he would withdraw his objection.

The court stated the Kapiti claim would be c---- today at Otaki and if it was ---- to adjourn to Waikanae the court would do so.

Tamihana Te Rauparaha applied that Hoani Taipua be allowed to act as spokesman on the part of himself and party.

Application granted.

Matene Te Whiwhi applied that his land granted to him by the court called Ngawhakangutu No. 1 be made in alienable vide written application attended to proper.

Application granted.

Kaiwharawhara (Kapiti)

Hemi Kuti h.c – sworn

I live at Otaki.

My mother belonged to Ngati Toa and Ngati Raukawa.

I know the land shown on the plan produced before the court. I claim that land. It is mine through my mother. I claim this land together with my mother – Waitaora Te Kanawa.

I call Matene Te Whiwhi and Wi Parata and ----- to prove my claim.

My mother inherited this land through my uncle – Te Rakaherea. When Te Poa was killed, Te Rauparaha and my mother went to Kapiti – were in a canoe belonging to Ngati Toa. They landed at Pouatakarehe near to Kaiwhara and at once commenced to pick wild cabbage from that time.

The claim was made ------ to her. At that time no person was living on the land claimed by me.

Afterwards, Te Rakaherea returned onto the main land to Waikanae. Te Rakaherea returned to Kapiti. His hapu followed him. Te Rakaherea was a chief of Ngati Tera hapu of Ngati Toa. He and his hapu remained permanently on this land up to the time Ngati Raukawa arrived. When they cleared the land, it was then that portions of Ngati Raukawa cropped over and returned again to the main land and left Ngati Toa in possession.

Ngati Toa then divided; some of them went to the other side of the strait. Rauparaha and Te Rakaherea went to Porirua together with some of his hapu and ----- and some remained.

On the land in question, Te Rakaherea joined Te Rangihaeata in his fight against the pakeha and afterwards lived at Poroutawhao.Te Rakaherea was taken away on board a ship.

The Porirua land sale took place, Te Rauparaha and Rangihaeata died at Porotawhao. Te Rangiraraku Te Poa – sister of Te Rakaherea left Porirua and lived at Otaki. At the time ---- lived at Kapiti and other pakeha. Rakaherea left, Rangiraraku his sister was left. Rangiraraku heard that Re Reinga had let the land I now claim to Brown, she objected and experred Brown.

After this, Kingi let it to Brown. When Kingi died Paeroraku took possession. My ancestor was consenting party to the land of Brown because she shared in the money.

Rangiraraku then took possession owing to the death of Pairaraku.

After this, my mother let the land which is nearly twenty years ago and is now let by her to Brown.

The southern ----- boundary of this claim was laid off by or and Wi Parata, myself and Matene laid off the boundary on the N.W, which is called Manawahineau.

Objectors challenged.

Henare Te Herkau stated he claimed a portion of the land now under investigation.

Henare Herekau – sworn

I claim part of the land shown within the boundary on the map. It is partly on one side and partly on the other. Our hapu Ngati Whakatere, came shortly after Ngati Toa and before Ngati Raukawa. Ngati Toa were from ----- Kapiti and nearly ----.

When we arrived, we were six years on Kapiti. When Ngati Raukawa arrived, we lived at Waiorua, Ngati Pourora, and Ngati Pihiahi went on to the land in farther and occupied it - Ngati Toa also. They lived there by consent of Te Rakaherea. He took them there and cultivated there, cleared the bush. This was in 1820. They – our hapu – built a pa called Tiwharariki on the land in question. The burial ground for the dead is on the south side of said pa. Our hapu also cultivated there up to 1840. In that year, my ancestor died and was buried in the burial ground. I have many of my hapu buried there.

At this time, Te Rakaherea had gone to Porirua and we were alone there.

In 1840 we---- --- by Bishop Hadfield came. In 1846 we were still on Kapiti, the teacher all came on to the main. Matene was one.

The church at Waikanae and that at Otaki also one at Pukerua were erected. It was then that our hapu left Kapiti so as to be near to the churches but we continued to visit our kainga on Kapiti.

We left Hori and Epiha behind. In 1840 we all left. In 1850 everybody left. When we left, we did not leave our land to any but retained our right to it. While we were on the land, no one objected to us.

X questioned by H. Kuti

Who is Kapiti now? Ngati Toa’s and Ngati Whakatere and the tribes who occupied them.

When you went to Kapiti who did you find on the land? Ngati Terara. We went there to live on the island then war fighting on the main land. We went to join our relatives.

Who is letting the land? I know nothing about it.

Te Watihi – sworn

I belong to Ngati Whakatere.

I know the land but did not know the commencement of this case.

If the boundary goes through the pa, it is wrong. All I know is the land Tiwharariki and that is mine. I admit Te Rakaherea.

We – Ngati Terara went on to the land. I went on to the land through Hanga. Hanga was a relative of mine, died then was blown up by powder.

I cultivated the land and then left and went to Waiorua. ---- ---- her land everything. When the hapu ceased occupation, they did not leave the land. I retained my hold on it. No one disputed my right to occupy. I have dead buried there. Tiwharaw--- was a fighting pa.

X questioned by Kuti

Who occupied Kapiti up to this time? In old times it was Ngati Toa. Afterwards, I did at the time of the second migration. At the present time, Kapiti is Ngati toa’s and mine also.

Who lets the land now? Wi Parata – to you – let any portion of Kapiti. I claim my burial ground. I don’t let it.

Did Ngati Toa give you all Kapiti? No. Parts of it. It was given to me by Tungia. This particular piece was given to me by Whanga, who is Ngati Raukawa.

How did Whanga get it? When he came in the first migration.

Wi Parata – sworn

I and Hemi Kuti marked off the southern boundary of this land.

This land Kaiwharawhara, 375 acres. Hemi Kuti and his party and I will state ---- I know during a period of many years I am 38 years of age. At the time of Te Kuititanga, I knew who was living at Kapiti. This was in 1839. At that time very few persons went on Kapiti. I did not hear of Ngati Whakatere. We lived at Motungarara close to the land now claimed by Kuti. The hapu at Motungarara was at Pauatakarehe within the boundary of the land were living.

The hapu of claimant, Ngati Tera on the other side of the boundary the people of Te Rauparaha were living. I heard that the land was let to a pakeha. The first lease was that of Matene and Tamihana’s. I never heard the lease of this land disputed.

After the death of Pairara, I heard from the pakeha who was letting the land that Kuti and his mother had taken the land. When Tamihana went to survey his claim, Kuti went to lay his off. When Ngati Toa heard of this, we all came from Porirua to fix the boundaries on Kapiti. Firstly, we laid off Wharekahu Tamihana’s, on the south end, then we fixed the southern boundary of the claimants portion, myself and Kuti laid it off. There was a dispute – we arranged it.

Court adjourned for one hour.

Wi Parata

I have a claim to the land adjoining.

After the boundary was arranged with Kuti, we came to arrange about Rangatira outside this block. After laid boundary was settled I never heard anyone dispute it up to the time of the Waikanae court. I did not object but I wished that the claims to Kapiti. He heard of one over the whole island.

Re: Henare Herekau’s objection

I have to say, during the time of my knowledge with respect to this land, I kow nothing or heard of him ---- to Haowhenua. I heard from our old man that wharemauku and Mataihuka were given to Ngati Whakatere.

This land, Kapiti, belongs to Ngati toa who came from Kawhia. Ngati Whakatere came from Maungatautari. They, Ngati Whakatere, came with the Ngati Tama migration. It was not at the time of ----- that Kapiti was abandoned. It was prior to Haowhenua by the people named by Henare. At the time of embracing ----- Ngati Whakatere had left. This place, Kapiti, was a place of refuge. The cultivations named by Henare were only used by them during the time they lived on the island and not as permanent place of abode.

In 1849, Henare and all his people had left and were occupying the main land. At the Foxton court it was stated that Ngati Raukawa had no right to the islands.

X questioned by Henare

Can you recollect when you were five years old? Yes.

Did you go over all the land when you were five years old? I went round it in a canoe and on a horse also.

Who had authority over this land? Ngati Toa had.

At this time, is it Ngati toa who have right on this land? Yes.

Did you not hear that Ngati Whakatere lived on the land? They did. I did not see.

Matene Te Whiwhi – sworn

I know the land now under investigation.

I have heard Hemi Kuti’s statement in the court this morning. I and Kuti laid off the north boundary of this claim. That boundary is right. There is no dispute about it. This land is Ngati Tera’s. It is a large hapu. The chief of that hapu were Te Rakaherea, Te Kanawa. They had the authority over that land.

I have heard Henare Herekau’s statement, ---- the same or the claim of many others which are dead (nil). There were a number of hapu who came with Ngati Awa. The major part went back from Ohau. The hapu’s who lived at Kapiti were Manakopihi,Hine----, Ngati Matunga. They afterwards left and went to Wellington. Other hapu remained amongst them were Ngati Whakatere.

When Ngati Raukawa left Kapiti – Ngati Whakatere left also and lived at Whareuouku. At the time of Haowhenua fight, Ngati Whakatere left Whareauku and went to Manawatu and remained there up to this day. At the time of the court at Waikanae, He---- made an application relative to Whareauku. His claim was disputed and he ---- to prove it ---- ---- had proved his claim there be ---- perhaps have a ---- claim to Kapiti. After Kapiti was used or a peace ---- --- ---- the tribes. Ngati Toa alone remained.

The court stated at this stage of the proceedings that sufficient evidence was placed before it so as to enable it to give a judgment and would give judgment at 10 am tomorrow.

After giving judgment in this case it would take the claim of Matene Te Whiwhi.

Court adjourned until 10 am tomorrow.

Saturday 17th September 1881

Place – the same Present – the same

Pukekaraka No. 5 – continued

Karanama Te Whakaheke – sworn

I live at Otaki. I am of Ngati Kapu. I have recently been to Waikato. I know Eru Tahitangata. He is one of chiefs of Ngati Kapu.

I know this land. Eru was here when this land was cut up. He went to Taupo after Haowhenua. Ngati Raukawa was there then. Haowhenua was before Te Kuititanga – three years before. My father killed a Ngati Awa and caused that fight. I don’t know how long Eru was away at Taupo. He came back before Te Rauparaha was caught (1847). I am certain Eru went away before Haowhenua. This land was cut up before Haowhenua. Te Uhi cut it up. Each hapu of Ngati Raukawa cut up their piece.

There were two hundred Ngati Raukawa’s ---- with Eru to Taupo. Eru came back before Te Rauparaha was caught. He may have been ten years away.

Xed by Tame Ranapiri

Pukekaraka is my permanent residence. It did belong to Te Uhi and his children.

I know Matana. He is related to Te Uhi and has an interest in this land through that connection.

I know Te Morere. I saw him working beside Perenara. Te Morere had an interest in this land also. He worked it therefore I say he had an interest in it – relative positions of cultivations pointed out. Morere’s permanent residence was outside the boundaries just near the creek. He had no wife when he was living here. I only knew his daughter Te Kaea. I saw Te Kaea here. I saw her at Rangiuru where she was married to a European. This piece has been fenced by Te Raiti and the R. C minister – each have fenced a part. No one objected to Raiti’s fence.

Xed by Perenara Te Tewe

There are thirty chiefs of Ngati Kapu.

Te Uhi Pairoroku assisted to cut up the land. Pukekaraka was a pa before the church was built on it. A hapu of Ngati Kapu lived permanently on it. You and I two lived so there. Matena Hokopaura lived here for some time. Anikanara’s statement is not true when she says that Matena only lived here a month and then died. The whole tribe gave permission for the erection of the church.

It was Tonihi suggested the building of a church here. The owners also agreed to bury their dead there. Te Waha was a priest. The R. C priest lives on it now and he alone.

I heard of the meeting of Ngati Kapu to cut out a piece for the church and burial purposes. The tribe had already given it but Te Raiti objected. The part cleared by the priest is the part that Te Raiti considered should be given to the priest.

Xed by Mr McLean

Te Raiti objected to this soon after her father’s death. The tribe would not listen to her objection because Te Raiti was trying to take all the land. She could get from the priest.

The tribe was right in my opinion.

Te Raiti was right if she could get the land. She was re-exed with us because none of ours was given to the priest. Te Raiti’s father gave the land to the priest. The whole tribe consented.

All the hapu’s were gathered to this pa. I don’t know when the church was built. The -------- church had been built some time before. We have an ancient burial ground at some distance from this place. We bury here now because the other is so far away. Tonihi gave this piece to the church. The boundaries were not defined. There was no survey.

The Mangapouri stream was the old boundary in Te Uhi’s tribe. Te Raiti’s fence and the position of her house pointed out. She now lives at Waitohu not on this land. She was only a child when the land was given to the church and would not be allowed to speak at the meetings of the people. Te Uhi invited the tribe to come and live here.

Xed by court

I heard that Morere belonged to Ngati Raho hapu of Ngati Raukawa. I was at Patetere when Te Morere died. I did not see where he was buried nor did I hear where he was buried. Had he been a great man, I should have known his burial place. I don’t know if Te Morere had any claim on Ngati Raukawa lands at Patetere. I knew Perenara was brother in law to Tonihi.

Tonihi gave this portion to the R. C. mission. The boundaries were not defined then. The priest was told to put up his fence at once. Te Raiti objected to the gift by her father for the first time about 2 years after her father’s death. Tonihi’s gift was a free one. It is quite recently we suggested our present action because of our dead.

I appear as witness for Perenara. He called me.

Te Raiti has no interest in this block because her father gave it to the R. D. mission.

I have heard that William Gillett has been admitted as an owner of land at Waikato because of his connection with Ngati Kapu through Te Morere.

Hakaria Rangikura – sworn

I am of Ngati Kapu. I live at Otaki.

I wish to give evidence. I knew Te Morere. He was Ngati Raukawa. He had two hapu’s viz – Ngati Te Ao and Ngati Iterangi. I was related to Morere.

Click on view to see family tree.

I don’t know if Te Awanui was father of Piki and Tumia. Te Morere was a rangatira. He lived between the creek and the new road. He also lived on this land. He worked outside the boundaries. I remember the laying off of the Waitawa Mill case. Te Morere was not present then.

Xed by Tame Ranapiri

I only know by hearsay that Te Morere was connected with Ngati Te Ao.

I know this land. It was Te Uhi’s when cut up. He had also all the adjoining land.

I knew Matana. He has a claim on this piece through Matarina. Matarina was Tonihi’s wife and Perenara’s sister.

In my opinion this land belongs to Tonihi.

Our wire fence put up under Te Raiti’s mana begins on the N. W. and goes round to Waitohu. The priest’s fence – also pointed out.

Perenara Te Tewe

I claim to be a Ngati Kapu through my mother’s mother Pareurunga.

It was you asked me to come to lay off the s. E. boundary of this piece. You told me that Te Raiti and you had settled the line. The church was built in spite of Te Raiti’s objection. Te Raiti was not with us when we laid down that S. E. line. The only part objected to by Te Raiti is a small strip on the S. E. boundary.

By court

Te Morere came here with Ngati Raukawa. Morere cut up a piece for himself at Maringiawai. The whole tribe came and settled down there at Maringiawai. This was the first migration. Morere came with the second migration not with the first who cut up Maringiawai into sections for the second migration to come and settle on.

Te Uhi came to this piece first and invited Te Morere to come to his piece. Of those I have spoken of Te Morere is the only one who came on to this land. Ngati Te Au are residents of Otaki.

Eru’s statement that Morere was serf to Te Kuru is wrong. I heard and also saw Morere living at Huritini. That was Te Kuru’s residence. He went there to get eels. We went there through Te Ra.

I never heard that Morere was of Ngati Turanga - I don’t know. I have seen Te Kaea. She was a child and did not cultivate. She was taken away by her husband when she was young. She cooked food for herself and her father on this place.

John Webber – sworn

I am a carpenter. I live at Otaki. I came here in October 1849.

I knew Te Morere very well then. I came here to put up a mill under Mr Fitzgerald - the wheat mill of the Pikopo. I can tell some of the people who laid off the place – Te Morere, Te Rawaraki, Tonihi, Kohiko – (a man with a split lip) and Te Rakau and Matipu. These were all present. I then thought Te Morere was consulted as much as any of the others. He was along with the principal men and I understood him to be consulted.

The present R. C. church has been built since that time. The first R. C. church was built on the top of the hill and was ministered in by father Resount. There are two burial grounds – one on the hill where the church stands, the other now in use, is on the other side of the bridge. I think the church was begun 26 or 27 years ago. I was here at the time. Te Morere was here then also. I was in father Resounts employ. He said this piece of land has been given to the church. You may plough an acre for your own use. This was 28 years ago. The other workmen had the same privilege. We all understood this was church land at that time. I believe the land was given on condition that a new church should be built. The raupo church was there 30 years ago.

Xed by Tame Ranapiri

I was led to believe that the owners of the land were those who gave it to the priest. I don’t know the boundaries of this piece shown on the plan. I can go over the boundaries pointed out by the priest. The piece given at Waitohu was not to the mission. The creek was the boundary of the gift to the mission.

A township was laid off at Waitohu by Fitzgerald. It was not on the side of the burial ground – on the right side of the last or third bridge. The burial ground is on the west side of the road. The township was laid out on the E. side of the road and Waitohu creek.

What we cultivated by permission of the priest was on the Otaki side of the creek. I believe it was part of the land given to the church.

Re-exed by McLean

I know where the new Catholic Church is. It was not on that lands were allowed to plough. The distance from the old and new church was not more than 2o or 30 yards horizontally. I understood that was all church land. The old one was standing 30 years ago.

Court adjourned until 10 am on Monday.

Thursday 22 September 1881

Place – the same Present – the same

39 Takapu

Claim read

Tamati Ranapiri said – I have no claim to this land.

Dismissed

61 Titokitoki – 5067

Claim read – plan produced

By Maclean

Rikihana Te Tarure – sworn

I live at Otaki. I am of Waikato of Ngati Tuheia of Raukawa.

I know this land. I got the survey made. It belongs to my parents to Petuha Te Koroheke and Wiremu Te Marewha. Petuha was the first to take it. We have had it ever since as a dwelling place and a cultivation. No one else occupied it. We have never parted with it. We still hold it. Petuha is a relative. Wiremu Te Maruwha was my uncle – the brother of my mother Kukura.

Objectors

Hoani Taipua said – there are several persons. I appear on behalf of Harata Te Karore.

Karaitiana Te Ahu – admitted

Hariata Hohipuha Kareanui – admitted

Hariata Hamuera – not admitted

Hekiera Wharewhiti - not admitted

Winiara Pariarua – not admitted

Te Raiti Tonihi said I wish to see the lines on the ground before the court proceeds with this claim.

Hoani Taipua suggested the advantage it would be to allow the counter claimants to go on the ground with the surveyor.

Granted

48 Te Awamate – 452

Claim read – plan produced

Dr Buller said – I appear on behalf of Hema and Hoani – in the interest of Dr Hewson’s estate.

H Taipua said – I am quite lawyer enough to conduct my own claim. I did not employ Dr Buller.

Dr Buller said – then I withdraw and trust to the honor of the claimants to fulfil the engagement to Dr Hewsons estate.

Hoani Taipua – sworn

I am of Otaki of Ngati Pare, Ngati Huia, Ngati raukawa.

I know this land described on the plan. This land belonged to my father Karaitiana Te Pinea-i-Rangiriri.

My evidence will be confined to the part within the fence. The whole piece is a section in the township. My father obtained it when the township was allotted. Moroati Kiharoa had a house on it. Te Runanga allotted this piece to my father and he was never disturbed in his occupation of it.

After my father went to Manawatu, Hakaraia went to live on it.

I wish the certificate to be issued in favour of myself and Hema Te Ao.

No objectors.

Xed by Dr Buller

I heard that this section was sold to Dr Hewson not by my father. I never saw Dr Hewson living on it. The fences were put up and Dr Hewson occupied it.

I heard that Henare H. Taratoa gave him permission to occupy. It is quite recently I heard that Kerei gave this piece to Taratoa. About 3 years ago I heard it. Kerei was of Ngati Pare. Kerei had no interest in this land.

My father was the only owner of it. I don’t know the year of my father’s death. My father had died before this piece had been given to Dr Hewson. I went and told Dr Hewson that he was wrong in occupying this piece. I gave in to him because I was afraid. He was the only doctor here and my lige was in his hands.

Puke also objected to the doctor. I not only objected personally but I wrote to the government in the matter.

Buller here put in memorandum of agreement written by H. W. Taratoa dated 19 May 1859 to sell to Dr Hewson the allotment in question.

Assessor admitted the genuiness of the instrument.

Taipua said – if we obtain the title, we do not consider ourselves bound to carry out the agreement produced and we shall not because we have been bothered so.

By Assessor

I did not see Henare on this piece. Henare was one of the teachers in the school at Otaki.

H. W. Taratoa was married to Rahapa here at Otaki. He lived at the college. I never saw him working on this section. When I objected to the doctor occupying, he informed me that Kerei had given this piece to H. Taratoa. I persisted in my objection. It was H. Taratoa gave it to the doctor. I have seen the memo of agreement produced by Dr Buller. I still persist in my objection to this disposition of the land.

Kerei was not my father. I claim this land through my father. This entire piece belonged to my father. My father was dead before the gift alleged to Kerei Te Aninarere. My elder brothers were then young men. Te Aninarere is since dead.

Dr Buller said – I call on behalf of Dr Hewson

Rapata Ranapiri – sworn

I am of Tukorehe. I live at Otaki. I was born here and have lived here all my life.

I knew Henare Wiremu Taratoa. He was my schoolmaster.

I know the land now before the court. Dr Hewson now occupies it rather his children.

When I was a pupil in the school now used by this court as a court house, H. W. Taratoa was the teacher. When H. Taratoa went to ask K. for this piece, Kerei consented. K---- gift was £10.0.0. I heard the arrangement made. It was settled by the old people. Te Rei Paehua was present.

When H. Taratoa took possession of it, there was no fence round. H. Taratoa got us schoolboys to fence it and plough it and plant it for him. We worked it two years for Henare. The second year we put in wheat for him. It lay idle then for two years. Henare then wished to return to Tauranga. The bishop did not consent. Dr Hewson occupied a part of the college with us. It was there, I heard the doctor and Henare negotiating for the sale of this piece. Henare consented to sell the section and fences to doctor and gave him possession of it.

The doctor leased part of it to Europeans afterward and took rents for it. We worked it for Henare for two years. The third year it was sold to Dr Hewson.

Hoani’s father died long before this. I never saw him. H. Taipua and Te Aumarere were here then. I never heard anyone objecting to Kerei Te Puke’s title to this land. It is only quite lately that we have had any rumour of that.

These transactions were all prior to the establishment of the Native Land court. Te Rei Paehua was a leading chief of Ngati Kapu as was Kerei Te Puke. Kerei was also of Ngati Raukawa and a great chief. The first in------ of any claim adjacent Kerei’s was when I saw the Kahiti for this court.

I never heard anyone disturb Dr Hewson’s occupation of this piece nor any objection to him during his life time.

Xed by Hoani Taipua

Kerei was the only owner I know. I did not hear of an earlier owner than he.

In 1859, the date of the sale to Dr Hewson was the time I went on this piece first to work for H. Taratoa. I was not present when that document was written. I heard them talking about it. There was nothing whatever on the section when we went to work there for H. Taratoa. We saw neither post or stick or mark of any kind of whare’s.

Xed by court

I am a witness for H. Taratoa. Kerei Te Puke gave it him. H. Taratoa’s children are at Tauranga. Henare sold it to the Dr before he went away. Kerei Te Puke left no children. Kerei Te Puke was the paramount chief of Ngati Kauwhata and I heard this land was the property of Ngati Kauwhata. Kerei lived at Hakarai’s house. He married Hakaraia’s widow. He had several kainga’s.

Tame Ranapiri – sworn

I am of Otaki. I am of Ngati Tukorehe.

I know the land before the court. I heard it belonged to Dr Hewson. I heard when I was at school that Kerei had sold this piece to Henare Taratoa. I can’t speak for others. I heard it. I went to work on it with others for Henare.

I never heard of any objection to Henare’s occupation. I was too young. We planted potatoes at first year. The second year, wheat, and I think it was then sold, wheat and all. It was sold to Dr Hewson. I at any rate knew it. Dr Hewson occupied it with stock. Other pakeha’s also occupied it similarly. I don’t know who gave this last permission.

I heard that Henare died at Tauranga. I never heard that Hoani Taipua and Te Aumarere objected to Kerei. I heard Hoani say this piece belongs to him. This is within a few years.

I understood at the same time that the place was sold and his claim gone. The panui for this court was the first intimation I had that he was claiming it. I knew Hoani Taipua had mana but I don’t know over what land.

Xed by Hoani Taipua

I saw Hakaraia Kiharoa’s house on this section. This was before we went to work there for Henare and before it was sold.

We found remains of posts when we were ploughing the section. Posts were standing on the E. and south. I don’t remember how many of the boys were engaged here for Henare. There were no roots of trees. It was all in grass.

I never saw Kerei living on this piece prior to that gift. I saw him living on the opposite side of the road. I don’t know if the land he lived on was his. He lived there.

Rapata is younger than I am. I was not one of the fencers. I was one of the ploughers and planters.

I saw Hakaraia living on this piece before the land was given but I did not see Moroati there. I saw Hakaraia’s fence on this land. I don’t know where Kerei lived when Hakaraia was on it.

Xed by court

I know by hearsay that Kerei sold this piece to Taratoa. I also heard that Hen are sold it Dr Hewson.

Dr Buller said – his other witness Rawiri Wanui was too unwell to bring him out today but he would ask the court permission to call him afterward.

Claimants case

By H. Taipua

Hema Te Ao – sworn

I live at Otaki. I am of Ngati Pare of Ngati Raukawa.

I know the piece now before the court. Karaitiana, your father, owned this piece. He got it when the township was cut up.

Hinerau Te Ao was also an owner of it. Hinerau was my older brother - that part to the west was Hinerau’s.

In 1846, people came from Rangiuru to Otaki. In 1847, Karaitiana had a stockyard in the S. E corner of this piece. Hakaraia and Hinerau were interested in that stockyard. The town was afterward cut up into sections and this piece was recognized as Karaitiana’s and Hoani’s father Karaitiana built a house on the section. Moroati built a house on it also.

Moroati was brother of Hoani’s mother. They put a fence all round this piece. Karaitiana went to Manawatu after living on this section here for some time.

Hakaraia took possession and remained to look after the place. Hakaraia afterward built a house for himself on the other side of the road. At the same time he was looking after this section.

My parents never objected to Karaitiana on this piece because they were near relatives. When the township was cut up, Kerei was living outside the boundary of this section on the land granted to the mission. Kerei has another piece at Piritaha and when the mission took this, he went there to live.

I never saw Kerei living on this section. The only people we saw on this piece were Karaitiana and Hakaraia and Katarina.

I heard that Kerei gave this piece to Henare and I went and objected to him because this piece was not his. Kerei then told me that it was simply as a place for Henare to grow food on as he had no other place.

This was not a public act of Kerei’s. He gave it privately and did not consult Ngati Pare. The sale by Kerei to Henare was not a bona fide one. Kerei was my cousin. I first objected to Kerei giving this piece to Henare in 1859. I don’t know whether Hakaraia claimed this piece for themselves. I never heard it.

Renao is the survivor of Ngati Kauwhata who owned this land before it was cut up. Kerei and his people were then living over the hill by the graveyard.

Xed by Dr Buller

I am one of the claimants. Hoani and I arranged to claim this piece. Hoani’s was the better claim.

The whole of Ngati Pare lived on this piece. Hakaraia then Kaituki died there.

The allotments of the sections at the cutting up of the town was made by Ngati Pare in committee or runanga.

I know this by hearsay.

In 1846, Hinerau, Karaitiana and Moroati occupied this piece.

I don’t know when the land was surveyed. These surveys were made after their occupation.

Hinerau and others were living on this piece when the survey of the town was made. I did not see the survey. I forget the year it was made. Kerei Te Puke was a relative of ours – second cousins.

Para Whakatau Te Puke Kerei

Te Puke had no claim on this land. All Puke’s land went in the part to the church. I was not present when Kerei gave this piece to Taratoa.

I objected to it and said you are stealing a section. It is Karaitiana’s and Hinerau’s. I set up no claim at that time because I was only a youth.

I heard after Henare went to Tauranga that he had given this piece to Dr Hewson and I then objected.

About 1866, I then told him he had no right on this piece. I did not eject to the doctor occupying while he was alive because he might have administered some poison. The doctor was absent when I made a survey of this piece. Had Ngati Pare not giben this land to Karaitiana and others we should have no claim to it.

We wish our title on the whakatanga of this committee. We did not see the committee. What we know about the committee is from hearsay.

Xed by court

Kerei Te Puke was a great chief of Ngati Pare.

I don’t know when Karaitiana died – whether before or after the measles. He was here when the school was on the other side of the road. He was here when this township was cut up.

Henare was our brother in law. I was married at the time I objected to Kerei. Had Henare Taratoa remained on this piece, Taipua and I would still have objected to him.

I heard it had only been given to him by Kerei as a food place.

Dr Buller – asked for leave to produce such evidence as Rawiri Wanui could give so that the court will have taken such steps as it deemed necessary to ascertain the title of the applicants to this land.

Granted

Court adjourned until 10 am tomorrow.

Tuesday 20th September 1881

Place – the same Present – the same

20 Pahianui

Claim read – no plan

Dismissed

23 Pahianui

Claim read – no plan

Adjourned

78 Moutere – W. D. 450

Claim read

Dr Buller said – I appear on behalf of Hema Te Ao and his co claimants.

Hema Te Ao – sworn

I am of Ngati Raukawa. I live at Otaki. I am one of the claimants with H. Taipua and Mahauariki.

I know the land. It is part of land given by the chiefs to bishop Hadfield many years ago. A barn stockyard and cowshed have been built on it. It is about 30 years since it was given to the bishop up till the present. No one ever disputed his possession. I was one of the owners at the time the gift was made. One of us lived and worked there – viz Haurangi who married Poia, this was before the gift. Haurangi left no issue and no one has ever claimed on his behalf to any share in the land.

Mr Carkeek discovered that this land had been excluded from the grant. The whole tribe was under the impression that it had been included. We now desire the title ascertained for the purpose of returning it to the mission.

Objectors

By Tame Ranapiri

Te Raiti Tonihi

I belong to Ngati Kapu. I live at Otaki.

I know the land described on the plan. This is a new name for it. Te Kapu o Te Korokiko is the old name. This piece belonged to my grandfather Te Uhi. He cut it up about the time of Haowhenua. It was after Pukekaraka had been cut up. He worked on it, my father also. I don’t know whether my father gave this piece for a school purposes. There are people here who know that this piece belonged to my father.

By Dr Buller

Tonihi was my father. He is dead. Te Uhi was my grandfather. He raised crops on this land (place pointed out). I didn’t see him there. All my evidence is hearsay. My father worked on the land also. Were I on the ground, I could point the place where my parents worked as I have been told.

Ahitangutu is owned by Te Ra and Hakaria. My parents had no right on that land. Ahitangutu adjoins this land.

Part of my grandfathers’ land went into H. Taipua’s grant of the land where the public house stands. My grandfather had no rights outside these boundaries. The plan shows the exact boundaries of my grandfathers’ land. The people told me this. The land we had towards the east has been taken with H. Taipua’s grant. I know nothing about it except what I have been told.

Re-exed by T. Ranapiri

The part included with Taipua’s grant was sold to him by my father. I heard this also.

Xed by court

When I first heard this was my fathers land was when Carkeek surveyed it. Were this piece included in the grant to the mission, I should have nothing to say to it. I

I don’t know which the catholic or Anglican missions were here first. I have seen the buildings and fences on the land belonging to the mission. My brother did not tell me this piece was mine.

Pene Te Hapupu – sworn

I am of Ngati Tuhe of Ngati Raukawa. I live at Otaki.

I know this land. I see the site of the barn. Takapu o Te Korohiko is the old name of this land, beyond the stockyard belongs to Te Uhi, the other part is mine.

We seized this piece at the cutting up of the land. My own piece is still in my own possession. I was not present when Ngati Raukawa gave land to the church mission.

Hapimana’s land was on the N. E. The S. W. part was Uhi’s land.

I heard Hema and Taipua’s claim. I object to their application for investigation.

Xed by Dr Buller

I want my name in the certificate.

I heard Te Raiti’s statement. Some of her statements are right, some are wrong.

I owned the N. E. part with hapimana. I know nothing of the boundary line shown on the map. It may have been Hana’s or it may have been Te Raiti’s.

I was in Waikato when the gift was made.

Te Uhi caught this piece himself. I was tattooed there. I saw him working there. This piece was cleared after Kuititanga. Te Uhi died at Te Kuititanga. Tonihi then took this land. Tonihi was alive when it was given to the mission. His claim did not extend over the land given to the mission nor did it extend beyond this black line but it did extend with the grant to Taipua. Hoani took that piece of Tonihi’s land.

Raiti’s claim does not extend S. of the line nor does it extend N. of it.

Our piece is from the black line N. to bishop Hadfield’s boundary. We knew nothing of the boundary. It was not an ancient one. It was discovered the other day but for this there would have been no boundary.

My ancestral claim is within the boundaries on the plan. Where the barn now stands is the land I seized.

The gift to the mission was made when I was at Waikato. When I came back I did not object. Had Rawiri made the survey, I would have assented.

Xed by court

We worked here after Haowhenua. It was bush when we took it. Te Uhi worked on it. My elder brother married Anikanara and was burnt here. The whole piece was cultivated. Tonihi worked on the same ground as Te Uhi.

This black line is a new boundary. The proper boundary between Te Uhi and me runs parallel to this but he’s farther to the N. E.

Part of my land is in grant to the mission but I have no desire to recover that. It has gone. I have no objection to the gift by Ngati Raukawa to the bishop.

I believe this piece was excluded from the gift.

Karanama Whakaheke – sworn

I live at Otaki. I am of Ngati Kapu.

I know this land. Te Kapu-o-Te Korohiko is the name of it. Moutere is a new name for it. It belonged to Te Uhi and Tonihi. I don’t know the boundaries. They cut it up after Haowhenua. They worked on it – cleared the bush. I heard this piece was given up by Ngati Raukawa to the mission.

Kapu o Te Korohiko was the name of the land given to the mission. I was not here at the time but this piece was excluded from the gift.

I did not see Tonihi when the land was given to the mission. I heard that the piece then given has been granted to the mission.

Xed by Dr Buller

I was at Otaki when the gift was made. I don’t know whether Tonihi had any part in the gift.

Hakaria Rangikura = sworn

I am of Ngati Kapu of Ngati Raukawa. I live at Otaki.

I know the land. I am not sure of the boundaries. It belonged to Te Uhi. He seized it. After Haowhenua, he worked it - his children also. I saw them working there.

I remember the piece given by Ngati Raukawa to the school.

I heard that Kapu o Korohiko to Taumanuka was given. I don’t know whether this piece was in or out of that gift. Tonihi was at Waitawa when the gift was made to the mission. I heard no objection to Hadfield’s fence. This is now Te Raiti’s land.

Xed by Dr Buller

Te Raiti and others are the owners of it.

I don’t know the proper boundaries.

I only know that Takapu o Korohiko belonged to certain natives. Tame Ranapiri has no interest in Takapu o Korohiko.

Re-exed by Tame Ranapiri

Hoani Taipua had no interest in the southern part of this land. He was outside.

I don’t know Hema’s part.

Xed by court

Ngati Kapu attends the meetings called by Ngati Raukawa. The first meeting was about this piece. I was at that meeting. Only the old people attended it. I was very young. I don’t know whether the elders of Ngati Kapu were there – Te Puke, Te Ao, Mahauariki, Matia, Wharewhiti, Te Waru, Ahoaho, Te Puna and Otaki. These are all chiefs of Ngati Raukawa.

I knew Te Ahoaho. He was not of Ngati Kapu. He was of Ngati Kapu.

Ihaka Ngarongo – sworn

I am of Ngati Turanga. I live at Manawatu.

I know the land where the barn now stands only. I also know a fence. I know all this land. It belonged to Te Uhi. He seized and cleared it and worked on it. His children did so also.

I did hear of the gift by Ngati Raukawa. I did hear of the gift by Ngati Raukawa for a school.

I heard the boundaries of the piece given. I did not hear that the gift included this piece.

Xed by Dr Buller

I was present at the meeting to give the land. I heard the boundaries.

I did not hear that this piece was excluded. It was not included in the gift. I believed at the time, this piece was cut out but I took care to hide it in my breast. Tonihi concealed it also.

The owner of this piece excluded it from the gift.

Re-exed by Tame Ranapiri

It is for the owners of the land to explain the exclusion of this piece from the gift. I heard of the names of the chief.

Through court

They are the principals of Ngati Raukawa.

Xed by Ranapiri

I attended the meetings of Ngati Raukawa.

Xed by court

Te Waru and Te Ahoaho were chiefs of Ngati Raukawa.

By Ranapiri

I attended the meetings of Ngati Raukawa.

Xed by court

Te Waru and Te Ahoaho were chiefs of Ngati Raukawa. Te Waru was of Ngati Hurihia. I don’t know if they were Ngati Kapu.

Ngarati Te Tewe – sworn

I live at Otaki. I am of Ngati Kapu.

I know the land shown on the plan. It belonged to Te Uhi and Te Ra. Te Uhi seized this land. He worked on it so did all his children.

I did not hear of Ngati Raukawa gift to the school. I never heard that a piece was given for a school. I dnow the adjoining land all round. It was Ngati Raukawa’s now it belongs to the bishop. I heard within the last few years that this land had been given to the bishop. I mean the land outside the place. This – in the plan was not given for a school. I was a catholic. Ngati Raukawa were Anglican.

Xed by Dr Buller

I know this piece. It is outside Ngati Raukawa’s gift. I always knew it was without. I did not know the gift because it was not mine. I am certain that this piece was outside although I knew nothing of the gift. I don’t know how long since I first heard of the gift.

I knew Te Rei Paehua. He was a Ngati Kapu, Hori Ngawhare also, Natiu Te Roroao also. I never heard of their gift nor did I hear of their objecting. I can’t point out the respective boundaries of Te Uhi and Te Ra. I did not hear Te Raiti’s statement. I was not present when she was examined. Te Uhi and Te Ra owned this land jointly. They had no other land outside this piece. This is the map of their land. The only land they ever had here. The boundaries were laid down by Te Ra and Te Uhi.

Xed by court

I was a catholic. I did not hear of the gift. We were jealous of each other - the catholics and the Anglicans. The first gift was to the Anglican Church. After that was the gift to the Catholic Church. Before the gift of this land to the Anglican Church, the respective adherents were jealous of each other. They never disputed the road. We all knew this piece was not included in the land given to Bishop Hadfield.

Pineaha, Henia and Hoani have no interest in this land. Hoani’s land is that on which the public house stands. I wish this piece to return to Te Raiti and her parents.

I have seen the bishop’s fences. I saw the survey of this piece also. I saw the fences for the first time a few years ago. I don’t know how long since I saw the fern trees first. I never objected to the bishop’s fences. Let Te Raiti find out for herself.

Dr Buller received theevidence and asked the court to make an order in favor of his clients as the counter claimants had broken down and failed to establish anything for themselves as completely as they had failed to eject his clients.

The court ruled that it would hear two of the claimants witnesses.

Hoani Taipua – sworn

I live at Otaki. I am of Ngati Raukawa. I am one of the claimants.

I know this land Moutere and I know its boundaries. The land on S. E is mine under grant.

My mother told me all Ngati Pare were interested in this land also in the S. and to the south of this. When Ngati Pare lived here, they worked on Moutere also Ngati Kauwhata, Te Kahuhui and others of the last hapu worked on it.

I was only a child when this land was given to the bishop. My mother was not present but I followed the bishop’s old boundary common to both but for it, I should have gone farther west. When the south line was surveyed, the bishop’s old boundary was obscewered as the boundary of Ahitangutu. My mother claimed land outside of it.

This piece outside the southern boundary, I afterward sold to Ranapiri. This would all have been claimed by my mother and myself but for the bishop’s boundary. It is only lately that Mr Carkeek discovered that this piecwe had been excluded from the bishop’s grant. Hema and I decided to obtain a title and give it to the native teachers in trust. That was why we put Pineaha’s name was put in the claim.

I am willing to withdraw my name to have the title so as we have arranged. Peneaha belongs to our hapu. No one has ever questioned the bishop’s title to this piece until quite lately. Is it likely a small corner like this would be known about? This is Ngarati’s permanent residence. He must have seen the fences and the buildings for years.

When my claim to outside land Otaki A, Tonihi appeared as a counter claimant. We went out of court and talked the matter over and Tonihi withdrew. At that time Tonihi set up no claim to the land on the west of my boundary.

Xed by Tame Ranapiri

When I saw the bishop’s fences were on this piece, I knew the land had been given to him. The bishop’s fences had been standing for years before I made my survey.

In taking the fence for my line, I thought I was following the boundaries of the gift. Had I known then that this piece was excluded from the grant; I should have taken it into my land and survey. I don’t know why the bishop failed to include this piece in his survey for a grant. I don’t know whether the bishop made a mistake when he put his house and fence on their piece. We want to do with this as the old people did – give it to the mission.

Xed by the court

The gift to the bishop was in one piece. He took possession of this when the town was laid out. He may have been in England when the survey of his piece was made. That is the reason why this piece was excluded from the survey of the mission land. There are other pieces similar to this which were given to the mission which have not yet been granted. Piritaha was one. This piece was given to the bishop quite lately.

Hema Te Ao – on former oath

I have heard the statements of the counter claimants. They are false.

The boundaries on the S. W and S. are ditch and bank and have never been questioned. I claim through Karaitiana and Haurangi. My object in claiming now is to give the land to the bishop because it is his and was given to him by the whole tribe. There was not a single dissentient voice at the time of the gift.

Ngati Kapu were largely interested in the gift. The gift to the bishop was made by those named in the telegram produced but for the bishop’s old boundary.

Hoani would have claimed this land at the time he claimed Otaki A and I would have joined him. I am not aware of any bad feeling in Otake between the catholics and Protestants. Ngarahi’s father who was inclined to the obstructure got a cow and went away satisfied.

Xed by Tame Ranapiri

I know the piece before the court was in the gift to the bishop because of the fence. Had it not been given to him, it would have belonged to Hoani and to me. I know the bishop has occupied the place for 30 years. It was given to him and is excluded from the grant by an error which I intend to set right.

There is a piece elsewhere which has been given to the bishop quite lately. Piritaha is the name. I don’t know of another piece like this which was included in that gift.

I did not see the survey of the piece given for the school. I don’t know how this piece was omitted from the survey for Hadfield’s grant unless by an error by the surveyor.

Court adjourned until 10 am tomorrow.

Friday 23rd September 1881

Place – the same Present – the same

61 Titokitoki – 5067

By H. Taipua

Harata Takarore – sworn

I live at Otaki. I am of Ngati Maiotaki of Ngati Raukawa.

I know the land described by this plan. I have been on it the other day.

My piece is inside Rikihana’s survey. That piece is mine. I myself succeed it. I am the wife of Maika Takarore. It was my husband and I seized it. I remember the time we went there. It was after Haowhenua. We seized the N. W part of this piece. We worked on this piece. I don’t know how many seasons we worked on it.

Xed by Mr Maclean

Petuha was not on this block before us.

We seized a goodly sized piece. We had our piece surveyed by a European. My husband is dead. I saw some of our pegs or marks on the land. I can show them on the land but I can’t on the plan.

Kerewhia Tewiata – sworn

I live at Otaki. I am of Ngati Maiotaki.

I know this land. My boundary line is within these boundaries (pointed out) before this church was built.

My parents worked on this part. I also have worked there while the church was building. I worked there while any remained there to cultivate. We ceased to work there before the king movement.

Te Ahoaho had the mana over this and the adjoining land. Titokitoki is the name by which a very large piece of land was known formerly. Te Ahoaho gave all this land to his several hapu’s and each individual went and cut out his own piece – selected for himself.

No one ever disturbed us on this piece. When we were living on this piece, Rikihana was at Waikato. He had not yet come from Waikato. I don’t know the year he came. When we worked there, Wiremu Te Manewha worked on the S. W. part. I know those who then worked on this piece.

Wiremu Te Manuewha was one. The Ngati Hapuiti also worked there then. I can’t remember the names of the individuals.

We gave Ramari Korako leave to work on our piece. Ramari went to see it with us yesterday.

No one saw the survey of this piece. Rikihana tried to survey this piece once before. I obstructed him and took away his chain. I did not see this survey. No one knew of it. Carkeek made this survey.

I then asked my husband Tewiata to get Carkeek to survey our piece out of it. Carkeek advised him to wait for this court. I think about 2 acres of our land have been taken by Rikihana. These of Rikihana’s are new boundaries. They are not the old ones.

Xed by Maclean

I don’t know the old boundaries. I don’t know if Petuha took any of this land.

I worked on all that piece shown by a pencil line inside the N. E. boundary. . The larger part of my piece is inside these boundaries. My part outside these lines is free from trees. I worked all my land inside and outside these lines. My parents laid off and seized my land. That peg – (pointed to) – is right. I saw no peg at the point the apex of the triangular piece inside these boundaries. There is no sand at the N. W. corner of this land. Alzdorf made the first survey of this piece. I took his chain from him then. Rikihana guided Alzdorf there.

I heard Carkeek had made this survey. He himself told my husband so. Rawiri was present at the first survey. Petuha was not there. Rawiri Rota was there. Rawiri went to look after his own piece.

Re-exed by H. Taipua

I can’t point out the sandhill on this plan. There is a sand hill near the piece.

Anawarihi Ropata – sworn

I live at Otaki. I am of Ngati Waihurihia of Ngati Raukawa.

I know this land. I have been on it during the last two days.

Hekeira and Winara objected to the N. E boundary. A part of Rikihana’s N. E boundary is right from the middle peg on that line to the next.

The N. W of it is wrong. Hekiera, Harata and M. Tokarore have each had a portion of their land taken with this survey. I saw Harata working on that piece. All the land in this vicinity was allotted at the same time. I was a child when I saw Harata working on this piece. I don’t know how many years Harata worked on this piece.

When sheep and cattle became plentiful, they ceased to work this land. No one worked here after them.

Wiremu Te Manuewha worked all along this block. We all worked on it the same year each on his own piece. Rikihana had not returned from Waikato then. He went from here with his father. They went back to Waikato together. This is six years since Rikihana put sheep on this land. These sheep are the property of the whole tribe. I and my husband have an interest in these sheep.

Xed by Maclean

I don’t claim any of this land myself. I know the boundaries of my own piece. I don’t know the old boundaries. I know some of them.

I know Petuha’s old boundaries but I can’t show them. I don’t know Petuha’s old boundaries. All this land was cut up in the same year.

Re-exed by H. taipua

Ihakara Kereopa and others were on Petuha’s piece when it was cut up.

Ramari’s land is outside on the N. E. Ketewhia’s mother gave it to Ramari and Ramari returned it to Ketewhia. A Rata tree stands at the edge of the bush on the N. W. boundary line.

Te Wiata Te Horu – sworn

I live at Otaki. I am of Ngati Te Horu of Ngati Raukawa.

I first saw this piece in my infancy.

Wiremu worked here then (pointed out). Part of this piece is a swamp. I worked on Wiremu’s piece. I lived with him then. He had wheat growing on it. Maika and his wife worked on a part also.

A gully running through parallel to the N. E boundary was the division or old boundary of the claims. Rikihana’s is quite a new boundary. Wiremu and Maika had each a ditch within these boundaries of Rikihana’s.

I saw the first survey of this land. My wife took the chain then Rikihana’s own wife called out to him that he was wrong. Rikihana flogged his wife when they got home.

I did not see Carkeek’s survey.

Xed by Maclean

I worked for Wiremu and lived with him. We worked it for several years. I don’t know how many years. I remember one of Wiremu’s drains on this land. Wiremu did not make that drain (pointed out).

A Rata tree stands on the N. side of the land. I was on the land yesterday. I saw a Rata there (pointed out). I can peg at the pegs of the triangle within the block. I put it there about 2 months ago. It does not mark an ancient boundary. It is a new boundary. The Rata is not an old boundary.

Re-exed by Hoani Taipua

Harata pointed out to me the boundary inside the N. E line. She said it is an old boundary. I knew by my own knowledge also that was an old boundary.

Xed by court

I don’t know how many years we worked there. I have no claim to Wiremu’s interest although I lived with him.

Te Kepa Kerikeri – sworn

I live at Otaki. I am of Ngati Maiotaki. I am one of the oldest people of Ngati Raukawa.

I was one of those engaged in subdividing this land. I did not go on the land yesterday. I know Harata’s and Maika’s piece. I cannot see the plan. There are two Rata trees.

Maika had a piece alongside the ditch. I never heard that boundary line dispute.

I can point out the boundaries on the land.

Xed by Maclean

My land adjoins this at the Kahikatea.

Hoani Taipua said my remaining witness Rawiri Wanui is too ill to attend the court. I wish the court to go to his house and take his evidence.

Court assented.

Hoani Taipua said Ramari Rangikorapa is ill also. She is one of my witnesses and was on the ground yesterday.

Court said it would call Ramari.

Hariata Hamuera asked if Rikihana would admit her.

Rikihana said I shall admit Hariata and Petuha as owners.

Hekiera Wharewhiti

I am a counter claimant but I will not pursue it because the attending expense is greater than my claim is worth.

Winara Parearua said – my claim I find is without these boundaries – I withdraw.

Claimants case.

Rikihana Te Tarure – sworn

I live at Otaki. I am of Ngati Koroki of Waikato.

I claim this land through Petuha’s mana. There is one part of it is under Petuha (pointed out). The other side I claim under Wiremu Manewha. I was on the land yesterday.

The Rata tree is just outside these boundaries but it gives direction to my N. E boundary line.

The evidence relative to that triangular piece is all false.

Alzdorf surveyed this piece for me in 1874. I then pointed out the boundaries. There were others also, Rawiri WaWanui and his son also Koroheke and many of Ngati Raukawa. It was then agreed that these boundaries were my correct lines. Every point was settled.

Ketewhia objected to a peg on the N. E. line. It was not pulled up. Ketewhia was afraid. I should take more land towards the N. E. Ketewhia did not take the chain from the surveyor. She only protested. The statement that I went home and beat my wife is false. My wife did not say that I was guiding the line wrong. Erereta daughter of Wiremu Te Manewha is my wife. Wiremu had two ditches: one from either boundary to the gully. Wiremu and I both worked on the triangular part disputed.

Ketewhia’s land is outside my line. Her boundary joins Ngati Kapu land. They did not cultivate within my lines.

We all ceased to cultivate this land in 1838.

Xed by Taipua

Click on view to see genealogy line

My grandfather married Karoro and Wiremu Manewha was the issue. My mother and he were half brother and sister.

I can’t trace Petuha’s connection. I only heard he was a papa. Petuha was not of Ngati Koroki or of Ngati Tuhei. Petuha is of Ngati Takihiku. I sent in my claim for this piece in 1880. It matters not whether his name is in the application or not. Had Petuha died, I should have known his successors what claim he had here. Petuha saw this survey. I mean the first one.

He conducted all around the boundaries. Ngati Raukawa saw the first survey also.

Ketewhia objected to one of my pegs. I put up a post at the N. W. angle and no one came to pull it out. This was the same day. None one came to disturb my peg from where I removed it to. Ketewhia’s brother was there as well as several other persons. Ketewhia did not take the surveyor’s chain. Alzdorf’s survey was completed in the same day. All Ngati Raukawa and Rawiri were present when that N. E. line was cut. I don’t know that Ketewhia took the chain from the surveyor. Tiemi Roti was not present. Rawiri Wanui and I agreed to straighten our boundary this W. at formerly ran into and out of these boundary lines. The N. E. line was altered because of Ketewhia’s objection. The alteration was of very little movement.

W. Manewha was not present when the first survey was made. It was I procured the survey in his absence. He was at Manawatu at the time of this survey.

First survey was by Alzdorf. It was wrong.

Carkeek made the second survey.

I first worked on this piece in 1833. Petuha and Wiremu owned it then. Kingi Te Ahoaho and Rangiwhaea owned all the land between this and Titokitoki.

Xed by court

My claim to this land is through Ngati Raukawa. My father was of Ngati Raukawa and Ngati Awa. This land was cut up before I was born. I was born here.

Harata is older than I am. Perhaps she was there before me. I can’t say. I worked on this piece from 1853. After 1840 I went to Waikato. I returned here in 1853. It was because the first survey was wrong (not approved) that a second was necessary and not on account of the dispute.

Harata’s claim is quite outside my lines. She has none on this piece. Ketewhia caught hold of the chain but she eventually consented to let the survey go on.

Harata Takarore – recalled and sworn

I told the court I was a Ngati Maiotaki. I cannot give my connection. My word this morning is nevertheless true. I came here from Tauranga. I am of Ngati Raukawa. I can’t trace my connection. My husband is of Ngati Kahungunu – grandchild of Niho Te Te. My husband was taken prisoner.

I think we have a claim on this land nevertheless. We caught it. Ngati Raukawa caught it. I also belong to the tribes of Tauranga and Rotorua.

Xed by Hoani Taipua

Kingi Te Ahoaho gave this land to us to cultivate. We were living with Ngati Maiotaki and Kingi.

Kingi Te Ahoaho took Maika prisoner.

Wiremu Te Manewha – sworn

I live at Oroua. I am of Ngati Hana, Ngati Koroki and Ngati Raukawa.

I know this land. I went yesterday to see it.

Te Ahoaho and his wife Rangiwhaea were the first to seize this piece.

Rikihana is the owner of it now. He holds it from me. It was mine. I went to Oroua and left it to Rikihana. It became mine by my working on it.

I saw the cutting up of this land. I took possession of this piece then. While I lived here, Petuha had the south east part of it. Harata has no claim on the land within these lines. Her claim is outside on the N. E. We occupied these respective places at the same time.

When I went to Manawatu, I left Rikihana to take charge of the place. His wife is my daughter.

Xed by Hoani Taipua

My old boundary of the S. W. took in more land than this. My N. E boundary is now the same as it was of old. I made all those old ditches.

Harata and Maika are Kingi Te Ahoaho’s children. I have seen other people working on Harata’s piece. Ramari was one.

Re-exed by Maclean

Harata is not of Ngati Raukawa – no she does not, she belongs to Ngati Iterangi. She was taken prisoner by her own relatives. Tewiata’s father is a younger relative of mine that is why he stayed with me.

Xed by court

Pene Te Hapupu – sworn

I am of Waikato and Ngati Raukawa. I live at Otaki.

I know the land before the court. It belongs to Te Rikihana. He worked on it. It belonged to his father.

Kingi Te Ahoaho was the first who caught this land together with all the adjoining land. Wiremu Manewha took this piece then. The S. E part of this piece belongs to another person. That N. E boundary is quite right.

Harata has no interest in this land.

Xed by Hoani Taipua

I know this land very well. Wiremu had his house outside these lines but he arranged this S. W boundary with Rawiri. Wiremu took this land from the hand of Te Ahoaho. Wiremu worked on this land before Otaki (fight). He ceased to live here when “Tainui” was erected.

I ------ 1857 and I have been here continuously ever since. I have no cultivation on this piece. I have worked there under Wiremu’s mana. Harata and Maika were serfs of Te Ahoaho. They have land elsewhere under Kingi. Rawiri ----- them on some pieces.

Court said it would hear Rawiri Wanui at his residence respecting this and also Te Awamate.

Dr Buller asked for adjournment of the following cases to Foxton for convenience of clients –

53 Manawatu Kukutauaki No. 2A, 4 Manawatu Kukutauaki No. 2B

5 Manawatu Kukutauaki No. 2C 6 Manawatu Kukutauaki No 2D

7 Manawatu Kukutauaki No. 2E

Mr Booth as crown agent offered no objection – Granted.

58 Ngakaroro No. 7A – See page 212

On application to Dr Buller - to stand at bottom of list and provided there is no other application, it will stand adjourned to Foxton. Hoani Taipua consented.

Te Waka

Adjourned to 2 pm on Monday next - at application of Dr Buller.

Court adjourned until 10.30 am tomorrow.

Friday 16th September 1881

Place – the same Present – E. W. Puckey Esquire Judge Hoani Meihana – Assessor

List of names handed in by Perenara Te Tewe and Tiemi Ranapiri read.

No objectors.

Ordered that the names of

Eru Tahitangata, Perenara Te Tewe, Karanama Te Whakaheke, Enoka Te Wano, Mohi Heremia, Haikenia Rakaupehi, Ruihi Piripi, Piripi Te Ra, Hiwi Piahana, Wehipeihana Taharape, Hakaria Rangikura, Tereturu Hamahona, Hopia Enoka, Te Raiti Te Hiwi, Riria Ranapiri, Rititia Ranapiri, Meri Piripi, Rangituia Perenara, Oriwia Te Kohu, Pare Tahitangata, Kapu Petera, Ngarati Te Tewe, Makere Ranapiri, Meropa Tima, Hotene Ngawi, Ngahora Te Waaka, Haana Wi Tana, Aterea Tauehe, Ropata Ranapiri, Tamati Ranapiri, Tiemi Ranapiri and Tamati Tinia

Be entered in the register as the owners and that a certificate of their title be issued in pursuance of the acts.

Fees charged

Hearing - £1.0.0 Certificate - £1.0.0 Swearing Wits. - £0.6.0 Total - £2.6.0

47 Pukekaraka No. 5 401

Claim read – plan produced.

Tame Ranapiri said – I appear on behalf of Te Raiti Tonihi.

This is the same land as is claimed by the 47th on the list

Dismissed

47 Pukekaraka No. 5 401

Claim read – plan produced

Tame Ranapiri said – I appear for Te Raiti Tonihi.

Mr McLean said – I appear for Mrs Whitehouse.

Tiemi Ranapiri said – I appear to object.

Te Raiti Tonihi – sworn

I live at Otaki. I belong to Ngati Kapu.

I know the land now before the court. I have a claim to it through my ancestor Te Uhi. He was my grandfather. He seized the land when Ngati Raukawa cut it up. He lived on it and my father and I still live there. I put a fence on it.

Perenara has no claim to this piece. I did not send in this claim. I wish to be dismissed.

Perenara Te Tewe

Tiemi Ranapiri sent in that claim. I wish to withdraw the claim.

Mr McLean said – we have waited from day to day since this claim has been before the court and no intimation whatever has been given by the claimants of their intention of withdrawing the claim. I beg the court to if possible proceed with the hearing.

Perenara said - I wish the claim to proceed. I wish to send in a new application.

Mr McLean said – I must ask for costs.

Perenara Te Tewe said – then I will go on with the claim – sworn

I live at Otaki. I am of Ngati Kapu of Ngati Raukawa.

I know the land described on the plan before the court. I have a claim to it through my uncle Mateina Te Hokopaura. I don’t know the nature of his claim. He lived, worked and died there – had houses and fences on it. No one disturbed his occupation. There were others there as well as him.

Objectors

Tiemi Ranapiri said – I object to the N. S. line. Objection of Tiemi Ranapiri subsequently withdrawn.

Perenara said that piece belongs to Riria.

Mr McLean – I object for Mrs Whitehouse.

Tame Ranapiri said I appear for Te Raiti, Anikanara, Hakana – objectors.

Mr McLean said Tame Ranapiri’s objection was expressed first – court coincided

Tame Ranapiri called

Te Raiti Tonihi – sworn

I live at Otaki. I belong to Ngati Kapu.

I know this land. I have a claim to it from my grandfather Te Uhi. He was the original owner. My father owned it. They both worked on it. It was taken by my grandfather when Ngati Raukawa divided the land. My grandfather died at Te Kuititanga. My father lived on this land permanently afterwards. My father died at Ohau where he went under his wife’s mana. My father died in 1872.

I know Matana Te Hokopauru. He has no claim to this piece. He belongs to Ngati Kura. There are people here who can swear to our right on this piece.

Xed by McLean

Anikanara and Tonihi are sisters. Tonihi is my father. In the time of my grandfather, our people all lived together. Te Morere lived on this land then. He was Ngati Turanga perhaps that hapu is of Ngati Raukawa. Kaea was his child. She did not live on this land. I never saw Kaea with Te Morere. I saw her at the Hutt after the death of her husband. I never saw her before her marriage. My father and I went to see her at Wellingtion. I never saw her before that time. I heard she married Ropata Tineti (Robert Gillett).

I don’t know where Morere was buried. I was at school in Wellington. I never saw his grave. I have heard of his grave. I never heard where it is.

My father died at Ohau. I don’t know how long before his death my father lived there. It was a visiting place. This was his home.

Xed by Perenara Te Tewe

I never saw Matana Hokopaura on this land. I don’t know hi house there. I never saw him work there. I never saw you living on this land or working on it.

Re-exed by Tame Ranapiri

Te Morere lived on this land without a claim to it. His land was at Huritini. Te Kuru left him there to look after it. When Morere came from Huritini, he came here by Tonihi’s invitation. This was the first time I saw him on this land. Morere died after I went to Wellington in 1853. I did not see him long. I went to school there.

Xed by court

There are buried our dead. A church is on it – R. C. Church.

My father alone gave permission for the burying of dead there also for the erection of the church.

Ngati Kapu had nothing to do with the church or the burying dead on this land.

Mrs Whitehouse or here mother never lived on this piece. I don’t know whether her mother married very young.

Te Morere was of Ngati Raukawa and Ngati Turanga hapu. They were not a slave but a highly a respectable hapu. Morere was a kai mahi of Te Kuru.

It was only yesterday, I heard that they were relatives. Te Morere had only one child a daughter. I saw her on the road to Wellington. Our business was about Peremoro when my father and I met Te Morere’s child. My father did not say what relation I was to Kaea then. I never saw her children but I did hear that they were born. Arihia Hiraka told me of their birth.

I see Mrs Whitehouse and her brother. I don’t know them. Somebody told him they were Kaea’s children. One of Perenara’s kainga’s is at Ohau. Another one is alongside the land now before the court.

Perenara’s children are buried on this land. It was I gave permission for their burial within the fence where my mother is buried.

I wish the burial ground to be kept for the dead. The other part I want in my name that is I want two orders. The dead were buried there before I went to Wellington in 1853.

Xed by T. Ranapiri

Ani Kanara – sworn

I live at Otaki. I am of Ngati Kapu.

I know the land before the court. I have a claim on it from my father Te Uhi. I live on it. I work on it.

I know Matene Hokopana. He has no claim on this land. He lived on it. He only lived on it for a month and then died.

I knew Te Morere. He had no claim to this land. When this land was cut up, Te Morere was at Huritini. It is quite recently that he came to live here by Tonihi’s invitation. He died outside the boundarie’s (spot pointed out). Morere was a widower when he came here. His daughter, at that time had married a European and gone away to live with him.

Xed McLean

I did not tell you that Te Morere had a claim on this land nor anyone else in your presence.

I don’t know where Te Morere was buried. Tonihi buried him. I don’t know what year he died. Te Morere had a house outside the boundaries. It is now broken down. I can’t say whether Perenara broke it down. There is no fence round Morere’s grave. Morere was of Ngati Turanga and Ngati Te Au. I never saw Kaea on this land. I saw her at Huritini - never here. Morere came from Maungatautari. I came from Maungatautari. I was born there.

Xed by Perenara Te Tewe

I never saw Matene Te Hokopaura on this land. He lived here a month and then he died. I did not see him there when the mill was put up in 1852.

I saw you there. You were then under my “tuakana’s” mana. I never saw your cultivations on this piece.

Re-exed by T. Ranapiri

Mitarina would be a sister to Perenara. Mitarina married Tonihi. That is why Perenara came here to live.

Xed by court

There is a church and a graveyard on this land. Hokopaura lived here a month after he came from Ohau - his wife also. They had a whare here not a hut. It wa a whare raupo. It was not finished when he died.

I have seen Morere - the first time at Maungatautari. We lived at Otaki. Morere came in first migration. I came in the second. Morere was living at Huritini when I arrived with his master Te Kuru. I only heard Morere was at Huritini. I did not see him there. I next saw Morere when Christianity came here. I saw him there at Pukekaraka. His daughter had then gone to the pakeha. His wife was dead. He was alone. Morere died at Pukekaraka. I did not see his death or his burial. I only heard that he was dead. I went on purpose to see him but he was buried before I arrived. I heard that he was buried on the block. I don’t know how many years he lived on this land. I saw him working outside this land.

To the best of my knowledge, this land belonged to my father.

I know Mrs Whitehouse and her brothers. They are grandchildren of Te Morere. In my opinion they have no claim on this piece.

Eru Tahitangata – sworn

I live at Otaki. I am of Ngati Kapu.

I know this piece of land. It belongs to Te Uhi. He took it from Ngati Toa. Tonihi and Anikauara are the children of Te Uhi. Taraiti will be “tamahine” to them. Taraiti was Tonihi’s daughter. Tonihi Ani Kanara and her brother all lived on this land.

I did not know nor see Matena Hokopaura.

I knew Te Morere. His land was outside these boundaries. He had no claim inside. Before the battle of Haowhenua, I saw Morere there. Te Raiti’s father died at Te Kuititanga. Morere died about the time of the laying out of Otaki Township.

Hori Ngawhare and Tonihi laid down the N. E boundary. I remember their dispute. Tonihi and Keremihana quarreled about that line. Keremihana was related to Tonihi. As the boundary was then settled – one side of the line was to go to the mission, the other side to the tribe.

Xed by McLean

I have a good knowledge of all I have spoken of to the court. I saw all the things and persons I have stated. I was not a prisoner to Ngati Kahungunu. It was after Haowhenua and my return from Waikato that I went to Ngati Kahungunu – my relatives here. Morere and I are relatives. I don’t know Te Awanui. I saw Te Morere there. I know Huritini. It is at Waikawa Lake.

Xed by Perenara Te Tewe

I saw a pa on this land. I was living at Waikawa and Otaki when I saw these people living here.

I never saw Matena Hokopaura there then.

Tonihi gave permission to build the church on this piece. I never saw your cultivations on this piece. I saw your cultivations on the other side of the hill within the boundaries of this block. In case of a dispute between Tonihi and Hori, you would have sided with Tonihi.

I heard that all the tribe assembled before this land was set apart for a church and burial ground.

Te Raiti objected because this piece was her own. I believe the church and the fences have been built now for 26 years more or less. I did not hear Te Raiti’s objection personally. I heard of it.

Re-exed by Tame Ranapiri

The name Huritini is applied to the land as well as the lake. Perenara went to cultivate on this land under Tonihi’s mana. The house of Morere was not tapued because of his death there.

By court

This land belonged to my father Te Uhi. It belongs to us under his mana.

I never saw Te Hokopaura.

Morere was an agriculturial. He was not a warrior. I don’t know what tribe he belonged. Had he been of Ngati Raukawa, I should have known him in Ranginui loss of Ngati Turanga. I saw Morere when he arrived here. I was a child when we left Maungatautari.

I know Mrs Whitehouse and her brothers. They would be “tamahine” to me. Tonihi made no objection when Pukekaraka was made into a pa by Ngati Raukawa. His objections are only now known.

I don’t think Te Raiti Tonihi is right to object now to those of Ngati Raukawa who have claims on it. I am quite certain that Perenara has no interest in this block. I never heard that Tonihi had given Perenara a piece of this land for cultivation.

Makarita Te Tihi – sworn

I am of Ngati Tukorehe. I live at Otaki. Now I live at Oroua.

I know the land before the court. It belonged to Te Uhi – Tonihi’s father. He seized it. I was present when this piece was cut up.

I knew Matana. He had no claim on this land.

I did not know Te Morere. I have never heard of him.

Mr McLean

Where Tainui now stands was the old boundary between Tonihi and Hori.

The Mangapouri creek was Uhi’s boundary.

I saw the cutting up of this land. I went to Awahuri after the king movement – 1856.

While I was here, I did not see or hear of Morere.

Tonihi had no brothers, one sister Ani kauara. Uhi had only those two children.

Xed by Perenara Te Tewe

I have seen you living on this land. I am not aware that you worked on it.

Re-exed by T. Ranapiri

Perenara went there under Mitatina’s mana.

By court

Ngarati Te Tewe – sworn

I am of Ngati Kapu. I live at Pukekaraka.

I know the land now before the court. It is Uhi’s. I saw Uhi living there. Tonihi and Anikauara are his children.

I know Matana Hokopaura. He has a claim on this land so have I so has Perenara. We claim from te Uhi. Tonihi gave it to us to cultivate on. We are living on the land not as owners.

I know Te Morere. He has no claim to this land. His land is on the other side of the road.

Xed by McLean

I know Pairoroku. He was a great man. He was related to Te Uhi. A wharepuni stood where the church now stands.

I was too young to see much of Morere. I heard that this land was seized by Uhi. I did not see it. I don’t know the burying place of Te Morere. I have suddenly aged.

Xed Perenara Te Tewe

I don’t know how many years Matana lived on this land. We have lived there for a just many years. No one disputed Maena on this piece. Matena is dead. You took possession of his residence after his death.

Re-exed by T. Ranapiri

Matana had his share just where the church now stands. Our cultivations were just above and on the other side of the hill. We were living there under Tonihi’s mana.

Xed by court

Hokopaura had a piece in this block. I can’t say whether they were to be ours permanently.

I am brother in law of Tonihi also elder and younger brother. I was not married when we lived on this land. Matana’s wife was our housekeeper. Metarina was Tonihi’s wife.

In my opinion te Raiti Tonihi has the best claim to this land. Te Morere’s land was outside these boundaries, so was his house. I don’t know where he was buried. I was a child then. Te Morere died about 1839 I think.

Close of Te Raiti’s case

Mr McLean Lease

Charlotte Whitehouse – sworn

I am wife of John Whitehouse. I live at Porirua. My mother’s name was Kaea. Her husband’s name was Robert Gillett. Te Morere was my mother’s father.

I claim an interest in this land through Morere. I am unable myself to serve my claim. I will call another to support it for me. Ani Hanara to you denied Morere’s right to this land. I was with you, Morere, Piripi, Rawiri when Anikanara made you that statement.

She gave her own whakapapa. I saw you writing down Anikanara’s statement. That is it, in your hand (read) these are other members – 4 in number, who claim with me viz – Hone, Susan William, Robert and myself. Susan is wife of William Whitehouse.

Xed by Tame Ranapiri

I know the land before the court. I claim the land of my ancestor. I cannot point it out but I will produce witnesses to do that for me. I claim through my grandfather living there. I ask the court to put our names in the title. Anikanara told me that we had an interest in this block.

Perenara – I have no questions

Re-exed by Mr McLean

I have no intention of disturbing the church.

Perenara Te Tewe – sworn

I have said I know this land.

I knew Kaea – the mother of Mrs Whitehouse. I knew Morere. He was the first of her ancestors who came here. She was at Haowhenua and Te Kuititanga and engaged. He was not one of the chiefs of those two battles though he was engaged in them. Morere’s whare was at the pa – place pointed out. I saw him there. His cultivations were on this land (pointed out). I saw them. I think he died about 1854 or 5.

When war was over, all the fighting men turned to cultivation. Kaea lived with Morere in his house. Morere lived there after Kaea went away. He died there. It was I who buried him at Ngoungou not on this land but outside. Tonihi and Te Raiti lived together with us all in the pa.

Xed by Tame Ranapiri

Morere had a cultivation alongside the creek as well as the other one I spoke of in the block. Kaea had left with her husband before I came to live on this land. Morere told me that his daughter had only just left. I don’t know how many years he lived after his daughter’s marriage and removed.

Ngarati is my elder brother (the last witness but one). I have more brains than my brother Ngarati. We and the descendants of Te Morere have the same right to this land. Te Raiti is also interested.

I omitted Morere’s name from the application because I never thought they would appear. It was the missionary (R. C) that advised me to send in the claim. My elder brother’s statement related to our cultivations on this land is right. Te Morere lived and cultivated on this land permanently. Te Morere Te Waha and others cut this piece up. I have now heard that Matena was present when this land was cut up. Te Morere went to Huritini quite recently after the cutting up of this place. Morere has no land at Huritini.

Re-exed by McLean

I am willing that Mrs Whitehouse and her brothers should be admitted as owners. I heard Mrs Whitehouse say that she wished the land to go to the R. C. mission.

Xed by the court

I did not hear that Morere was a serf of Te Kuru. When he went to Huritini it was only to get eels. I never saw Mrs Whitehouse on this land.

Rekereke

Ordered that the names of

Maaka Pukehi, Hera Tuhangahanga, Unaiki Wi Parata and Hipirine Te Kotua

Be entered in the register as owners according to native custom. No restrictions.

Fees charged

Hearing £1.0.0 Certificate £1.0.0 Total £2.0.0

Court adjourned until 10 am tomorrow.

20th January 1880

Palmerston

Court opened at 10 am.

Present – Judge Heaphy

Aorangi No. 1 – Subdivision

No appearance of claimants.

Letters from Tapita and Anapeka and Dr Buller read stating that their attendance was impossible. They were in Napier and asked that their claim be adjourned.

The case having progressed an important stage in respect to settlement of Enereta Rangiotu claim it is not advisable to dismiss it on account of no attendance. It is therefore adjourned sine die.

Court then adjourned to Foxton.

Saturday 5th January 1901

Court opened and adjourned till the 7th inst.

Monday 7th January 1901

Otaki

Native Appellate court opened and adjourned to Wellington to the 15th inst.

Native land court opened at 10 am.

Present – the same

Judgements delivered

Keepa Kerikeri vide folio 287

Manuao vide folio 299

Titokitoki part of vide folio 294

Hakuai vide folio 326/332 MBHO

Wednesday 14th January

Court opened at 10 am.

Present – the same

Tuahiwi – continued

Hema Te Ao – sworn

Stated he had no further witnesses to call as all the witnesses had agreed that Hakaraia Hanara and Rangiheua were in the block.

By court

Hakaraia Te Puingara surveyed the 9 acres. Hakaraia Te Reinga is a younger brother of Wi Parahama’s. Ema supported Hakaraia Te Reinga. I ask for his descendants and Hanara’s should be put in.

Hapi Te Rangitewhata – sworn

If this is cut out of Ngakaroro No. 3 I have nothing to say.

Hakaraia and I made the survey of the 9 acres. Ngatiranga also surveyed the same land. I objected.

(The meaning of this is the survey of 54 acres is excessive – why is this all cut out?) Ngakaroro No. 3. The southern boundary should beat C.D (pencilled).

Tamihana Te Hoia

It is right that the bush land should be in the plan but not the swamp.

Pare’s claim was over the bush not the swamp. Perhaps the line C.D represents the place.

Tiaki Hawea – sworn

In my opinion, the pencil line E.F shows the boundary of the swamp and bush.

Hirawanu Manahi – sworn

We laid off these 54 acres, 3 chains on the west and 2 ½ chains on the east are swamp (see G.H). We cut this off No. 3.

We are Ngati Huia’s and have a title to No. 3. I am clear as to width of swamp. The survey of 54 acres was made in 1874. I dragged the chain. Ngati Huia and Ngati Pare agreed on the ground to these lines. Pare was represented by Kipa Karepa and Te Metera represented Ngati Huia and agreed to the lines for the 54 acres. I am sure the south line runs all through the swamp.

Karepa Te Kapukai – sworn

I was not at the survey of the 54 acres and was not in the survey of the nine acres. I was not with Hirawanu on the survey of this land. We did not go to lay off these lines.

Court adjourned to go on the ground and information re claims who received as on sketch N.

Click view to see plan.

Monday 26th January 1880

Court opened at 10 am.

Present – the same

Case resumed

Hapi Rangitewhata stated his side were not prepared with evidence about subdivision of centre of block. The principal dividing lines not having been surveyed on ground although shown on the plan.

Judgement was asked to be given in the 3 small portions called Kahukura, Wawa and Waimakairi as plan submitted R showed these sufficiently for an interim judgement to be given.

Judgement

That upon an approved plan being submitted to the Native Land Court of the piece of land in the Manawatu Kukutauaki No. 7D block called Kahukura as the same appears in the sketch hereunder. A memorial will issue in favour of

Tamihana Te Hoia, Henare Korouaputa, Hirama Te Hoia, Areta Popo, Popo Te Hoia, Te Oti Kerei Te Hoia

No restrictions.

Fees - £2.0.0

Click on view to see plan

Judgement

That upon an approved plan being submitted to the Native Land Court of a piece of land in the Manawatu Kukutauaki No. 7D called Wawa containing 275 acres more or less as the same appears in the plan marked R submitted by Hapi Rangitewhata as shown in the sketch hereunder a memorial will issue in favour of

Kiriona Whamaro, Hutana Rangi-o-Rehua

Fees - £2.0.0

Judgement

That upon an approved plan being submitted to the Native Land Court of the piece of land in Manawatu Kukutauaki No. 7D called Te Waimakairi containing 516 acres, 1 road and 20 perches as drawn on the plan marked R and submitted by Hapi Rangitewhata as is shown on the sketch hereunder a memorial will issue in favour of

Hakaraia Te Wera, Te Wireti Te Ruinui and Hutan Tangi-o-Rehua

Fees - £2.0.0