108-108

Wednesday May 7th 1873

Place – the same Present – Hare Wirikake – Assessor W. Bridson – Clerk

Court adjourned until 10 am tomorrow.

108-108

Thursday May 8th 1873

Place – the same Present – W. Bridson – Clerk E. T. Woon – Interpreter

Court adjourned until 10 am tomorrow.

108-108

Friday May 2nd 1873

Waikanae

Place – the same Present – John Rogan Esquire, J. H Smith – Judges Hare Wirikake – Assessor

In consequence of the illness of Hemi Tautari the assessor

Court adjourned until 10 am on Tuesday.

118-123

Saturday May 10th 1873

Waikanae

Place – the same Present – the same

Pukehou

Kooro Te One said he would call the following persons as witnesses for the counter claimants

Kooro Te One, Rikihana, Rinao, Henere Herekau, Wiremu, Hema, Hoani.

James Ransfield said he would call the following in support of the claim

Eru Tahitangata, Akupeta Te Tewe, Karanama Whakaheke, Enoka Te Waro, Pene Haru, Te Reweti Te Kohu

Counter claimants case continued.

Renao Wharepakaru – recalled

I will continue my statement from Manuao.

Manuao is outside the line. Poteramoke is a piece of land given by Te Puke to Ihuwaka. Poteramoko is outside the boundary. Te Puke belongs to Ngati Pare continuing on to Tararua, Waitohu.

There were lands given by Te Puki to Ihuwaka. Ihuwaka was Ngati Raukawa and a relative of Puke’s. The whole of the clearing was not given, A portion was reserved – Te Wakapua. Totara was another place. This is within the map. It was land given by Te Puke to Paiahi also by Te Oha, given to Maka. Maka is a Ngati Kapua. His descendants are children of mine at Otaki.

Paruauku – that was gift land to Te Ihuwaka by Te Puke. Another, Paruauku was given by Kerei Te Puke to Ihaka – following down the course of the stream of Totara – Ihaka is N.Motai. N.Motai is a section of Ngati Kauwhata. Otipua is gift land to Wiremu Te Manewha. It was purchased lately. The land was Kingi Hou’s. Kingi Hou and Te Puke are one person. It was paid for in money. It is within the boundaries of the block under investigation. Wiremu did not purchase other land bearing another name. He only purchased Otipua. Otipua is a swamp. The dry land adjacent bears the same name. Wiremu cultivated there, this was in 1858.

The whole of the land at Pareauku was included in this sale. A small portion of Pareauku remained from that sale for Wiremu Piti and others. Te Hau is one. These people belonged to Ngatipare.

I know the boundaries of this purchase but cannot show them on the map. It did not extent to Pukehou. The boundary went from Otipua to Pukehou. Totara trees were demanded by Tonihi of me and Oha. His demand was agreed to. Tonihi belongs to Ngati Kapu. Our hapu is Ngati Kauwhata. The trees were sawn up for the catholic church. The trees were not paid for. The boundary went then behind on the western side of Pukehou, at the ---- of it. -------- that portion of land called Pukehou. Then this boundary went to the east. (down to bottom of page) (just gets messy)------.

I am aware of the period of the Treaty of Waitangi. These are the people who called this block Pukehou. I have ended but there are no papers in existence showing this sale. There is a paper relating to the sale of the cows. This paper is in the hands of Te Kooro.

Xed by Ransfield

Are you aware that this is the potion indicated by you on the map, Totara? I believe it is. No that is not the position of it.

Where is Totara? I cannot point it out.

Are the streams alluded to by you as used by Te Oha and others to the north or to the east of the Pukehou ridge? Some of them are on the north and some on the south. I could point out those streams at this present day.

Where is this cultivation at Paruauku? It is Hoani Pakai’s, he belongs to Ngati Te Horu.

Have Ngati Pare and Ngati Kauwhata cultivations at Paruauku? Yes, they have Otepua side of it.

Why did you not show the assessor and the interpreter of the court when they went there? I did show them.

Did you not point out Ngati Kauwhata cultivations as being outside the boundary? I did.

Whose is this land, Waimangu? It is Ngati Kapu’s.

Whose is the land at Waitawa extending to Pikeuahuie? It is Ngati Kapu’s.

Whose is the land from Pouhatia to the lease of Pukehou? It is Hoani Pokai’s.

Where is this cultivation at Taekai? It is Eru Tahitangata’s.

Have not Ngati Kapu places where they ----- ------ at Pukehou? They have.

Have Ngati Pare and Ngati Kauwhata cultivations over all these places? No.

Who had the right to put up the station at Pukehou? The government did it.

Who consented that it should be built there? The government consented there and other places.

Did Ngati Kauwhata and Ngati Pare interfere with Ngati Kapu surveying lands at Pukehou? I have already answered that question.

Have not Ngati Kapu claims outside Hema’s claim? They have extending to the mill.

Court adjourned for an hour.

At 1.30 pm the court resumed.

Renao Wharepakaru – recalled

Xed by Hoani Taipua

Rikihana Te Tarure – I live at Otaki. I belong to Ngatikoroki living at Maungatautari. Ngatiraukawa is another tribe.

I know the Pukehou block. I knew it in my childhood. I heard from my father the land that was set apart for him, Paruauku. We lived there (pointed out in the plan). I heard from my father that this land was given to his father by Puke or Kingi Hou. That man belongs to Ngati Pare and Ngati Kauhata. I lived a long time.

Nohokainga, a slave died there and was buried there. I heard that Otipera was Pukehou boundary. I heard from Te Puke-------- when he went to Paruaukau. I ceased living there and went to the base of Pukehou to clear.

This was in 1850. I didn’t see anybody cultivating there when I went to make this clearing. Coming down to the village one day, the bones of a dead Muaupoko fell from a tree on the road. I conveyed this and buried them in the burial ground of Ngati Kauwhata at Waitohu.

Bishop Hadfield ordered Wiremu to make him some shingles for which he paid £10. Part of the money was given to Te Puke. Wirimu asked Puke to give him the land on which the totara’s stood from which there shingles were split. Puke consented. That land is within the boundaries of the block under investigation.

At that time, I did not see any other person cultivating there. In 1858, I heard that a portion of that land had been sold by Te Oha to Hoani Pokai for 2 cows, one cow was in calf. The same year, the land was cleared. I didn’t clear that. That sale extended to Pukehou, it ended at the base. I heard that my piece was disputed by Wi Piti. I then went to make a clearing in my portion. I cleared my land because it was given to me. Hoani Pokai cleared his because it was his purchase. Wi Piti, because it was his own as a Ngati Pare. I

I did not hear at that time that anybody else had a claim to Pukehou.

In 1860, I sowed that land in grass. In 1870, applied to let it for a run for cattle. Martin was the name of the man who applied. He occupied it for two years. There is a lease in existence. No person either of Ngati Pare or Ngati Kapu interfered with the cattle. I alone received the money - £5 per annum, lease produced.

Court adjourned until 10 am on Monday.

124-133

Monday May 12th 1873

Waikanae

Place – the same Present – the same

Manawatu Kukutauaki No.4 B

Akapita Te Tewe handed in a list of names of persons whose names had been agreed upon to be put in the certificate. Names read.

Rawiri Te Rangitikehua, Pohe Te Rangitikehua, Kipa Toka, Hakaraia Te Whena, Maikara Te Whena, Manahi Pohotiraha, Horopapera Te Kaukau, Winia Pohotiraha, Ihakara Te Kaukau and Moko Hikitanga.

Akapita said – we want two certificates, one to be restricted, the other to be unrestricted and the same names in both orders. Boundaries of block pointed out. The restricted portion is that nearest the sea, the unrestricted inland.

Manawatu Kukutauaki No. 4 B

Ordered that a certificate of the title of

Rawiri Te Rangitikehua, Pohe Te Rangitikehua, Kipa Toka, Hakaraia Te Whena, Maikara Te Whena, Manahi Pohotiraha, Horopapera Te Kaukau, Winia Pohotiraha, Ihakara Te Kaukau, Moko Hikitanga

Be made and issued to the governor when the said parties shall furnish a proper survey thereof – to be inalienable and the estate to best from today.

Fees charged

Hearing £1 Certificate £1 Crown Grant £1 Total £3.0.0

Manawatu Kukutauaki No. 4 G

Ordered that a certificate of the title of

Rawiri Te Rangitikehua, Pohe Te Rangitikehua, Kipa Toka, Hakaraia Te Whena, Maikara Te Whena, Manahi Pohotiraha, Horopapera Te Kaukau, Winia Pohotiraha, Ihakara Te Kaukau, Moko Hikitanga

Be made and issued to the governor when the said parties shall furnish a proper survey thereof – to be inalienable and the estate to best from today.

Fees charged

Hearing £1 Certificate £1 Crown Grant £1 Total £3.0.0

Pukehou

Rikihana Te Tarure – recalled

We the descendants of Te Puke did not go to interfere with that lease up to the expiration of the lease neither Ngati Pare or Ngati Kapu interfered with the occupation.

In 1860, I built a bridge on which to cross horses. No person of Ngati Kapu interfered with me. In the same year, I built a house there by the bridge. Nobody came to destroy my house or knock it down. I had peaceable possession. That house is not standing now. The site can be found. There are some boards there. It is the seaward side of the stream.

I never heard the name of Ngati Kapu as having any claim to that land. Kingi Hou or Te Puke was the only name I heard of.

Ngati Kapu had a claim between Paruauku and Pukehou.

In 1858 when I made the clearing, the boundary of Hone Te Pokai was agreed upon this was the land given in exchange for the cows. The --- boundary for myself and father Wiremu. Te Oha pointed out these boundaries – they have not been surveyed. The boundary was laid off between Hoani Pokai and myself and no Ngati Kapu interfered with it neither with Wi Piti did Ngati Kapu interfere. Wi Piti is a Ngati Pare. I had peaceful occupation of my portion. No Ngati Kapu interfered with me. Now Ngatikapu.

I planted food there – potatoes, corn wheat and my peaches are now growing there. Its now sown and covered with grass. My potato cultivation there ended in 1871 because it was such a distance from town. I know the site of the Ivy station Pukehou. I know of Kingi Hori or Te Puke has the principal right to the land. No other hapu had any claim to that mountain. I still have the ---- of gathering fruit from the trees at Paruauku. A willow grows on the boundary between Hoani Pokai and Wi Piti thence to a peach grove thence to a row of quince trees thence to a ---- thence to a Rata and --- the Paruauku swamp following the centre of the Paruauku swamp then to the stream by the Totara thence it turns to the North following the road to Waitawa to a --- thence to the east to a dry tree following the side of Otipua to a tuhituhi tree turns then to the south in a straight line to the willow tree - the points of commencement. Ransfield statement relative to that land – ancestors – my father never told me that was the land of Ransfield’s ancestors. I have not seen – nor my father – Ransfield’s mother, Tahawaiki working there. I have not seen Ransfield’s father working there. We have been luring together. Ngati Kapu and us lived there in 1858 – the time that they lived there they did not use Pukehou. I was there first before that time. We cultivated food on the land sold by Te Oha to Hoani Pokai. Te Oha is a Ngati Kauwhata and a Ngati Pare. The same time I went tup Pukehou to catch birds. I did not see Ngati Kapu working there. I went of my own will and rights from Paruauku. The time I went there, I saw places where we snared birds and the places where Kereru drink. These waters were used by the former occupants.

I heard that these people were Ngati Kauwhata’s, Ngati Pare and Akatohea’s. The persons alluded to by Renao. The boundaries I have described from the willow tree were agreed to by a runanga as between me and Wi Piti. Te Oha lay off the boundary - Hoani Pokai’s boundary. I substantiate Renao’s statement relative to Te Mameao. It is quite correct. This is outside the boundary. This place Te Ahiarangikawhi I never heard of until the time the application was sent for hiding. I have bird snaring trees there. They belong to Wiremu Ihaka and Heta and Pita. Those people went there through Te Puke’s Right. Those trees could be found at the present time. I could point them out. Ngatikapu did not use that mountain. Te Puke’s boundary is Waitohu. That boundary extended to the mountain. Otipua is the northern boundary. I was with the assessor and interpreter of the court when they went to see this land. I pointed out my line.

I heard Ransfield say then that Ngati Kapu owns all the land. I told the ---- of the court that my land was that on which the house stands.

I heard Ransfield say then that Ngati Kapu owns all the land. I told the ---- of the court that my land was that on which the house stands. They saw it. I pointed Wi Piti’s portion. I myself pointed out the land. That land given in payment for the ---- alluded to in Renao’s evidence at Manawatu.

My land is within the boundaries shown on the map and my name is not included in the list of persons of Ngati Kapu hapu put in by claimant. I am not aware why it is excluded. I have lately let this land for persons horses are grazing there now. I have not a lease.

By James Ransfield

Was not this land given by Te Puke from the first to Te Rarure? Yes.

Where does Tarure come from? Ngatikoroki.

Did you not say that Puke gave this land to Wiremu Te Manawha? I did.

Which is the right giving to Te Tarure or to Wiremu? Both are right. One was a gift the other a sale.

Did you not say that you had a clearing at the base of Pukehou? Yes. My clearing is at Paruauku and close to the base of Pukehou. I can state the distance. It is not far off.

Have you a clearing at the base of Pukehou? I have one in Wi Piti’s piece close to the base of Pukehou. It is at Paruauku.

Do Ngati Kauwhata or Ngati Pare cultivate Pareauku now? Wi Piti cultivated there. He belongs to the tribe Ngati Kauwhata. Cultivation are on top of Pukehou. They have at Waerengapoke outside the boundary.

Who consented to erect the ---- station at Pukehou was it Ngati Pare? I don’t know.

You admit that the cultivations at Pareauku are Ngati Kapu’s? Yes. Hoani Pokai purchased from Te Oha.

When Ngati Kapu commenced to cultivate, were they interfered with? No.

Did you not go to Hori Pokai for permission to let the land? No, I did not.

Were not your cattle driven off by Ngati Kapu? I did not see.

Did you not give Eru and othere a £1 for your placing cattle there without any right? Yes. I paid 15/- for the trespass of my cows on his land, Pukerauhe.

Were not your cattle driven off in 1871 which were in my fence? I did not see, that is not my land and I do not know.

You said to the court today that you had cultivations with Ngatikapu at Pareauku, which part of Pareauku? The part within portion on Hoani Pokai’s piece.

You said that Te Puke gave this land to your parents. What was the reason for its being given to them, why had Te Oha point out the boundaries? Because Puke was dead.

Did you not say that you had a house on your land? I did, it was not burned down by Ngatikapu.

You said Otipua was Te Puke’s, have they any eel weirs there? I do not know.

Are you not aware that Ngatikapu have eel weirs there? I am not aware they have. I know of Waitawa. I do not know whose it is.

Do you know Piritaha or Taikai? No, I have not been there.

Xed by the court

I was able to hear what was said when I first went to Paruauku. Muaupoko occupied part to me. I followed. At that time Ngati Kapu was living at Rangiuru.

Court adjourned for an hour.

At 1.15 pm the court resumed.

Hema Te Ao – sworn

I declare to speak the truth. I live at Otaki and belong to Ngatipare.

I know the land under investigation. I am a claimant. I know the Pukehou station. The land there is Ngati Pare’s and Ngati Kauwhata’s. The principal man of those hapu’s is Te Puke. Te Puke is my uncle.

Rinao has given his evidence at Manawatu and mine will be of the same nature.

This land was not gift land. Land was taken from Muaupoko the original owners by these hapu’s. This was before I was born. That is the reason why these two hapu’s lived on this block. They exercised ownership over it. No other hapu of Ngati Raukawa had any right. They occupied this land up to the time of the death of Te Puke. Outside the boundary of the land, now under investigation. They lived at Waitohu and Mameao – adjacent to the boundaries of this block on the south boundary. There were no tribes who had any claim to the land inside of this block. They were the only people.

Ngati Pare and Ngati Kauwhata’s boundary commences at the mill thence to the Pukehou. People, who had claims inland on the mountain side of this boundary, claim by gift. Did not extend to the mountain, they were boundaries, were confirmed with certain limits – not more than 10 acres each.

James Ransfield’s statement that they had possession of this land is false. A portion of this land was given by Te Puke to Paiahi and Maka. Wiremu’s was also given. William’s paid for a portion of it. Hoani Te Pokai purchased from the people who owned the land. It was given out of affection. These people, Maka and Paeahi, never interfered or had anything to say about this sale or gift nor Wiremu either. This was bush land when it was sold to Hoani Pokai. I believe this land was purchased by Hoani Pokai and cleared in 1858.

Kerei Te Puke objected to this sale and Te Oha. It ended because it did not go further that Pukehou. Hoani Pokai’s claim did not extend to Pukehou. Ngati Kapu had no claims extending to Pukehou. Their claims were outside (seaward) with these tribes were the claims at Pukehou and had cultivations there. Those cultivations were for the purpose of snaring birds. They were not cultivations.

The time they had a right to this land they – Ngatikauhata and Ngatipare commenced to cultivate at the station. Ngatikapu’s, afterward, came in by Hoani Pokai’s purchase. Te Oha gave them the right to snare birds – not to the land. Renao parted with this. I heard of Te Oha consenting to the catching of birds but not from Te Oha’s own mouth.

After Ngati Kauwhata went to Oroua, a person was agreed to catch the birds on this mountain. He belonged to Ngati Raukawa. Renao has given their names – Whakatohe and others, Heta, also. Those people who only exercised the right to the land of catching birds. They were Ngati Waihuriaha and one was Ngatiparehaurangi. They continued to use this place up to the time of their death. They died in 18--.

The southern boundary is a new one – not old. The Ahiarangikahuri was not Kahuri’s first but Otaki’s – going to overtake slaves on of them was Haurangi’s. These were not Ngati Kapu slaves. They were not Rangikahuri’s. Subsequently this land was cut up before the search for slaves. I don’t know anything about the south boundary line.

I acknowledge Ngati Kapu’s title to the land seaward. It commences at Ngatotara thence by the side of the Waitawa and thence to the base of Pukehou. Ngatipare have a claim within Paruauku. It bears no distinct name but is a part of Paruauku. ---- I ----- to the boundary at the base of Pukehou. I mean across the other side at Otipua to the portion given by Te Oha. Hoani Pokai – the piece purchased by ----. We have not interfered with those portions ---- or sold. I remember the time of the erection of Te Pukehou try Station. We did not interfere. Only lately the land was surveyed have I seen ----- or heard of their setting up any claim to the top portion of this land. I objected to the erection of Te Pukehou try station. I informed the government of my objection by letter and also to Mr. Mitchell. I was desirous to cut it down. I was told it was only for the survey of the country and not for taking the land.

I asked for payment for the trees that had been destroyed. I wrote and demanded payment on receipt of a letter I ceased my demands. Europeans erected the station.

Court adjourned until 10 am tomorrow.

133-144

Tuesday May 13th 1873

Waikanae

Place – the same Present – the same

Iwitekai

Peeti Te Aweawe – recalled

Said – I have a list of the names of those which should appear in the crown grant – list read.

Iwitekai B – A Native Reserve

Hemi Warena asked for a certificate for a portion measuring about 53 acres and 3 quarters.

Court decided to order a certificate under section 17 Act 1867 to Hemi Warena and Wata Tohu and the other names in lists handed in to be registered.

Ordered that a certificate of the title of

Hemi Warena and Waata Tohu

be made and issued to the parties when a proper survey is furnished and that the names of the following persons be registered under section 17 Act 1867 Hemi Warena, Waata Tohu, Hemara Te Whetu, Heremaia Mahuri, Ahenata Tamaru, Hanatia Te Whare, Merehira Pehi, Rora Ngaone, Waitere Kakiroa, Rota Moea, Watere Taiore and Rai Kahu.

Fees charged

Hearing £1 Certificate £1 Total £2.0.0

Iwitekai A

Ordered that a certificate of the title of

Peeti Te Aweawe, Huru Te Hiaro, Ereni Te Aweawe, Hanita Te Aweawe, Raki Whata Peeti, Poitete Taringa

Be made and issued to the governor when the said parties shall furnish a proper survey thereof a Native Reserve.

Fees charged

Hearing £1 Certificate £1 C. Grant £1 Total £3.0.0

Pukehou

Hema Te Ao – recalled

Some of Ngatiraukawa people were engaged by Mitchell to assist in the erection of this station. These were labourers and paid. James Ransfield and others were the people. All the men employed by Mr. Mitchell were in the capacity of labourers. If this work had been at the instigation of natives only, I should have prevented it. I would not have allowed the station to be put up. I would have cut it down. These people have no right to the land from Pukehou to the mountain. I mean Ngati Kapu have no right there. They never took part in driving away the original occupants of the land.

I cannot point out Otipua on the plan. Otipua is a swampy piece of land. I cannot fix the boundaries of Ngati Kapu’s land.

I admit that Taikau belongs to Eru Tahitangata but it does not extend to Pukehou. Eru Tahitangata’s occupation is of a recent date. When he arrived, the land had been subdivided by our fathers. Eru Tahitangata was a slave of Ngati Kahungunu’s. He puts up his claim in consequence of a purchase from Hoani Pokai. I do not know when Eru Tahitangata came here.

James Ransfield

You said Otipua is your boundary? I said the old.

Where is your boundary now? I have divided it. (Boundary pointed out).

That is your boundary? Yes.

Why have you shifted your boundary? In consequence of the sale by Hoani Pokai and Wiremu’s.

Do Ngati Pare and Ngati Kauwhata object to Ngati Kapu’s ----- grounds at Pukehou? Renao has stated that is a matter of arrangement. Ngati Kauwhata gave Ngati Kapu leave.

Is it not only within a late period that Ngati Kauwhata and Ngati Pare objected to Ngati Kapu’s right to all this land? Yes. Only lately since the survey.

Do Ngatipare and Ngatikauhata cultivate this land now? Yes, at Pukehou and Paruana where Ngatipare cultivate.

Why was not Pukehou included in the land given to Ropata Hurumutu? It was a matter of arrangement that Ropata’s land should not extend to Pukehou.

Where does Matiu belong? I can’t say.

You said Akatohe and Heta were but to look after this land. Why did they not interfere with Ngati Kapu? These people knew a portion of the land had been sold to Ngati Kapu. The inland portion was never given to Ngati Kapu.

Xed by Hoani Taipua

Had I known this boundary should extend to the mountain, I would have objected to it.

Xed by the court

I remember the cows given by Hoani Pokai. He is a Ngati Tehoru and conceded to Ngati Kapu. Renao and Te Oha had these cattle. These last two are Ngati Kauwhata.

James Mitchell said

I am a trigonometrically surveyor in employ of Prov. Govt. Wellington and engaged in the Manawatu district. The try work is for the general government. About 10 months ago, I came to Otaki to commence this survey for it necessary to put up a station at Pukehou.

There was a deal of talk that the stations I ---- would be destroyed. I made enquiries as to ownership with reference to explaining to the owners the natives of a station – that it had nothing to do with individual rights or tribal boundaries. I was led to believe that Eru Tahitangata was one of the principal persons sent a messenger to explain purposes of station. James Ransfield was the manager.

After my man had been employed some time falling bush a letter was sent to the government by Ropata Te Ao demanding £40 compensation for distruction of timber on Pukehou. I ---- the letter and returned it to the government. Afterwards I received a letter signed by Ropata Te Ao and 2 others. It is now at Otaki. They asked for £15 – threatening of refused they would smash up the station. I replied by letter produced by Hema – that is it. I went to explain that the station gave no claim to the land but for survey purposes only. Eru told me he was annoyed at the interference and said he should put it up himself rather than that it should not go up. It was put up and it is still standing.

James Ransfield

Eru Tahitangata pointed out several tries – other people did too – which had been cut for catching birds. I cut them down because they intercepted the view. I saw a tree which was pointed out as a boundary tree and which I cut down – position pointed out.

Eru said that was the boundary which he could not pass to kill birds.

Hoani Taipua

I saw that tree. Eru told me it was a boundary tree. I paid those who ---- in the erection of this station. Eru told me this tree was the boundary between himself and Hema and Ropata Te Ao - the land belonging to Hema and Ropata and the north to Eru.

Court adjourned for 15 minutes.

At 12 o’clock the court resumed.

Te Kooro Te One – sworn

I am a Ngatikauhata and live at Oroua.

I claim the land under investigation. The first migration Te Heke Whirinui. Some of Ngati Kauwhata remained at Kapiti. The greater portion returned to Taupo and Maungatautari and Pukekura.

Tamaihararui was a chief of the middle island. Raupara employed a schooner went along the coast. Entrapped Tamaiharanui on board, cooked him in the ships coppers (see History of N.Z).

The names of the persons who remained Noa Tata, Te Horo, Te Ihurangi and their wives, Te Ao father of Hema belonging to Ngati Pare. Te Ao was a chief and came down with the Ngati Awa migration. Ngati Whakatere had arrived shortly before this. Ngati Pare’s war party was at Manawatu. Te Puke accompanied Te Ao to Kapiti. Te Ao remained and Puke returned to Maungatautari. Puke and Te Ao are brothers. Te Puke brought another war party known as Kariritahi and they decided to remain here on account of the goodness of the land.

The great migration arrived at Kapiti. They came over to the main land at Otaki. They arrived at the ---- of the Tamaiharanui. On arrival they lived in large numbers at Otaki. They commenced to cultivate at that period. After they had been living there they went inland to mark off boundaries. After they had settled down they built a pa. Ngati Kapu went to Pukekaraka - that was the land they divided Ngati Kauwhata. Te Puke went to Waitohu. Te Puke took a wife from Ngati Kauwhata that was why he lived there.

Te Ao was living with his people Ngati Pare. This land was then subdivided from Manuao to Paruauku and Totara. Te Oha took possession of the eel weirs on the Totara Stream. Paiaka was the name of one of these eel weirs. Whanake was another. Cutting up them extended to Paruauku – going inland Te Oha saw footmarks. Ngati Kapu had no part in this cutting up. These footmarks were Muaupoko people. Te Oha alone saw them. In the evening Te Oha told Ngati Kauwhata what he had seen.

A number of people went out in the morning but did not see them. Ngatipare and Ngatikauhata (about 20) that went out. They tracked these footmarks to Pukehou where was the village of Rangihorehuri. They attacked the village. Rangihorehiri ran away and they caught 2 women and a child. Te Oha shot a woman and wounded her – named Te Uku. They were brought away and made slaves of. That time they discovered places on this mountain to obtain food – bird waters also.

Court adjourned for an hour.

At 2 pm the court resumed.

Wairarapa

Hape Te Horohau handed in a list of names in whose favor he asked for a certificate of title – list and boundaries read.

Maramakopai

Te Runga Tarahekeheke handed in a list of names in whose favor he asked for a certificate of title list and boundaries read.

Whakapaimarama

Rawiri Wanui handed in list of names in whose favor he asked for a certificate of title – list and boundaries read.

Pukehou

Kooro Te One – recalled

That woman was brought out of the bush to Mangapouri. Te Puke killed one of the women and the child. Rangihaeata heard of this that the woman Uku was in capturity – a captive of N.

Rangihaeata then sent his wife for this woman. These hapu’s settled down towards the sea at Mangapouri scraping flax. Shortly after this they sent a war party to Whanganui – returned from Whanganui and occupied Waitohu and Ngatotara – cultivated there – remained permanently. They scraped flax and cultivated the land. Ngatikauhata had houses within the block under investigation at Ngatotara by the side of Paruauku also near the swamp. Paruauku was named by Te Puke. Not an ancient name of original owners. People who lived in these houses referred to by me and others scraped flax. Tawaka is the name of the other place. They also caught eels in the stream there and also at other places. Persons also went to the hills to catch birds to Pukehou. Ngati Kauwhata’s residence near Pukehou was for a ------ period – persons were buried there. Their kainga Waitohu is outside the boundary.

At that period Ngati Kapu had no cultivations on this land only lately. They had a right to cultivate and after the purchase – the boundary went from Totara to Pukehou and then turned to Pukehou at the base and turned up the mountain. This was a boundary between Ngatikapu and Ngatikauhata. The swamp was the boundary.

Ngatikapu cultivated the other side of Otipua. They did not reach Pukehou. The cultivation of section of Ngatikapu at Pikiwahine was of recent date.

The boundaries of the land now cultivated by Ngatikapu are the same as those when they purchased the land. I do not intend to interfere with the boundaries of the land which I admit but I dispute that portion on the mountain side of a line from Pukehou to Otipua. At that time Ngatikapu had no right to the mountains. It is only lately that I heard they had any claim and laid down a boundary. Before Haowhenua, Ngati Kauwhata went (some of them) to Oroua to see their portions divided to them at the time of the migration. They returned to Haowhenua and cultivated the same places that I have stated. The greater portion of Ngati Kauwhata were luring these.

After Haowhenua, part of Ngatikauhata went to Oroua – 50 of them remained – lived there for a long time. Their occupation was never interfered with by any hapu or tribe. I do not refer to Te Puke and his party, they were living on the land. These 50 persons protected their rights of Ngatikauhata – Kuititanga some of them died – killed in the fight. That section at Oroua fought at Kuititanga – about 10 were killed. They enjoyed their portions according to previous allotment.

After the Kuititanga, the Christian ministers arrived. They did not remain at Oroua because Otaki was the place where the missionaries were. They went to and fro to Otaki and Oroua – to Otaki to pray and to this land to cultivate.

At that period it was not heard that Ngatikapu and Ngati Tehoru had any claims there. The persons that I have commemorated died there – the 50 persons. Their descendants are alive.

In the year 1845, my uncle lived there. He is dead. In 1848, he went back to Oroua. In 1845, I lived at Otaki. He was in the habit then of frequenting portions of this land and did not see any other hapu’s on it. Then a number of Ngati Kauwhata were alive – about 80 perhaps 100 – altogether men, women and children.

When I went to school at Otaki, I went with Renao and Te Oha to cultivate portions of this land. I lived at Otaki until 1857. I went to Oroua and I have lived there ever since. Renao Moutere and Erena and their children and the persons now living on the land – I do not know whether they are living within the boundary or outside – people have set up rights lately through going simply to catch birds. I do not object to Rikihana’s claim. He is in occupation.

I saw the sale of the land to Hoani Pokai. I do not dispute that sale, it is correct. The sale was affected at Piritaha in Otaki town. I accompanied the assessor and interpreter when they went to see those boundaries.

I pointed out Rikihana’s piece and our claims. Ransfield stated at that of all the land there was Ngati Kapu’s. Rikihana’s land is planted in orchard – portion in grass with part fern. We heard of Wi Piti and Te Rau having claims here at Otipua. Wi Piti’s name is on it. Ransfield objected to Rikihana and all these people.

Xed by James Ransfield

You said at Tamaiharanui, lived at Otaki at Haowhenua, which was first? Tamaiharanui was.

You said eel weirs at Ngatotara were Te Oha’s? I did. Those eel weirs were given to Enoka previous to Haowhenua and Enoka was a Ngati Kapu.

You said Pukekaraka was the only plan of Ngati Kapu? I did.

Whose is the land within the boundaries showdn on the map now? I do not know. I claim a part of it.

You sai Ngati Kauwhata had houses at Ngatotara, are they standing now? No.

You said you had cultivations within the boundaries? Yes, at Ngatotara.

Were there 50 Ngatikauhata’s remaining in possession of this land? Yes. They occupied at Waitohu, Manuao and Pukehou. Waitohu and Manuao are outside, Pukehou within.

Have Ngati Kauwhata cultivations at Pukehou now? No. They were of a previous date. At the time I was at school at Otaki.

Did you see the cutting up of this land?

Have Ngati Kapu cultivations within the plan? I saw cultivations at Kopureherehe at Piritaha and Waitawa. Eru’s they are.

Have Renao and Te Oha cultivated within this block? Yes. They had rights of snaring birds there. Yours is the only food cultivation the others are simply for bird catching.

Mr. Wardell applied for leave to appear as government agent in the stead of Mr. Sinclair.

Court adjourned until 10 am tomorrow.

534-551

Tuesday April 7th

Court sat at 10 am.

Present – same judges and Ropata Ngarongomate – assessor

Himatangi – continued

Mr. Fox called

Isaac Earl Featherstone – sworn

I am superintendent of province of Wellington.

At the end of 1863 I was requested to go to Rangitikei for settlement of certain matters in dispute there. Subsequently to that I received an appointment as commissioner for purchase of lands.

In course of proceedings, I reported from time to time to general government. I have read the 4 reports printed in the Lessional papers of house 186. I am prepared to swear to the correctness and truth of those 4 reports as to authenticity and in substance as to contents. (Witness handed in a document purporting to be a copy of a report by Mr. McLean dated May 15, 1849) furnished to me by Mr. Rolleston (received by the court). This document was sent to me by Mr. Rolleston under secretary Native Department as a copy of Mr. McLean’s report (Witness handed in a 2nd document purporting to be a copy of a letter from Donald McLean dated 16th March) (received – same evidence as to receipt from Mr. Rolleston as true copies of reports).

With reference to a document purporting to be copy of an amended declaration by us filed in the Supreme Court by Izard on behalf of Parakaia served upon Mr. Hart who represented me as defendant, I believe the document produced to be authentic and I believe the word “Received” is in Mr. Hart’s handwriting. The suit was prosecuted in the Supreme Court and the injunction applied for was refused – (document received).

Witness put in a copy of Wellington Provincial Gazette, January 27, 1868 No. 27 containing a report by Mr. McLean to Mr. Fox dated Whanganui April 12th, 1849.

This report is to the best of my belief correctly printed from a copy of Mr. McLean’s report furnished to me by Mr. Rolleston from the Native Office.

Mr. Fox – put in Appendices to Journals of House of Representatives 1864 and 1865 and further papers relating to the Manawatu Block A – N – 4 1866 directing the attention of the court to papers as in list marked (A) – (received).

Mr. Williams – requested that the papers put in, be read.

Mr. Fox stated that – Dr Featherstone was anxious to proceed to Wellington today having important public business requiring his attention and suggested that as the reading of the papers put in would take up the whole day, he suggested that the reading of the papers should be postponed until a future day when Dr. Featherstone could return for examination.

This being assented to by Mr. Williams. Dr. Featherstone left the witness box.

Hunia Te Hakeke – recalled

Xed by Mr. Williams

At the time of the signing of the treaty, I was a child (witness said he was “so high”, about 4 feet). I think I was about 17 years old.

Pikitara was a ‘pa’ of Ngatiapa. I forgot this ‘pa’ yesterday. Pikitara was not ‘whawhaitia e te hoa riri’. Ngatiapa were not ‘mate’. 400 Ngatiapa’s were in the ‘pa’ and they crossed over to the other side of Rangitikei. Turangapito and Te Hakeke left the ‘pa’ because they knew that Te Rangihaeata, Te Pehi, Rawiri Puaha and Tungia had guns. There was a ‘taua na Te Rangihaeata’. They went up to try and take this ‘pa’ from Kapiti. After they had been there some time, we ran away. We were afraid of the guns obtained from the ‘pakeha’. One of our party, an old man, was left behind and killed.

Don’t know of a ‘pa’ called Te Katea.

There were cultivations.

I heard that my mother was taken at Oroua by Ngatitoa – Rangihaeata soldiers. There was no ‘pa’ there. She was ‘noho noa iho’ there. I and my father were at Oahura on Kaikokopu – a fighting ‘pa’ ‘ki oku iwi ano’. Lived there till we went to Parewanui. Lived along the bank and at Tawhirihoe.

At the ‘Kuititanga’ we were collected at Tawhirihoe and Parewanui ‘ki te kura’ and ‘tuhituhi’. We lived sometimes at Parewanui and sometimes at Oahura. It was occupied before and at Haowhenua and afterwards up to the coming of the native teachers from Maungatautari.

We went from Poutu to Waikanae. Our houses were still standing at Oahura. It was occupied by Ngatiapa at the time of Haowhenua. A man named Tipae was killed near there by Tamahiku and Ngatiruanui which was one cause of my coming to fight at Haowhenua. There were no men in the ‘pa’ at the time when Te Whatanui came. They were at Oroua and Whangaehu. The ‘pa’s named yesterday as occupied by Ngatiapa were not occupied at the time when Whatanui came through Rangitikei.

There were 800 men and women at Otakapou – a large island in a lake. This is between Turakina. 200 people at Te Awamate which is on the other side of Rangitikei near the mouth. Some were at Mangawhero near Whangaehu.

When Rauparaha came second time it was to Awamate and the 800 were at Otakapou. I never heard from Turangapito that a ‘pu tangata’ was put (placed) at Whangaehu. He was chief of those rivers. I was not present when the Ngatitoa chiefs gave evidence on these points. If I were told that such a thing was stated to have been done I should say, I heard nothing of it from my ‘matua’s. They only spoke ‘pai’ to one another. The Ngatitoa ‘mana’ was not over the land. We were evilly disposed towards them on account of the killing, at Manawatu, of the woman Waimai by Te Watarauhi Nohorua. When Rauparaha came the 2nd time, he did not go to Otakapou. He came on the coast and stopped at Te Awamate. Don’t know whether he knew of the ‘pa’ at Otakapou.

Ngatitoa ‘mana’. I acknowledge Ngatitoa ‘mana’ at the time of the sale of Te Awahou. Rawiri Puaha and I agreed or I should not have admitted it. The ‘mana’ of Ngatitoa depended upon my acknowledging it to exist. I can’t speak about Ngatiawa but the chiefs of Ngatiawa know very well that they have no ‘mana’. Taranaki might assert a claim. There is a ‘take’ for it. My ancestors were related to that tribe.

I attacked Ngatitoa and he turned upon me. There were 6 tribes fighting against Ngatitoa for 7 years up to the Awamate.

I finished it at Poutu where I killed 20. Takapiti and Te Ngohi were the chiefs of Ngatitoa who went up with the ‘taua’. I had the best of it. This was the last of the fighting. Rangihaeata sent Pikinga to her people to make peace and when Te Whatanui came to Otaki, peace had been restored.

There was no ‘pa’ at Te Poutu. The people were at Te Awamate, Koputaara, Pukepuke and Pikitara . At Te Awamate, Te Rangihauku and Koupeka chiefs, Ngatiapa were killed there.

A ‘kohuru’ by Rauparaha and Rangihaeata – this was to avenge the Waioru (Kapiti). The ‘pa’ was taken. The chiefs were enticed on shore and killed and the occupiers of the ‘pa’ fled. Ngatitoa followed but did not catch them. Hakeke got away to Oroua. The Poutu affair was 6 months after that. Te Ngohi and Te Kapiti were the chiefs who led the party. They thought the Ngatiapa would be afraid of their guns. They were all killed. One was saved. Tohi Ariki was spared and he was afterwards released. Mohi Mahi was the chief. Hakeke was at Pakitara.

Rangihaeata heard at Kapiti that Ngatitoa had been slated and he sent up Pikinga to make peace. At this time the people were at Oahura, 80 men and women, at Pukepuke 50 men and women, the rest were at Otakapou, there were 800, at Pikitara 600.

At the time of the Poutu affair, Ngatiraukawa hadnot arrived but it was near the time of their coming.

At the peace of Poutu, some of Ngatiapa were at Oroua, some along the Manawatu up to the Oroua, some at Whanganui Mangawhero. There was no ‘pa’ at Oroua. They were living on the river and a Te Aunui – an island where they were when afraid of being surprised.

When Ngatiraukawa came, they killed some Ngatiapa and took some prisoners. I heard from my father that there were 60 altogether with Whatanui. After that, other parties of 20’s and 30 came and joined – the fire having been lighted.

Turangapito came after Whatanui to avenge Te Whareki. We did not want peace. Whatanui caught a lot of women and sent them to the Ngatiapa chiefs. I did not want peace. It was Whatanui who wanted peace. Ngatiapa did run away to Wairarapa. Hakeke went to fetch guns from Kekerengu. This was before Te Whatanui came.

Te Rangihauku sent to him Te Kekerengu, not to give Te Hakeke guns. “Your sister has been killed”. Kekerengu believed it, and fired on Ngatiapa. Turangapito did clear out to Turakina when Whatanui came down to leave the road clear. He was ‘tupatu’ of the ‘heke’. The Oroua people ran away in to the bush, hearing that some of their people had been taken and eaten.

Te Awamate was not abandoned nor Otakapou – (2) after Poutu the Ngatiraukawa ‘heke’came. Before this Te Hakeke and Re Rangiteki had gone to Rangihaeata at Kapiti and was there as a guest.

Rangihaeata said, “ka tika to maunga mai i to patu’, but as for Rangitane and Muaupoko, ‘ka mau tonu toku mau ahara’”.

My father, mother and I used to live on the other side of Otaki. Used to bring pigs and mats etc to my friends and when I got blankets and powder I returned to Rangitikei. I was living here a year. This was between ‘Kuititanga’ and ‘Haowhenua’. My father and mother were not ‘kai mahi’ of Matene’s. My father used to come here with 20 men. He was not ordered about by Matene. When I was living here, I saw some Ngatiapa ‘pouonga’ living with Te Rangihiroa. There were not many slaves.

If Tamihana had said that Te Rauparaha had 40 slaves of Ngatiapa, Muaupoko and Rangitane, he would have stated.

Court adjourned at 1 pm for an hour.

Court resumed at 2 pm

Kawana Hunia

Xed by Mr. Williams – continued

When I was living here at Otaki, I don’t know whether Ngatikauhata, Patukohuru and other ‘hapu’s had any Ngatiapa slaves. The slaves I know of were the women who were taken by Whatanui at the island, when Mohi Mahi escaped. These were returned at the time and afterwards while I was living at Otaki.

The Ngatiraukawa were not occupying all the lands of the 3 tribes. They were not living at Rangitikei. Ngatikauhata were not at Oroua. Ngatiraukawa were at Otaki. Ngatitoa at Kapiti and Ngatiawa at Mana and at Waikanae.

Heard of the affair at Waimea. Haowhenua was long after. I and my parents did not live at Otaki before Haowhenua. Two years after Nepia had gone to Rangitikei, my parents came to bring Ihupuni and other presents with 15 people to Matene. Nepia had been living at Te Ana and Matuhiwi and Waituna – 10 men and 10 women – Parewahawaha. Ngatikauhata were living at Oroua at the time I was living at Otaki. Ngatiraukawa were not at Himatangi. They went there when Governor Browne bought the Awahou block. I was then living at Moutoa with Ngati Te Upokoiri. Henare Te Herekau and Whakatere were living at Taita seaward of Manawatu. Ngatiraukawa had a ‘pa’ at Opiki and Whakatere on this side – had not cultivated at Himatangi – from Haowhenua to the sale of Te Awahou. Te Whetu was there but was connected with Rangitane, at the time of Haowhenua.

Remember the time of sale of North Rangitikei. Ngatiraukawa were not living on the Manawatu side of Rangitikei. They had lived at Te Ana after Haowhenua. There was a ‘tupapaku’ a relative of Paora Te Ihiihi buried there. He asked me for money and I gave him a horse. When Ngati Upokoiri returned to Heretaunga, they left the lands to Te Peeti and me and Te Ahu o Turanga to Te Hirawanu - commencing at Te Kaingapipi below Moutoa to Himatangi and on to Puketotara and Oroua. I should say that my ‘mana’ is over the land on this side of Manawatu which was returned by Ngati Te Upokoiri. These lands belong to me and Te Peeti, Te Warena and Huru are the persons in charge.

My father asked Ihakara for a portion of the rent, Te Awahou, to test the good heartedness of Paora Tai Kapurua. Ihakara said there is no money. I did not hear that Ihakara said, “Is it land given to me by you, that you should ask me for a part of the money?”

When I burnt Mr. Robinson’s house, he gave me money. Did not hear Nepia say that he would hold the land (Rangitikei Manawatu block) for Ngatiraukawa and not sell it but after I burnt the house I heard that all Ngatiraukawa said so. It was not Nepia who caused me to have an interest in the lease, it was myself.

On hearing Awahou was sold, I went to Wellington and took money and arranged for the cattle to be placed on the land. When Ngatiraukawa went to build a mill at Makowhai, I (Ngatiapa) went and built a ‘pa’ and took 80 guns. Nepia and Ngatiraukawa went to that ‘pa’. They did not go armed. They were on their way to Taupo. On their return it was proposed that the mill should be built half by Ngatiapa and half by Ngatiraukawa. I took the stones from Nepia’s hands, buried them to see who would come and take them. Some of the old men of Ngatiapa did assent to the proposal to share the mill but what cared I?

Matene Te Matuku is a ‘koroua’ of mine. He has known me from my boy hood. He said I was a bad man for not giving him any of the money I received for his land. Oahuru was a large ‘pa’, there were ‘pou’ – the ‘pou’ were about 8 inches – the 12. They were got from the beach.

It is true that Ngatitoa were ‘patu’ at Te Poutu. Don’t know if any Ngatiraukawa were among them. They were Ngatitoa, Ngati Koata, Ngati Rarua and perhaps some of Ngati Pakau – ‘hapu’s of Rauparaha and Rangihaeata. Did not hear of Ngatiraukawa ‘patu’ing Ngatiapa at Poutu afterwards.

Ngatiapa, Rangitane and Muaupoko are the owners of the land sold to crown. Each tribe knows the boundaries of their own ancestors.

The land returned by Ngati Te Upokoiri belongs to Ngatiapa and Rangitane jointly. There are two ‘hapu’s of Ngatiapa who have special claims – Ngatitai at Himatangi. Peti went to send us away at Tawhirihoe.

It was partly my fault. It was about the money and I said something to offend Kerei. I told the court that if it had not been for Rangitane I would have fired on Ngatiraukawa. I did say to Ngatiraukawa “go back”, “if it comes to fighting with Rangitane but if it is he iwi ke”. I did tell them to go. I could have put an end. If Ngatiraukawa had not been there I would have fired on Rangitane. Kepa and Tamati Puna were looking on.

When Dr. Featherstone came to me, he did not tell me that he had come to tell us that Ngatiraukawa had consented to arbitration. Dr. Featherstone asked me what was on our thought. I said, “Go back to Wellington and ask about the money, £50, which Mawae and Tamati Puna got.

Matene Te Whiwhi did go to Parewanui to try and smooth matters. I saw Parakaia there on horseback at Tawhirihoe.

By Mr. Fox

The mill stones buried have not been fetched from the place where they were buried.

By the court

The mill stones were bought by Nepia and were bought with the proceeds of Te Wharangi.

There were people living at Oahuru at the time of the coming of Whatanui. There were 40 people living there.

The Pikitara affair was shortly before Te Whatanui’s ‘heke’.

A portion of Ngatiapa land is included in Te Ahu o Turanga block. The tribes are mixed up, there are no tribal boundaries.

Further hearing adjourned till tomorrow.

Court adjourned at 5 pm to 8 pm.

Court sat at 8 pm.

Tawaroa No. 1 – Tame Hawea (from pp 533 in this book)

Mr. Hughes

Put in the plan of this land with the alterations required by the court and certificate that the boundary as altered is marked on the ground. Plan received and put with papers.

Tauaroa No. 3 – Parakaia Te Pouepa (from pp 409 this book)

Parakaia – called

Stated that the land was surveyed by Mr. Hughes.

John Hughes –sworn

Produced plan a7 – r1 – p35. Boundaries pointed out by Parakaia – distinctly marked on the ground. Survey conflicts with land claimed by Tamihana and Kiriona which I have ascertained subsequently.

Parakaia Pouepa – sworn

I claim this land. It was forest, felled for a clearing by Te Kuru, Te Raotea, Parekawa, Te Hemara, and others of Ngati Te Au and Ngatirakau.

I planted potatoes there the 1st year. We had a great feast there. Planted 2nd year, 3rd year was the fight with Ngatiawa.

After Haowhenua went to Manawatu. 2 years after came back felled and planted. After this, the land was left until the present time. I claim this land on account of the Kuru, Parakaia, Te Hemara Te Mataaho, Hakopa Te Tehe.

No one cultivated it since. The land on the south west belongs to Ngatihuia and on the south east also to Ngatihuia. On the north east to Ngatipare. The first named boundaries are fixed by myself. The other by Matene Te Whiwhi.

Objectors appeared.

Tamihana Te Rauparaha – appeared - Claimed the greater part of this land – sworn

I know the land in the map. I know the boundaries. Ngatihuia was on one side. It was occupied in the time of Haowhenua by my father. I saw his pegs (Parakaia’s). My father cultivated continually. I cultivated and worked on as well as my wife before and after I went to England.

I took the fence away that was standing on the south west when I went to Whakangutu.

I call Paora as a witness. Tamihana applies to the court to exclude the part claimed by him from Parakaia’s claim.

Xed by Parakaia

The ‘taiepa’ was mine. Rauparaha did cultivate. The stumps are still standing i.e holes may be seen. I cultivated after I returned from England. You have seen my fence going along to the road.

By court

I put up the fence myself with my people. It was put up in 1856. There was not a fence in my father’s time. The fence was an old boundary.

Ratima Potau – sworn

Of Ngatiapa.

I have seen one peg of Parakaia’s on Tamihana’s land. It was cultivated every year. I saw the peg near Te Tauaroa. I recollect the fence. I assistedto put up that fence. It commenced at Tauaroa and followed on to Otaki. This is an old boundary. Only a portion was cultivated.

Xed by Parakaia

I know the cultivation was on the side of the R. You were not my chief. Thompson’s fence ended at the overflow of the river. I cultivated 1 year close to the river. I was not aware it was Parakaia’s land.

Parakaia’s claim was withdrawn by him when he was inforfmed by the court that it was satisfied a certificate could not be ordered in his favor for the whole of his claim.

The objection taken by Tamehana being considered valid.

Case dismissed.

Court adjourned at 10 pm.

Thursday April 16th

Court sat at 10 am.

Present – same judges (3) and assessors (2).

Himatangi – continued

Mr. Young proceeded with reading documents put in by Mr. Fox – list (A).

Walter Laury Buller – Sworn.

I was employed as clerk at the Kohimaramara Conference. The reports of the speeches were prepared by me. Report published in The Karere Maori of August 3rd 1860 No. 15 – Vol. vii. I am responsible for it.

Mr. Fox directed attention of the court to portion of speeches of Paora Tuhaere – pp 42 and 43 – and of Hemi Parai – pp 44 – relative to the treaty of Waitangi. (Passages read in Maori).

(Sketch of Himatangi – showing eel ponds on the block – put in by Mr. Fox). Witness stated that it was prepared by him, from information given by Peeti Te Aweawe and Matene Te Matuku, for the purpose of showing approximately the number and position of eel ponds referred to in the evidence for the crown.

Xd by Mr. Williams.

Asked Mr. Buller questions with reference to passages taken from a report made by him when Resident Magistrate in which he expresses certain opinions with reference to Ngatiraukawa and Ngatiapa in connection with their claims to land.

By Mr. Fox.

This was in 1863. I was not at that time employed in investigating title or in negotiations for purchase of land.

Isaac Earl Featherstone – recalled.

(Documents purporting to the copies of leases (and 1 renewal) of certain lands were shown to this witness, who stated) that he had received the whole of them from the lessors or lessees. These leases affect nearly the whole of the Rangitikei Manawatu (purchased) block. Document received subject to assent of agent for natives. These documents were given to me in connection with my stopping the payment of the rents.

Xd by Mr. Williams.

I am not quite certain whether these ….. I was a Land Purchase Commissioner when I wdent up to Rangitikei in 1864. I don’t remember the date of my appointment. I think I had been appointed some years before. I first had a letter from the minister authorizing me to purchase land while I was superintendant. I afterwards received a commission. The commission was of subsequent date to that of my visit (18 months later). The Ngatiraukawa absolutely refused to sell at Tawhirihoe in 1864. The Ngatiraukawa proposed arbitration as to the title of the land declaring at the same time that if the decision was adverse they would not abide by it. The government did not investigate the title to the land in 1864. I don’t know whether it was by permission of Ngatiraukawa, the sale of north Rangitikei but I am aware the Ngatiapa sold. I was not aware that on the occasion of the sale of north Rangitikei. The Ngatiraukawa chiefs told Mr. McLean that they would hold this side of Rangitikei for Ngatiraukawa. I produced Mr. McLean’s report which is before the court. I never saw these reports until within a few weeks since when they were given to me by Mr. Rolleston. I have read that report since I received it from Mr. Rolleston. 9 chiefs met me at Te Wharangi and consented to sale and told me that the majority of the people were disposed to sell. I forget the date. I did not hear the assent of the bulk of Ngatiraukawa. On the contrary the chiefs told me that the assent of the people was necessary to be obtained before the land could be sold. I impounded the rents at Tawhirihoe to prevent the tribes fighting. It was done with the assent of all the tribes. The rents were to be paid when the whole question of the purchase should be settled. I was to keep them as long as all the tribes assented. It will be seen by my reports that I promised to release the rents if all the tribes wished it. The governor gave the arms and ammunition referred to by Kawana Hunia as reported by me – gave to all the natives who accompanied the expedition of General Chute. I had no instructions from the minister as to the purchase of the land. My instructions were to endeavor to settle the dispute. The whole matter was put into my hands by government.

(Witness admits having received Colonel Haultains letter with names dated May 3rd 1866).

I did investigate the title as far as it could be investigated and heard the same history as has been told in this court. I investigated tribal but not individual claims. I did not investigate the claim of the ‘hapu’s’ but I was aware of the claim of ‘hapu’s – as the Ngati Kauhata and Parakaia claims. I did not ask the sellers to…… I believe I have been repeatedly at every settlement in the Rangitikei Manawatu block except Reureu up the Rangitikei. I have repeatedly ridden over Himatangi on my way from Moutoa to Puketotara. I was not aware that Ngatiraukawa were solely in occupation of that land. I knew that that was the place which Parakaia claimed. I don’t know the year when Ngatiraukawa began to cultivate at Himatangi – only what I heard in the court. I do not know the year the Ngatiapa ceased to cultivate there. I did not ask this before purchase. I had no analysis of the residents who were not willing to sell. I think there were from 40 to 50 of the residents who were dissentients. I don’t remember the precise number. I can give the court the exact number if required. Mr. Buller gave me the information. I don’t know the Ngati Rakau. I know Parakaia. I have never heard that he is a chief – heard the contrary. I don’t remember Taraotea. I may have seen him. Parakaia was not at Parewanui when the money was paid. I do not know whether Taraotea was there. Scarcely any of the dissentients were there but some of them came a few days after. I don’t know the names of all Parakaia’s co claimants. I have repeatedly met all the dissentients. I fixed the price and paid the money for Te Ahu – o – turanga block. I did not negotiate. Ngatiraukawa did not join in that sale. Rangitane sold the land – 25,000 acres. I did not hear that it was sold by permission of Ngatiraukawa. I believe Searancke was the commissioner. Stewart laid off the reserves. The negotiations were all settled before I had anything to do with it. I had only to pay the money. I don’t think I have read Searancke’s reports. There was no necessity. The survey had been completed and there was no dispute about title. The Ngatitoa’s had defeated the Ngatiapa and Rangitane and their title was admitted by Ngatiapa at the first meeting I had with them. Ngatiapa agreed that Ngatiawa should join in sale and receive part of money. All the tribes were admitted by the Ngatiapa. The land was Ngatiapa’s by inheritance. They never were dispossessed of it. Ngatiraukawa were in occupation, as I believe, by the sufferance of Ngatiapa. I have heard this from all the tribes, whom I have seen at meetings. Ihakara has often said that the land belongs to Ngatiapa. I have heard it asserted that Ngatiraukawa took slaves of Ngatiapa and have heard it denied. Some of Ngatiraukawa may have proposed a survey at Te Takapu but it was known that no surveyor could have gone on the ground. I remember it was suggested by Parakaia. Ngatiapa would have sent the surveyors off. Ngatiapa might have resisted even if government had ordered a survey. They were well armed and supplied with ammunition and their position was thus improved but it was not arms which I had given them. I had not heard that Parakaia had surveyed Himatangi before I paid the money. I heard from the government that the surveyor (Parakaia’s) had been driven off and I was requested by government to present any surveyor going on the land. I heard that Ngatiraukawa had put in posts and that they were torn up by Ngatiapa. I don’t know whether I heard this before or after the payment of the money at Parwanui. Mr. Swainson would not have been allowed to complete his survey if I had not interfered on his behalf. (Survey on south of Rangitikei). I obtained the consent of Ngatiapa to allow the survey to proceed and they gave it saying that if I had not requested it they would not have permitted it. I afterwards saw a letter of the Resident Magistrate Edwards reporting the peaceful completion of Parakaia’s survey. The north Rangitikei block from Rangitikei to Turakina is I believe from 80,000 to 100,000 acres in extent.

At the meeting at Parewanui, Hunia said if the purchase was not completed he would fight and drive the Ngatiraukawa from the land. After that I gave Hunia and Tipae £15,000 for the claim of Ngatiapa and those claiming with them. 1st the ring and then the money.

By court.

Witness put in an analysis of names of Ngatiraukawa made up to the present time showing numbers who have signed. I cannot speak of the accuracy of this analysis.

(Analysis received)

Court adjourned at 1 pm to 3 pm.

Court resumed at 3 pm.

Walter Laury Buller deposed.

I recognize the document in my hand (analysis of Ngatiruakawa names), residents, sellers and non sellers. This was prepared by me, with assistance of Horomona Toremi, Tapa Te Whata, Wi Pukepuku and Ihakara Tokomaru. The 329 sellers include women and children. Ihakara and his people are included. They live at Tawhirihoe. Ihakara and party have been living there permanently resident at Tawhirhoe. I can’t say from meory how many they are. They were living generally at Te Awahou on this side of Manawatu before the dispute. I suppose they are about 30 in number. I got the number of Parakaia’s party from the list of claimants before the court. I have never seen more than about 15 persons men and women at the Ngati Rakau settlement at Papakiri.

I could not swear that there are not 52 persons resident. The 4 chiefs named by me counted the 49 residents who have not signed. I know Kooro Te One. Nearly the whole of the residents who have signed did so before Parewanui. Those who have signed since are nearly all non resident.

(Mr. Williams objected to court receiving in evidence the leases put in by Mr. Fox)

By court.

My information was from sellers. Did not seek information from non sellers in preparation of list. The 126 include men, women and children taken from the deed. The 49 include men and women and not children.

Charles Reed – Sworn.

I am a licensed surveyor in the service of provincial government, till 6 weeks ago. I have surveyed the actual cultivations pointed out to me on the Himatangi block as actually cultivated and as having been cultivated with 30 years. The actual cultivation under crop does not exceed 20 acres. There is a portion fenced with only thistles on. The whole – about 91 acres was pointed out to me as old cultivations. I merely took their word for it. I saw no signs of cultivation except in one place. I saw a peach tree, flax and toetoe fully grown. There were from 8 to 10 habitable houses and several in ruins at Papakiri. There were none anywhere else between the line A to B and the river. The survey is only a rough sketch (tracing received).

By Mr. Williams.

I did not go over the whole block. Only the portion between the line A, B and the river. I have been over the block and never saw any other cultivation = cannot swear there were never any. There are patches of bush over the Himatangi block. There are also patches of grass in the swamp. I can not swear that, after, from 7 or 10 years, all traces of cultivations would be obliterated. I was over this block about a month since. I lost my house. I saw no sign of cultivation round the bushes. There are sheep over the block.

By Mr. Fox.

I asked the natives to show me all the cultivations and they showed me certain cultivations.

By court.

I think not more than 400 acres out of the whole block, between A, B and the river, is capable of cultivation. It is merely the river bank which is good land, 10 or 20 chains and in some places only 5 chains. Not a ¼ of the whole block outside of line could be cultivated without draining. The natives went up with me and some of the residents pointed out the cultivations. I do not speak Maori fluently. I had a Mr. Aldorf with me who understands Maori. I am satisfied that the Maori’s understood me when I requested them to point out the whole of cultivations.

Further hearing adjourned till tomorrow.

Court adjourned at 5 pm.

Court sat at 8 pm.

Present – 3 judges and Ropata Ngarongomate.

Tutangatakino No. 3 – Tiemi Rauapiri

Continued from pp 288 (from pp 639 in this book).

Nga Hora – (continued to speak truth) – (called by Tiemi Rauapiri)

Otaki. Ngatiraukawa. I know the land under investigation. Recognizes plan. I did not see survey. I have seen the surveyors’ marks. That land belonged to Marino. Marino was the father of Tiemi’s mother. He is living at Oroua. I own the land beyond this land claimed by Tiemi, on the side next to the road. I arranged the boundary with Tiemi. A portion of my land is included in his claim which hae has paid me for. He gave me a cow for it. I have been in occupation of my piece ever since before Haowhenua. Dr. Hewson’s fence, is a ‘taiep hou’. The ‘rohe tawhito is inside the doctors fence. The old boundary was a boundary between Marino’s piece and Apiahara’s piece. I never saw a cultivation of Karanama’s there. All I saw was Marino. Pekapeka (dead), Karurangi (dead). Marino gave this land to Tiemi’s mother – (Erena) Pekapeka’s piece was paid for by Erena. She paid a ‘Kohua’ for it to Pekapeka, I saw it. Pekapeka’s piece was on the east side of this claim. Erana’s house stood on the boundary between Pekapeka’s and Marino’s pieces. Paranapa had a piece also. It was between Marino’s and Apiahana’s. Paranapa sold his to the doctor. The land was given to Erana by Marino. A short time before Rauparaha’s death (1849) and she continued to occupy till her death. It had been long given to Erana when Karanama came back from Waikato. I have not seen Karanama’s ‘pou’s’ put in the other day. Marino and Tiemi’s father and mother came and lived on the land from Rangiuru before the rest of us removed from that place to come to the town.

Xd by Karanama.

I do not know of your having any land. Marino and Karurangi owned the land inside of the doctors’ fence and Paranapa the piece beyond.

It was ordered that a certificate of the title of Tiemi Rauapiri to a parcel of land at Otaki containing a3 – r3 – p13 and known as Tutangatakino No. 3 be made and issued to the governor.

Court to recommend no restrictions.

Fees to be paid by claimant.

Invest £1 Cert £1 C,Gt £1 Total £3

By counter claimant £1 – 0 – 0 pd T. H. S

Mariniawai – Hemi Kuti Te Kanawa

Hemi Kuti appeared.

Land surveyed by Mr. Hughes.

John Hughes – Sworn.

Plan produced – a6 – r0 – p30.

Evidence as usual about survey and plan. Boundaries pointed out by claimant. Employed by claimant. Boundaries as shown marked on ground. Rules of court observed. I am not aware of any dispute as to ownership. Survey was not interrupted. The portion marked as disputed was included in a survey made by me for Piripi Rangi ataahua who afterwards produced a survey of his claim by Mr. Swainson and the boundary shown in Mr. Swainson’s survey does not encroach on this claim. It is identical with the west boundary of this claim. I do not wish to apply to the court for charges.

Hemi Kuti – Sworn.

The land shown on the plan before the court is mine. It belongs to me only. This land was sold to me by Kerei Kingi Hori. He is dead. It is 10 years since I bought it. I have a receipt. It was bought by me and my ‘tuakana’ Tame Kuti. He is dead. He left a child, Ani, a girl. Tame did not make any disposal of his land before his death. We paid £5 for the land. Ani’s mother is living. I don’t know of any one who opposes my claim. As to piripi’s claim which encroaches on this plan, I saw Piripi yesterday at Manawatu and he told me that his claim had been disposed of in court and that the boundary was fixed according to Mr. Swainson’s boundary. Hema Te Ao knows that the land belonged to Kerei Kingi. I have never occupied or dealt with the land since I bought it.

Objectors challenged.

Hema Te Ao – Sworn.

I live at Ohau and Otaki. Ngatiraukawa. Recognise the land shown on the plan. It belongs ……………….. I don’t know the boundaries of the claim. I know that Kerei had land in that locality.

Further hearing adjourned till tomorrow.

(Continued at pp 671 in this book)

Court adjourned at 10 pm till tomorrow.

494-509

Saturday April 4th

Court sat at 10 am.

Present – same judges and assessors

Himatangi – continued

Peti Te Aweawe – recalled

Xed by Mr. Williams

I am a chief of Rangitane and have a great ‘mana’ over my tribe.

I and Ngatiapa and half of Ngatiraukawa and Whanganui and Ngatitoa and some of Ngatiawa sold Rangitikei Manawatu to the government. I had ‘mana’ over that land when I sold it. Ngatitoa’s ‘mana’ was ‘kuatakoto te pa ii a ia ki reira’. Ngatiawa were the friends who came with Rauparaha. When Ngatiawa saw the ‘tika’ on our sale they came and assented.

Rangitane, Ngatiapa and part of Muaupoko were the owners of that land. These are the people who are the original owners from time of ancestors. Another tribe, the Ngatiraukawa, some of them ‘i whakauru’ with me in the sale. They uru’d because they lived among us. After Haowhenua they came to live there. They were ‘whati atu i konei i Otaki’, that was after Haowhenua. Don’t know in what year. It was long before the Kuititanga that was the first time I saw Ngatiraukawa after Haowhenua. I located only Te Whetu and Te Whata. I called them because we fought together against Ngatiawa at Haowhenua. Ngatiraukawa saw the chiefs of Rangitane were ‘ora’, they made friends. Rangitane chiefs were living in their own ‘mana’. Te Whetu and Te Whata had ‘mana’ over the land pointed out to them by my ‘matua’ (Tiweta and Te Aweawe) but not all Ngatiraukawa.

My people were ‘patu’ by Ngatitoa and mokai tua’d. Rauparaha sought to exterminate us. When Ngatiraukawa came, they found ‘pa’s of Rangihaeata. We were living quietly on our land. We were ‘patu’d’ by Te Whetu and Te Whata. Some were killed and some were spared. Hinetiti, a woman, was taken by Te Whetu and made his wife – also one by Te Whata. Hiha and Rota were the “mokai tane” of Rangitane. Takahu was a ‘mokai’ and Hekomai – am not quite sure about, Tawhanga and Nopenga. These were ‘mokai’ (others named who witness did not know of).

Paora and Te Whetu were never my masters. There were no chiefs killed or taken. They were all ‘tutua’s who were taken. These ‘tutua’ were surprised in a time of peace. It was a murder of Ngatiraukawa. The chiefs were there. My ‘kainga’ was in the bush. The chiefs were in their own kainga. Perepero was one of those killed. He is a man – a’kai puha kai hinu’ – was not a chief. I did not know of Te Whatanui’s relationship to Rauparaha. I only know that after running away from the ‘patu’ he came down here. I did go to Kapiti to attack Rauparaha. We were defeated at Wairoua. Te Rangi Mairehau of Ngatiapa, if we had fought it to the end.

Te Whetu’s ‘mana’ was over the lands I pointed out to him. Te Whata’s over the pieces, pointed out to him – not to all. The ‘mana’ of Ngatiraukawa was here at Otaki. These chiefs I name only had ‘mana’ over my territory. Rangitane and Ngati Te Upokoiri and Muaupoko and Ngatiapa were murdered by Ngatiawa at Waimea. 300 men were killed, 200 women and children. Heard of this from my father. I heard that it was Te Puru and Hihi, chiefs of Ngatiawa, who designed this. Heard that Whatanui and Ngatiraukawa chiefs tried to prevent Mahuri from going, lest they should be murdered.

My father and Tiweta came to seek revenge for the murder. He had an affair at Paetawa, inland of Waimea – Huriwhakaroto, a Ngatiawa woman of rank, was surprised by a ‘taua’ and killed. ‘Taua’ went along the foot of the hills. It was a ‘patukoraha’:- ‘taua’ returned. We were not saved by Ngatiraukawa but by my own ‘kaha’ and ‘mana’.

Know of Ngatiraukawa living at Himatangi. I don’t know anything about Ngatiraukawa living at Himatangi. There is no one at Himatangi but the residents are on the bank of the Manawatu. Matene cultivated there up to the time of the coming of Mr. Williams. Matene went from there. He was obtaining food from there – catching eels birds and fern root. His cultivations and houses were there. He went there to your father at Rangitikei at the request of Te Hakeke. He left off cultivating at Himatangi at that time but continued getting eels etc from there. I was living at Puketotara. I can’t tell how many Ngatiraukawa were there. I did not see Ngati Te Au and Ngatituranga at Himatangi at the time of sale of North Rangitikei. I only heard that Ihakara and Manukau a relation of his went and planted in Matene’s cultivation ‘ka noho tautohetohe’. They cultivated together and took eels together. Both planted and both took up the crop. I heard this; I was a boy, I don’t know when this was. It was after Haowhenua between Haowhenua and Te Kuititanga. I know only of the going of Ihakara to Matene’s plantation.

Mahuri and Tiweta gave the whole country to Te Upokoiri and that is the reason of their living at Te Rewarewa. Did not hear

That Ngatiraukawa invited them. At the sale of North Rangitikei, Rangitane had something to say. Hoani Meihana sai ‘kia tatu nga waewae o te atua ka tahuri ai kit e hook I to koutou whenua’. He said this to Hori Kingi Te Hauea. This was a ‘kupu pupuri’.

Ngatiapa sold their land themselves.

I heard that Ngatiraukawa had something to say. I was not there and can’t say what they said.

He Hirawanu sold Te Ahu o Turanga. I fixed the boundaries. At the first, I and my tribe were not willing to sell that – did not oppose of sale by Hirawanu. When Ngatiraukawa saw that I had assented they came also. The assent of Ngatiraukawa was not required because they had any right in the land – for the ‘mana’ was with Rangitane and Hirawanu. Ngatiraukawa had no right. The man who had a right was Tapa Te Whata – he is Ngatikauhata. Te Whetu and Paora are Ngati Te Ihiihi – their interest was merely at the boundary.

Taonui was the place given by me to Te Whetu (on Oroua river). Paora gave back this to me.

Mangawharara was not returned to me. It was always mine.

Te Reihana of Ngati Te Ihiihi was angry about this and wanted to take the boundary to Tinitai but I did not agree.

Te Puiti was living there and died and Te Kohu was there. His brother was married to a Rangitane woman – Te Pohipi. He is living there. He is a ‘hao hao’. Mauako is there. He is my ‘taokete’. Te Whetu, Turanga – these last are my ‘mokai’s ‘kawe kawe wai moku’. All are Ngatiraukawa’s.

The governor did say “ ---- ---- ---- ----“. The reason was because Hirawanu wanted to take the boundary to Tawhitikuri and to include all the lands at Otaki and Waikanae in his sale. Hirawanu was a great many years over the business because he was waiting for our own consent, also for the consent of Ngatiraukawa to the boundary at Tawhitikuri. Hirawanu wished to sell the whole because it was his land formerly. Hirawanu came here and asked Nepia and the chiefs to let him have all his land back. Rauparaha did not consent to give this back. I don’t know in what year the boundary at Oroua was agreed to. I did not ask for Te Oroua to be the boundary of my land. Hirawanu wished it but I did not consent.

Karaitiana did propose that the boundary should be at Oroua.

I fixed the line where it is to retain the land for myself – between the Queen’s line and the Oroua.

It was not arranged that the line should be aboundary between us and Ngatiraukawa. I and Rangitane sold the land to government. Ngatiraukawa chiefs signed the deed and it was Hoani who ‘kukume’ the Ngatiraukawa to sign. I did not ask Ngatikauhata in 1864 to give me more land on the west side of Oroua. I asked them to agree to a partition. They replied ‘taehoa e wahi to tatou whenua’.

Between Oroua and Rangitikei, there were cultivations of my father and sister at Poupowhata which Te Hirawanu was negotiating the sale of Te Ahu o Turanga. They were being cultivated.

After sale, I left these cultivations. I did not give them up but ceased cultivating.

The lands of Te Upokoiri were ‘pau’ in the ‘hoko’ of Te Ahu o Turanga. They had given back the land to us. Some of the Ngati Upokoiri land is in the Rangitikei Manawatu block because the gift of Mahuri and Tiweta included that land.

Ngati Te Upokoiri lived at Te Rewarewa on this side and at Moutoa on the other side of Manawatu. I don’t know of Ngatiraukawa taking my land. Ngatiraukawa was saved by me. They were ‘mate’ at Haowhenua and came to my land to live. They went there from fear of Ngatiawa. I heard what Burr said yesterday about Ngatiraukawa coming here through fear of Ngati Upokoiri and other tribes. Ngati Maniapoto under Taonui, Ngapuhi under Te Heuheu, Whanganui under Pehi, Ngatiapa under Te Hakeke, Ngati Upokoiri under Rawiri Whataroa and Te Wanikau, Rangitane under Tiweta and Te Aweawe, Muaupoko under Taueki came to support Te Whatanui against the weapons of Ngatiawa of Te Wharepouri and Te Rangitake, Ngatiraukawa were taken under my protection.

I refer to Haowhenua.

By Mr. Fox

Rangitane received all the purchase money for Te Ahu o Turanga from Dr Featherstone. I gave some of the money to Ngatiraukawa out of my good will.

Parakaia asked me to give him £3000. I did not give him any money.

I gave Taraotea a small sum £20 ‘he mea whakahonore ki taku iwi’.

By the court

Don’t know whether Ngati Upokoiri came with Ngatiraukawa from Heretaunga but they came alone to us. They came from Te Rotoatara. I don’t know when Ngatiraukawa came. They probably came by way, at the time of the Ngatiraukawa murders, can’t say whether Ngati Upokoiri had come or not.

It was Reupena Te One of Ngatikauhata who said ‘Taehoa e wahi to tatou whenua” He said also, “kia takoto te rohe o te taha ki Rangitikei. This was a boundary proposed to be made between Ngatikauhata and Rangitane one one side and Ngatiapa and Parewahawaha on the other.

It was proposed by Ngatikauhata (that boundary) Ngatiapa would not have it, but came and burnt the posts.

(Letter from Parakaia and others June 2nd read to witness). I never saw that letter or heard its contents.

Court adjourned at 1 pm for an hour.

Court resumed at 2 pm.

Pirimona Te Urukahika – sworn

Heretaunga. Ngati Te Upokoiri.

Can remember the ‘pahoro’ at Te Roto a tara and the ‘whatinga’ of Ngati Upokoiri and Ngatiraukawa.

Ngatiraukawa came here. Ngati Upokoiri came to Manawatu. They came separately. There was a ‘heke’ and some came afterwards. I led one party – came to Manawatu to Rangitane. A woman (chief) of Rangitane (Hineipaia) was wife of Hori Te Kaharoa, a ‘teina’ of Te Wanikau, came first to Te Ruahine.

Chief of Rangitane came to us. Tiweta and Mahuri – they said “Haere mai, e noho ki tenei kainga” pointed out from Te Ahu o Turanga to the north of Manawatu – both sides of the river. Himatangi was included. It was to be our land. We were to cultivate and occupy it. Came to Te Iritau, below Te Ruahine. We staid there and built a ‘pa’. Then came to Puketotara. ‘Katahi au ki Himatangi’.

The cultivations were Matene of Ngatiapa, Pakura Rangitane – we eat the food.

There were no Ngatiraukawa at Himatangi. Did not see Ngatiraukawa at that time. They were all at Otaki then.

I know of Taraotea. They came to Opiki. That is on the other side of Manawatu. This was after Haowhenua. They lived there and lived above and below. Cultivated on both sides of river. Don’t know of any place called Opiki on this side.

While we were living at Manawatu, we caught eels at Himatangi. We cultivated at Moutoa and Te Rewarewa and Kuri Kautete on the bank of river – on this side, not near Himatangi. During all that time, caught eels and dug fern root and I made my road from Moutoa to Puketotara right across Himatangi.

I remember Renata coming to take us away. We went with him. He came twice. We went the 2nd time. Karaitiana came that time.

We returned to Heretaunga. When we left, we returned the land given to us by Rangitane. There was a ‘runanga’ about it at Moutoa at the time of the coming of Karaitiana and Renata. Ngatiraukawa had been many years at Papa Kiri. They had houses there, were living also at Opiki. Their carved ‘pa’ was at Whakatero on this side of Manawatu.

When we came to the district the land from Te Ahu o Turanga – Rangitane alone gave it to us. We returned it to Rangitane and Ngatiapa. We returned Matene’s place to him, Omarupapako to Ngatiapa, Himatangi to Rangitane. Never saw Ngatiraukawa cultivating at Himatangi.

Know the part put in at Whitirea. It was put in by Ngatiraukawa. I heard of it. I don’t know what the dispute was. We Rangitane and Ngati Upokoiri had no dispute about it.

The first heke was 170 including woman and children and 50 in the second.

I did not know such a place as Papa Kiri before we went away. Te Ahi mate is the same place as Kuri Kautete. Ngatiraukawa houses were there first. The Ahi mate I know is on this side. They were not permanent. It was after I left that place was occupied by Ngatiraukawa and that name given.

I joined in sale of Rangitikei Manawatu block. I myself received £1000 from Hunia for Whakaari. It was not for the lands given to us by Rangitane. Whakaari is the place where Archdeacon Hadfield wished to get land for the church. I heard of an affair in Rangitikei in which Te Whatanui’s nephew, Nga Paki’s brother was killed. It was called Taparoto.

Te Tata and Huhi were killed there of Ngatiraukawa. Killed by me, Ngati Upokoiri, I was there. The lands were given back by us to Te Aweawe. Te Hirawanu, Tiweta and Aperahama Te Hanea, Matene Mohi of Ngatiapa were there at the meeting. Know of a ‘pou’ put in by Matene at Moutoa. It was a boundary, it was a boundary for Te Whatanui sale to New Zealand Company. Te Hanea’s ‘pou’ was at Omarupapako. It was to join on to Matene Te Hakeke’s post was at Kai iwi.

Xed by Mr. Williams

Ngatiraukawa were at Ahimate first. When I went to Moutoa I drove them away. Ahimate is on this side. We were defeated at Te Awarua I got the first battle. The men named by me were killed. 12 of us were killed, we fled to the bush. Ngatiraukawa went to Maungatautari.

I know about ‘Kuititanga’. Te Awarua was long before the Kuititanga. When I was little, after we came from ----, Te Ruahine is above, Te Kuri Paoki below Raukawa. It is in the land sold by Te Hirawanu.

Ngatiraukawa asked us to come to the Roto Kopiro (Rewarewa) on the occasion of the defeat of Ngati Mautuahi – Hirawanu’s tribe – he escaped and we were invited to come lower down the river that they might be near us ‘mo te whawhai ki a Ngati Kahungunu’ lest we should be ‘mate’ with Ngati Kahungunu.

By court

I meant to say Manawatu instead of Papakiri when I spoke of the Ngatiraukawa having been many years there at the time of the coming of Karaitiana and Renata. The Ngati Upokoiri whaeari at Otaki came with Ngatiraukawa via Taupo. The Ngati Upokoiri are connected with Ngatiapa and had claims to Whakaari which was the cause of our having part of the purchase money for Rangitikei Manawatu block.

Herewini Tawera – sworn

Ngati Te Upokoiri. Napier.

Remember ‘pa horo’ at Rotoatara. Came to Manawatu with Piriniona. When we came, Tiweta and Mahuri came to us and said to us, “Enoho i konei!”. Gave us land to cultivate. Pointed out all Manawatu from Te Ahu o Turanga to the sea.

I lived at Te Ruahine. After that at Tiaritau and then at Puketotara – staid at Puketotara. I planted potatoes at Manawatu, on this side, and at Puketotara – dug fern root at Himatangi – birds and eels there also. Sand hill covered with Manuka. Cultivations were Rangitane, Ngatiapa. We had the food, we were ‘heke. We were here 3 years before Haowhenua.

Ngatiraukawa were not there before Haowhenua. They went there after the Haowhenua fight. They came to Opiki.

Remember the coming of Karaitiana and Renata to fetch us. We went and before going, we returned land to Rangitane and Ngatiapa and Te Hirawanu. There was a ‘runanga’ at Moutoa. I was there. We said ‘Na, to whenua!”. Himatangi was included. Did not know of Papakiri before we returned to Heretaunga. Never before heard of such a place.

The Ngatiraukawa had cultivated at Opiki on this side of the river. They may have had small cultivations. I don’t know where they got eels nor do they know where I got eels. Got eels at many ‘roto’s in Himatangi. Never saw Ngatiraukawa cultivating at Himatangi.

The ‘mana’ of the land given to us was Rangitane with Mahuri and Tiweta from ancestors. Never knew of Ngatiraukawa coming to drive Ngatiapa or Rangitane away. Those who had been taken were ‘mokai’s but those who remained free in their own place were not slaves. There was no ‘Parekura na Ngatiraukawa in consequence of which Rangitane could be called ‘mokai’s of Ngatiraukawa. I never heard of the Ngatiraukawa making the assumption, after Haowhenua, of having the ‘mana’ over Rangitane. ‘Kahore au i rongo i te kupu pera’. We went to Moutoa afterwards. I know the ‘pou’ at Whitirea, it was put up after the land had been given back to Rangitane. I didn’t know what the ‘pou’ was for. ‘No tetahi whakatete a ratou’.

Know Matiu’s (of Ngati Upokoiri) ‘pou’ at Moutoa. Hunia’s of Ngatiapa at Omarupapako, Hakeke’s at Kai iwi.

By Mr. Williams

The post was the ‘mana’. Matiu at Moutoa and the others were ‘tangata’, not ‘rakau’. According to my view those ‘pou’ would have stood if they had been ‘pou rakau’.

No boundaries were named in the gift of Manawatu. It was both sides of Manawatu, both sides down to the mouth. It did not go to Rangitikei. It was the river and both banks.

At Moutoa, handed over land to Rangitane and Ngatiapa. Te Awahou belongs now to Ngatiraukawa. Rangitane gave the land to us but the Haowhenua, Ngatiraukawa went to Horowhenua. Did not drive away Ngatiraukawa from Awahou.

I disputed with Taraotea about land up the Manawatu land. My land was being taken by Taraotea. It did not ‘riro i aia, i riro ano i a au’.

When we returned to Heretaunga, Taraotea was not at Himatangi. As far as I know, he is there now. I did not hear that the Ngatiraukawa ‘atawhai’ Rangitane, not by Whatanui.

I am a chief. My father, Te Tawera and myself were ‘kai mahi’ of Te Whatanui. My sister was a ‘mokai’ of Whatanui’s. She was taken at Awarua. I was the ‘kai atawhai’ of Rangitane formerly. I never ‘patu’d them. I killed a woman of Hamua, Wairarapa. Whakarongo taiaia.

I did not say to Rangitane, “You have been left ‘hei kai mahi’ by your chiefs”. I did not wish to ‘patu’ Rangitane.

The Ngatiraukawa did not thank Te Upokoiri if they should ‘patu’ Rangitane.

By court

The dispute with taraotea took place when we were at Te Rewarewa – about on the other side of the river. The end of the dispute was that I kept the land. They wished to take Kuri Kautete, but ‘i riro tonu i a au’. He tried to take Pakingahau Waitaiepa, on this side, below Opiki. I got that too, he was then living at Opiki.

It was the year of the payment of the 3rd instalment for Rangitikei that Ngati Te Upokoiri went to Heretaunga.

Court adjourned at 4 pm till Monday.

473-494

Friday April 3rd

Court sat at 10 am.

Present – same Judges (3) and assessors

Himatangi – continued

Amos Burr – sworn

I am a settler. Live at Manawatu for many years. I was in service of New Zealand company and was sent there on business connected with Land purchase in 1841. I was in charge of stores and assistant interpreter with exception of 2 years have resided on the Manawatu to the present time. Have been in frequent intercourse with natives. Was called as a witness by Mr. Spain in his courts (referring to extact of Mr. Spain’s report 1844 imperial parl papers 8 april 1846.

Imp. Parl. Paper 8 Ap. 1846

1844 – “Burr, whom I subsequently examined and found to be very conversant with the manners and customs of the natives, speaking their language with much fluency and possessing considerable influence among those resident on the Manawatu”.

The evidence of Amos Burr is very important in this case”.

These extracts refer to me.

The Ngatiapa were in possession of the Rangitikei Manawatu block on this side of Rangitikei. Nepia told me that their boundary came to Omarupapako 3 miles from Manawatu. Ngatiapa in possession of Rangitikei river – lower Manawatu in possession of Ngatiraukawa. Parewahawaha – Nepia’s people.

Wharanga, only fishing station, not a residence. Ngatiraukawa at Otaki. The Ngatiapa claimed and were in possession of country between Rangitikei and Manawatu especially at fishing places on the coast. It would not be time if any person were to say that Ngatiapa had no ‘mana’. It would not be true. Nepia distinctly told me that Ngatiapa were the original owners of the land and I always found what he said was true.

I should say it was not true that Ngatiapa were living in subjection to Ngatiraukawa.

I asked for a guide from here to take me to Whanganui. Ngatiraukawa said they were afraid of Ngatiapa and I had to go to Nepia about it. Ngatiapa were quite independent, equally with any other tribe on the coast. If any one were to say that Ngatiraukawa were in possession of all the country from Kukutanaki to Turakina, I whould say it was absurd.

I know Himatangi on Manawatu river. When I first went up there were no occupiers but there were old potato gardens there. I was up in 1845, but I speak more particularly of 1846. Knew the Ngati Upokoiri tribe. I heard them say that they were occupying jointly with Ngatiapa and Rangitane. Ngatirakau hapu of Ngatiraukawa occupied the river bank about a mile above Opiki. I understood from Taraotea that they had not been above Opiki but they went to Te Kirikiri to catch ‘upoko roro’ in the river.

I had instructions to make this enquiry for the N.Z. Coy.

I believe the Ngatirakau were not there before 1846. Ngati Te Upokoiri were a numerous and industrious tribe. They were the principal tribe occupying Manawatu. Ngatiraukawa did not occupy much until after the land had been sold to N.Z. Coy, when they made cultivation by permission.

I understood that Ngatiraukawa occupied Rangitikei by consent of owners, was told so by Nepia who lived on friendly terms with Hakeke. The natives gave me to understand that the reason why Ngatiapa retired northward and left the lands, we wished to purchase, was for religious objects to be near their missionary (Mr. Taylor). They were not driven away by Ngatiraukawa. I heard what I say from both parties.

I remember the meeting at Te Awahou on the occasion of sale of the Awahou block to Mr. McLean. Nepia Taratoa took a prominent part at that meeting. Nepia opposed the sale and finally consented only conditionally, that the rest of the land should be left to him and his people who were under his feet. He spoke to the principal chiefs of Ngatiraukawa. I and many others understood that he referred to Ngatiapa as his people ‘ana tangata’.

I remember the circumstance of Skipwith’s lease of Himatangi. Heard from natives and Mr. James Bell, who was Mr. Skipwith’s managing man.

Native’s account corresponded with Bell’s account. Understood from Bell that Rangitane insisted that the sheep should not go on that land. The sheep had to leave. Mr. Bell told me it was Rangitane’s opposition which made this necessary. Natives gave me the same account. I think it was one of the Ngatiraukawa lands connected with the sheep. I believe Skipwith had a lease but it was Bell who negotiated. He treated with Ngatirakau – many leases of land by Natives to Europeans in this district between this and Rangitikei.

I have been presentat more than half of them. I am convinced that the granting of a lease is not conclusive proof of the ownership of the parties letting. The leases have been done privately in order to avoid others interested knowing.

This is the character of all the leased here. Invariably, the rents were claimed and received by others than the lessors and the original lessors had to appeal to the generosity of the claimants to obtain a portion of the rent. I speak more particularly of the leases made between 1850 and 1860.

I know Archdeacon Hadfield. I believe he was at Waikanae about 1840 and 1841. I know that for several years between 1840 and 1850 he was in Wellington. Soon after, his house was removed to Otaki. He was taken ill and was absent in Wellington for several years. During the 5 years from 1841 to 1846, Archdeacon Hadfield was not at Manawatu more than once a year. I was in charge of the ferry store and a person on horseback could not cross except at the ferry.

After 1846, travelers could cross higher up at Te Awahou. After return from Wellington, Mr. Hadfield used to come about once in 6 months and after a time about once in 3 months.

Missionaries are not so likely to get correct information about the natives and their lands as myself who was actually employed to obtain such information. It was part of my official employment to obtain information of this kind. I got my information from chiefs and at public meetings of the natives.

Xed by Mr Williams

I saw Parewahawaha at Te Awahou in 1841. It was not then fixed residence. Ohau and Waikawa were their fixed places of residence. Nepia was, I think, living at Ohau. It was there I first saw him. He had a small potato ground at Rangitikei. I saw it and was in it 2 or 3 days. The whole cultivation did not exceed 8 acres. This was in December 1841, or early in 1842. I should say it had been cultivated 2 years, to the best of my recollection. Nepia said that he went there after the ‘kuititanga’. I was always given to understand that the ‘kuititanga’ was after the treaty of Waitangi. I was not present at the ‘kuititanga’ or at the treaty of Waitangi but I was at Waikanae soon after the ‘kuititanga’ and was always given to understand that the ‘kuititanga’ was about 7 months after the treaty.

I know more about these tribes than the missionaries. I will not swear to dates. I only state what I have heard. I received the information of the Treaty of Waitangi and of the ‘kuititanga’ from whalers at Kapiti. Was there soon after the latter occurred. I have had no positive information as to when the Treaty of Waitangi was signed and cannot speak positively as to shich was first. Have not heard Maori’s speak of treaty till the other day. Have heard them speak of ‘kuititanga’.

I believe I came to Kapiti in January 1840. Cannot swear to date. Did not live here constantly. Lived in Wellington six months before coming here. Arrived first at Kapiti. Can’t say positively how many months. From 9 to 15 months and then came up the west coast.

It was on my 2nd return from Whanganui to Wellington that I saw Nepia’s cultivation. I saw people at the cultivation of the Pare wahawaha tribe. There was not a good house but I should say there were from 10 to 15 families. Saw about that number of houses (or rather lean to’s or ‘wharau’s). I saw no ‘pa’ there. I saw a fence in potato garden which they called a ‘pa’ but it was not a ‘pa’. The houses were scattered about the potato grounds. The Maori’s used to live in that way for the first 2 or 3 years. After going to a new place and often, when established, they built better houses.

I did not hear anything about the treaty. I did not go over all Manawatu and Oroua in 1841. I went to several inland places, from 2 to 7 miles inland. I was on a journey direct to Whanganui on business. I can’t say where I came to the 1st day on my return.

Started from Wellington and returned to Wellington. I know more about the tribes at that period than a missionary who had been the same time in the country as I had. I knew that Ngatikauhata had occupied part of Oroua. There were very few of Ngatikauhata there. I did not see the ‘pa’ in 1841. I knew how many Ngatikauhata there were and I know that 2/3 were at Otaki.

The greater parts of Ngatiraukawa were then living at Otaki and had their cultivations here. I heard that Ngatiraukawa did not live at Rangitikei because they were afraid of Ngatiapa who had obtained guns. The Ngatiraukawa never were at Rangitikei. Heard that Ngatiraukawa came there and put themselves under protection of Rauparaha – had been quarreling with Ngati Upokoiri and Whatanui’s nephew, Paki’s brother had been killed by Upokoiri. Heard that some Ngatiraukawa were killed by Ngati Te Upokoiri in the Rangitikei river (upper Rangitikei). It was not Ngati Te Upokoiri who told me about this. I think it was Ngapaki, the brother of the man who was killed.

I heard that at Te Kuititanga, Whanganui, Rangitane and Ngati Upokoiri came here. I told the court that Nepia went to Rangitikei after the ‘Kuititanga’. I don’t mean to say that that was the first time they went there. I don’t know whether they had gone there long before. I have told the court that Nepia told me that Ngatiapa were the owners of Rangitikei formerly. Nepia told me why he occupied the bank of Manawatu on account of the ferry. Nepia told me that when Rangitikei Manawatu should be sold Ngatiraukawa would have no just right to payment because they had left him and Te Whata to protect whatever interest they might have. This was at the 1st Manawatu sale. Could not say the date. Nepia did not tell me that Ngatiraukawa had taken the land. I heard Nepia say at the sale of Awahou block, that Ngatiraukawa should not come beyond Omarupapako (extending arms).

Nepia said, “This for me and my tribe and ‘tangata’” meaning by “iwi”, “Parewahawaha”and by ‘tangata’ “the Ngatiapa”. Can’t say positively but believe, Ngatiapa were present and sitting at his feet. Can’t say how many Ngatiraukawa were there. All the principal chiefs were there. Many of the younger men were absent. There were not 500 Ngatiraukawa present to the best of my belief.

When Nepia extends his arms there were some other, besides Parewahawaha, with him. There were always some with him, whichever side he took beyond witnessing the deed. I did not understand that Nepia had excluded the Ngatiraukawa residents in the block but he referred more particularly to the Ngatiraukawa who were here. Nepia used those words I have spoken addressing Ngatiraukawa. I cannot say that Nepia eant to include all those who were at his back as ‘his people’ and ‘tangata’ he spoke in a proverb.

In the year 1841, I am not aware that anyone was living at Himatangi. I know nothing about occupation but heard from Ngati Upokoiri that the Rangitane were the owners of that land. I don’t know who was living at Himatangi at the time of Skipwith’s lease. I was not near that land at the time of the lease. I may have been there subsequently to that time but don’t know when. Never heard that Ngatiapa were (witness shown plan of Himatangi – (recognizes Omarupapako only – believe Himatangi to be the name of a claim on the Manawatu river) to the best of my knowledge. There were no natives living there for some years. After the ‘kuititanga’, I was living at Papa Ngaio for some time. On this side of Manawatu, near mouth, I lived there from 1840 to 1842 and remained there 4 or 5 years.

I do not recollect a man of the name of Te Pouepa living there at that time. Te Kuru was there, Te Raotea and Paratene and the principal men of that family, Ngatirakau. Don’t know whether they had cultivations. There were a few potatois growing wildly about there. Don’t know where their cultivations were at that time. I heard them speak of the cultivation and paddling in the canoes. I was not Te Raotea’s “hunaonga” at that time – went some time up and down. Went up river to cultivations.

On oath, don’t know where their cultivations were. Heard them say that the cultivations were on the south side of Manawatu and the houses on the north at Opiki on the Himatangi side. Can’t say the exact date when I began to keep the ferry at Manawatu. Commenced the ferry early in 1841 while I had charge of the goods for purchase of Manawatu block.

For the 1st year, I was the only person who put persons across, unless occasionally, when natives were there which was seldom.

I know Wharangi. I lived at Papa Ngaio. People crossed there in fine weather. Porokoru was the ferry man sometimes. Archdeacon Hadfield could not have crossed at Te Wharangi without my seeing him and I should be sure to hear of him. I told the ----.

By Mr. Fox

Have not the slightest doubt as to Nepia meaning at Te Awahou. He told me himself that evening. I was on intimate terms with him. I believe the meeting understood it in the same sense.

By court

Permission by New Zealand Company to Ngatiraukawa to cultivate – quite up to the gorge on both sides of the river. Treated with Te Whatanui, Matiu, Nepia and Ngatiraukawa in a body. It was from my representations that the treated with Ngatiraukawa for the sale of the land. The boundary was to go to Kaikokopu about a 3rd of the distance between the Manawatu river. Stopped.

The boundary of the N.Z. Coy’s purchase on the north bank was from Kaikokopu to a place not more than a mile above Moutoa. Other tribes were present and received part of the payment. While living at Kapiti, heard of ‘Te Kuititanga’ occurred recently, within a week, from the time of our coming. I feel sure it was in the 1st month of 1840 but could not swear. I should suppose the Ngatikauhata to be about 100 families. I generally saw over half the tribe. There were at that time 50 families living here.

When I first came up the coast, found Ngatiapa living at a strong ‘pa’ within a mile of the mouth of Rangitikei on this side, it was a palisaded ‘pa’. This was in 1841. Nepia’s place was 7 to 9 miles higher up, opposite Parewanui. They told me that they had houses on the coast, at the eel fishing places. I did not see any other permanent settlement of Ngatiapa. I heard and understood that they had a ‘pa’ at Puketotara near the confluence of Oroua and Manawatu. I was told that was a Ngatiapa ‘pa’. Don’t know of any other on this side of Rangitikei river.

Xed by Mr. Williams

I was told by Nepia that the ‘pa’ I refer to was Te Hakeke’s ‘pa’. I saw no Ngatiraukawa there but Nepia and the natives who accompanied me ‘ki mate’. I do not recollect being told that the Ngatikauhata were here from instructions.

Court adjourned at 1.30 pm for 1 hour.

Court resumed at 2.30 pm.

Peti Te Aweawe – sworn

Puketotara. Rangitane. Te Aweawe.

My father, was the chief Rangitane.

Remember Haowhenua.

Chiefs were Te Aweawe and Tiweta.

Ngati Upokoiri were living at Tioritau and Puketotara, then lived there with Rangitane. Don’t know if they cultivated at Himatangi. They were Matene’s cultivations and Ngati Upokoiri’s ‘hauhake’d. Mahuri had t’tohu tohu’d. This was after Haowhenua. Ngatirakau went to Opiki.

Remember ‘kuititanga’. Ngatirakau had not cultivated on the north side of Manawatu then.

Remember treaty of Waitangi. Had not cultivated. It was some time after that they cultivated on the bank of Manawatu. Saw house of Taraotea on north bank of Manawatu from 1857 and 1858. Recollect it from the sale of Awahou to McLean. This was the first time saw that they had a settlement there, at Papakiri. Rangitane have lived there ever since to the present day. Rangitane have been in the habit of catching eels and birds on Himatangi.

Names of ‘moana tuna’ – Herangi Te Kau Omorangi, Wawa, Tira moe, Te Rotoapa and many others. Te Maunu is a ‘papa aruhe’. My ‘tupuna’, ‘matua’ and all my tribe got fern root there. Raewera is on the bank of the river. That is an old ‘pa’ of my ancestors and a cultivation in latter days before and up to the time of going to Puketotara. It is near to Puketotara.

I have heard from my father, of the coming of Ngati Te Upokoiri – were friends, used the ‘roto tuna’s together. Mahuri and Tiweta placed them there. They said “Ngati Te Upokoiri, you must live here ‘hei tangata maku – here at Manawatu to the mouth of the river” – worked to Te Kopiri below Moutoa.

When Ngati Te Upokoiri went to Heretaunga, they said to Hirawanu, Te Aweawe and Tiweta, “Your land!” It was done at a ‘runanga’ at Moutoa.

The post was the boundary of the sale of Manawatu to J. Wakefield. It was at Moutoa. It was afterwards removed to make the line. Hori Kingi Te Hanea’s post – was Omarupapako. Hakeke’s post was Kai iwi. The land on the north side was for Rangitane, Ngatiapa and those of Ngatiraukawa who had a right to it. Ihakara and his ‘hapu’ – Tapa Te Whata and his ‘hapu’ Ngatikauhata – Tamihana Whakatupuahina and party, Ngatikauhata and party, Ngati Te Ihiihi.

Te Whata will tell who are associated with him at Rangitikei: - Horomona Toremi, Aperahema Huruhuru, Nepia and the tribe Parewahawaha. Those are all I know. Paora Pohotuaha and his ‘hapu’ of Ngati Te Ihiihi. Te Whata lived at Mangawhata near Oroua between that and Rangitikei. Whitirea is the place where Ihakara’s ‘matua’, Te Kowhete, was buried. Poutu on the bank of Rangitikei is Nepia and Horomona’s – Pohotuaha at Puketotara. Tamihana at Puketotara, he is a friend of my fathers and of Paora Pohotraha.

Heard that the ‘pou’ at Whitirea was put up by Te Wiremu. Don’t know the year. This was put up to settle disputes between Te Whata of Ngatikauhata, Te Whetu of Ngati Te Ihiihi on one side and Te Raotea, Ngatiapa and Rangitane had nothing to do with that post. Ngatiapa neither knew nor heard of it.

Heard of a ‘pou’ at Oteatatuhi. Ngatiapa heard of these ‘pou’. They came and pulled them up. Did not with Ngatiapa’s post to be stuck up on that land. The land belonged to Rangitane and Ngatiapa. Know nothing of the west boundary of Himatangi (as shown on sketch). Never heard of such a boundary. Did not know Himatangi as a square block.

Heard of Skipwith’s sheep at Himatangi. Aweawe was alive. When he heard, he told his tribe to drive them off and if the ‘pakeha’ would not listen, the sheep were to be killed, cooked and eaten. I and my ‘pakeha’ a Whanganui man, went to Skipwith’s shepherd. Think his name was James. I and my interpreter told him Aweawe’s word. James said “It is said that this land is Ngatiraukawa’s”.

Harete (blackman) said “Te Aweawe is the chief of this land: if you don’t listen your sheep will be killed and eaten by Rangitane”.

The pakeha listened and took the sheep away.

I heard of Nepia letting land to Robinson. He heard afterwards the lease was ‘ngaro’. When I heard, went to Mr. Robinson to ask for payment – came with 20 (15 with whips) asked Mr. Robinson for payment for the grass of my land.

Mr. Robinson said, “Wait for Nepia”.

I replied “If you don’t give it to me, I will drive all your cattle into my yard”.

After this, Nepia, Hunia, Matene Matuku, Aperahama Huruhuru and Hamuera (Ngatiapa) – Mr. Robinson told them what I had said (Kawana Hunia and Nepia told me of this afterwards). They then came up to us at Taonui, above Puketotara. Spoke to Te Aweawe and proposed to them to give up “let the wave of the sea come up to Oroua and Manawatu” meaning let all the land be leased.

They came because they were afraid I should drive the cattle away with my whip. When it was assented to that we and Ngatiapa and those of Ngatiraukawa should be parties to the lease. It was agreed that the land should be leased. Hoani Meihana was the man selected by us to represent our tribe. I don’t know any thing about dividing boundaries.

The lease was Omarupapako to the sea and included Himatangi. Mr. Robinson leased the whole. The Maori’s were Ngatiapa Matene te Matuku, Tamihana Te Kahu Rangitane Hoani, Ngatiraukawa, Nepia and others. Parakaia also, Te Kuri and others. This was in 1861. I received a portion of the rent 2 years when Mr. Fox and Dr. Featherstone came up about our dispute about Rangitikei they shut up our rents and they are still ‘tutaki’.

Remember the lease of Kaikoko to Mr. Cook. Kerei, myself and others of Rangitane were parties to that lease. I remember disputes about rent. The cause was Taikoria which was leased by Ngatiapa and Rangitane to Mr. Alexander. I and Kerei and Ratima went to Whanganui and Ratima of Ngatiapa took the money for Kerei and myself. Te Hirawanu and we the people who had been sold were dark – returned and called a meeting at Puketotara.

Ngatiraukawa went to it. I wished Ngatiraukawa to go with us to fight the Ngatiapa. Those who supported, some of Ngatiraukawa agreed to go and some ‘tiaki te Hoha’, Rangiatea. The ‘hapu’ who joined me were Ngatiwhakatere chiefs – Hori and Te Kerei also Ngatirakau chief Te Utahi, Mirai Taraotea and Ihaka Te rangi Kaiwhina, Kauhata chief Tapa Te Whata, Ngati Te Ihiihi, chief Te Hatete and other chiefs, Te Patu Kohuru, chief Ihakara Parewahawaha, chief Aperahama, Ngati Maniapoto chief Wi Pukapuka, Ngati Pikiahu, chief Paranihi Te Tau and Noa Te Rawhihi. These joined me and went. First ‘pa’ was Opopoho. Second Tawhirihoe. Third Mangomahoe. These were the ‘pa’s erected that year for that ‘pakanga’.

Mr. Fox heard that we were going to fight with Ngatiapa and he came to try and prevent it and Tamihana Te Rauparaha also, came and spoke to the same effect as Mr. Fox. The bad thought of the ‘taua’ were ‘pehi’ and we thought of Mr. Fox’s words.

Then Hoani Hipango of Whanganui came and deprecated fighting. Then Dr. Featherstone came and urged us not to waste mess in fighting but think over it and dwell in peace. We heard. I told cause of the quarrel and thought he was right. I and all my people returned to Manawatu on Dr. Featherstones word. Ihakara and Patu Kohuru remained at Tawhirihoe.

After this we heard that Ihakara , Wi Pukapuka, Aperahama Huruhuru and Tapa had sold Rangitikei to Dr. Featherstone. Hori Kerei Te Waharoa (chief of Ngatiraukawa) also Horomona Toremi Te Rei, Te Paehua and Hoani Meihana of Rangitane.

The other hapu’s living up Manawatu heard. After, I consented to the sale and all the names of the Rangitane tribe were signed to the deed.

Further hearing adjourned till tomorrow.

Court adjourned at 5 pm till 8 pm.

Court resumed at 8 pm.

Present – same judges and assessors

Tauaroa No. 1 – Tame Hauea

Continued from pp 165 (from pp 408, this book).

Tamehauea – sworn

I claim the land shown in the map. Boundaries described. I claim the land because it was occupied by my parents.

I have cultivated this land since a boy to the present time. Part of it is fenced. I have grown food on part of this land last year. The land is mine alone.

Manaia te Hoia, Ngapuke and others were the owners. They gave it to me when young. They gave to me because I was a child of their sister, Parewahawaha.

Ngapuke and Manahi is here. Tamehana is the only disputant that I am aware of to a part of my claim. The land on the north belongs to Kiriona. On the south to my ‘tuakana’ Te Rau. They have seen the boundaries.

Tamehana Te Rauparaha – appeared as an objector – sworn

I know the land described in the map. They did not give me notice of the survey. I saw the survey marks on the point marked A on the map.

My father cultivated on this piece - Rauparaha . It was cultivated by my fathers slaves Rangitane. The boundary is Tauaroa Stream. It was ours before Haowhenua. In 1843, my father cultivated there. I and my wife went to college in Auckland. On our return, he was at Porirua, taken, his slaves of Rangitane were cultivating, also of Ngatiapa. We cultivated there until we came to the town. In 1850, I went to England. Came back and ploughed the land. When I went to Tokangangutu, I left off cultivating it.

I ploughed the part in dispute. Parakaia and Matene saw me cultivating.

Xed by Tame

I did not see your boundaries. I did not remove the pegs because it was near the time of the court. I never saw your father working on this land.

Parakaia Te Pouepa – sworn

I know the ground. The stream is a boundary. The land on one side is Tamehawea’s on the other side it is Ihakara’s. I saw Tamehana working on it since he came from England. The land does not belong to Rauparaha, it belongs to Taipokurua.

Xed by Tamehawea

I did not see Ngatihuia natives cultivating on the land in question.

Matene Te Whiwhi – sworn

Map of land shown to him.

I know the Ngatihuia boundary. It is the stream.

In 1830, we first cultivated. I am not clear about this place, it is a swamp. I saw Rauparaha’s people planting. I believe Ngatihuia cultivated before. I saw Potau cultivating on the land in dispute 2 years. There were Rauparaha’s men. This was after Mr. Hadfield came. I did not see Tamehana ploughing.

Xed by Tamehana

I did not see you ploughing there. Tamehawea – Manahi.

Manahi Rangihuia – sworn

I am of Ngatihuia. I know this land. I felled the bush formerly. The stream is the boundary. The opposite side belongs to Ihakara.

I know ‘te Tauaroa’. It is a stream. It belongs to me. To us Ngatihuia. The opposite side belongs to Ihakara Tokonui.

No decision in this case at present given, until Ihakara is called by the court as a witness.

Further hearing adjourned till Monday April 6th at 8 pm.

Court adjourned at 11 pm till tomorrow. (Continued at pp 531 in this book).

Monday 23rd September 1901

Court opened

Present – A Mackay – judge

Confirmation

No. 76 – Huritini No. 3A – 92/220

Transfer Huriana Haerewharara to Patihona Takai and others.

No. 77 – Huritini No. 3A – 92/225

Transfer Patihona Takai and others to Hakaraia te Whena

No. 78 – 96/426

Transfer Hakaraia te Whena to Arthur Drake.

No. 79 – Deed of Confirmation – 1901/59

Patihona Takatemarama and Whata Hakaraia to Hakaraia te Whena.

Confirmation cases Nos. 76. 77. 78. 79 called on

Mr. Upham appeared for Mr. Drake

Explained that all the applications had been previously before the court Cpt No. 1901/59 and this was merely a formal matter for the purpose of giving effect to the direction of the court made in 1898 that Patihona Takaitemarama and Whata Hakaraia should execute a deed of confirmation in favour of Hakaraia te Whena to validate the previous transfer made when they were under age.

Patihona and Whata - present and examined as to their concurrence to withdraw all opposition to confirmation being completed.

Both of them stated that they consented to withdraw their opposition on the understanding that the balance of the purchase money was paid and five years rent.

The balance of purchase money payable was €41.5.0 and the five years rental £6.10.0 per annum would be £32.10.0.

Whata and Patihona consented that the payment of rent should terminate at the time the deed of confirmation was signed.

Confirmation to be granted subject to the payment of the balance of the purchase money and the five years rent.

Mr. Upham arranged to meet Whata and Patihona with Mr. Drake at Otaki on Wednesday.

Receipts for payments to be produced prior to confirmation being completed.

Validation court fees

Ordered that the following fees be paid by Thomas Ransfield in re, his application for a title in of eg, simple for.

Pukehou 5G – No. 1 – September 24 and 26

2 days hearing @ 20/. ea £2.0.0 Decree of court £1.0.0

3 copies of same @ 10/. ea 10/. £1.10.0 Old balance fee upon the value of the land £5.0.0

Total £9.10.0

Court adjourned till the 30th September 1901.

Palmerston North

Wednesday 4th September 1901

Court opened at 10.20 am

Present – the same

Mere Takes Personalty

Mr. Fraser informed the court that the personalty consisted of house and land in 105 Queen Street, Hastings about ¼ acre.

Land - £150 Interest @ 8% Plus Rates about £80 probably £200 to clear property.

Tangatake Xed – as to personalty of deceased

1 horse and buggy - £15 1 set trap harness - £4 3 cows - £14 2 cows and calf £1

1 waka (came from the Wairoa and exchanged for Otenes waka) 1 bed and bedstead

2 boxes 1 pounamu (ear ring) belonged to Te Meihana Takihi given for Meri Taki child for his child Hinetauaraia).

Meihana bequeathed the waka to Mere. Iritana and other persons mentioned in the will.

Otene and Iritana took away the following taonga – 5 horses, 1 harness, 1 double furrow plough

The committee decided that the taonga should be divided equally between Mere and Iritana but they could not agree. They afterwards divided the taonga as described.

Iritana Xed Tangataki

There is a cart I forgot about. The calves before were sold and 1 full sized beast. 2 calves sold and 1 beast in Mere’s time.

6 cows were taken to Pakowhai after Mere’s death.

2 and a calf belonged to Mere and 3 to sell. Mere had no pigs and no fowls. Had a house, it stands on my land at Te Karamu. Mere paid for the house. I know the pounamu called Kahutahi no te Meihana, don’t know that it belonged to your mother.

Meihana and his wife gave it to their mokopuna to Mere’s child Hinetauaraia. I don’t know who has charge of the pounamu. All that I know of was the gift to the mokopuna and Mere.

You said that you would not abide by the decision of the komiti.

According to the will was for both of you. I don’t know that your child was concerned in the matter.

I don’t know that the will was read out. Cost £70 about 10 years old.

Iritana Maimatao

All the taonga described by Tangatake no Mere ana taonga.

Buggy and the waka mentioned in Mere’s will. The pounamu belongs to our tipuna on our mother’s side. The child that was born at the time was before Mere. Para was the name, she is dead. It was taken after her death by Karaitiana Takamoana. A kokotangi uri ka mau tona ki aia a mate noa.

Afterwards Karaitiana’s wife gave it back to Te Meihana.

Meihana afterwards gave it to Mere. Our mother was dead. It was handed from one to other of us.

If we all died it would go to Wairarapa to Hariata Kerei or ehe to Te Manihera Rangitakaiwaho.

If Hinetauaraia had lived I would have consented that it should go to her, but at her death it would go to Mere. If Meihana Takihi had given it to another should have objected. The cause of our quarrel was because Tangatake took some of Meihana’s property. Collar, harness, chains, swingle trees was what he took after Meihana’s death. He took them to the Karamu.

Mere Taki was my wife according to maori custom the tikanga o nga tipuna.

Had another wife. I know that you are Waimatao and that you were a teina of Mere Taki.

Otene Meihana

Te waka belonged to Iritana matua he no Iritana.

I was at my place when I returned from Wairoa. I gave a cost £7. Ka riro I te tangata mona te waka. I sent for another waka and Meihana asked me to give it to him. The owner wanted a cart for it. I gave a cart for it and harness. Meihana kept that waka.

Both these waka were mine as I paid for them. There is no waka in the will nor buggy.

Tangatake Xed

You fetched the waka a mea tiki pokanoa.

I don’t know that Mere told you to take the waka but you took it away. The waka was at my place when you took it away. A number of persons saw you take the waka away. I called out not to take the waka.

No mina o te komiti. This cause was brought from O. to Karamu by T. after Meihana’ s death.

I did not go to Mere to fetch back the waka.

Case Closed.

Ordered that Hinetauaraia – f, about 11 years of age of Te Karamu be appointed to succeed to the personalty of Mere Taki deceased, and that A. L. D. Fraser Esquire of Hastings Native Agent and Tangatake Hapuku of Te Karamu be appointed trustees for Hinetauaraia during her minority.

Re application to grant Probate

Paora Ropiha left four children viz – Herani, Keita, Matene Te Otene

T. H. Spence – sworn and xed

I knew Paora Ropiha when alive. Received a letter to come and write his Will. I went to Waipawa the first I heard. I had been ill but was better when I arrived.

Memory perfectly clear. Paora dictated to me. Read it over twice to him or three times. May have been possibly 12 or so others.

Paora Ropiha

Hutana wrote his will. Did not die until sometime afterwards. All the family were present at the time but Te Otene and others fully aware of that. No questions raised about it.

This seemed that his entire claim would be.

Did not put anything in the will but what he told me.

H. had plenty of land through the mother.

Consented to withdraw application for Probate.

Asked that the court should appoint successors under section 48/94 in favour of persons named in the will –

Eparainga, Porangahau, Rakautetahi, Kaimotumotu, Taharaiti, Mangapuaka, Te Tapairu, Whangaehu, Mangaorapa (2)

Orders made for – Eparaima east, Mangareia, Tapairu, Mangapuaka No. 1, Taharaiti No. 2, Rakautatahi 1D & no. 2, Porangahau No. 1A , No. 3B, Mangaerapa No. 2, Eparaima west.

Fees paid £2.7.0 paid

Court adjourned.

Saturday 7th September 1901

Side MB No. 1 – folio 116 Re: Rawiri te Mataku – deceased Mr. Gibson – solicitor asked that the particulars recently obtained relative to the nearest of kin of Rawiri te Mataku. Hana te Awhitu and a native named Tuahinekore from Taranaki also present. Mr. Gibson produced a whakapapa containing the information referred to. Tuahinekore states that he is willing that Hana te Awhitu should be included in the order with himself for an equal interest in the deceased real estate. Court adjourned.

Monday 23rd September 1901

Court opened

Present – A Mackay – judge

Confirmation

No. 76 – Huritini No. 3A – 92/220

Transfer Huriana Haerewharara to Patihona Takai and others.

No. 77 – Huritini No. 3A – 92/225

Transfer Patihona Takai and others to Hakaraia te Whena

No. 78 – 96/426

Transfer Hakaraia te Whena to Arthur Drake.

No. 79 – Deed of Confirmation – 1901/59

Patihona Takatemarama and Whata Hakaraia to Hakaraia te Whena.

Confirmation cases Nos. 76. 77. 78. 79 called on

Mr. Upham appeared for Mr. Drake

Explained that all the applications had been previously before the court Cpt No. 1901/59 and this was merely a formal matter for the purpose of giving effect to the direction of the court made in 1898 that Patihona Takaitemarama and Whata Hakaraia should execute a deed of confirmation in favour of Hakaraia te Whena to validate the previous transfer made when they were under age.

Patihona and Whata - present and examined as to their concurrence to withdraw all opposition to confirmation being completed.

Both of them stated that they consented to withdraw their opposition on the understanding that the balance of the purchase money was paid and five years rent.

The balance of purchase money payable was €41.5.0 and the five years rental £6.10.0 per annum would be £32.10.0.

Whata and Patihona consented that the payment of rent should terminate at the time the deed of confirmation was signed.

Confirmation to be granted subject to the payment of the balance of the purchase money and the five years rent.

Mr. Upham arranged to meet Whata and Patihona with Mr. Drake at Otaki on Wednesday.

Receipts for payments to be produced prior to confirmation being completed.

Validation court fees

Ordered that the following fees be paid by Thomas Ransfield in re, his application for a title in of eg, simple for.

Pukehou 5G – No. 1 – September 24 and 26

2 days hearing @ 20/. ea £2.0.0 Decree of court £1.0.0

3 copies of same @ 10/. ea 10/. £1.10.0 Old balance fee upon the value of the land £5.0.0

Total £9.10.0

Court adjourned till the 30th September 1901.

Wellington

Friday 4th October 1901

Native Land Court opened and adjourned to the 7th instant.

Monday 7th October 1901

Native Land Court opened and adjourned.

All applications to Levin to the 8th instant.

163 - 169

Friday May 16th 1873

Place – the same Present – the same

Ngarara

Parata applied for the calling of this claim on Monday and further requested that some idea be given when the court would finally adjourn because the natives are generally anxious to hear and see more about the Waikato business and the serious nature of matters there and suggested that beyond the business already brought before it he thought it would not be advisable for the court to entertain anything new.

Moroati Kiharoa endorsed the views expressed by Wi Parata.

Karanama Whakaheke said – Wi Parata has expressed the views of the Ngati Raukawa. I object to the adjournment and wish the court to go on.

Karanama Te Kapukaiotu said – I endorsed the views of Wi Parata and joined in his application for the adjournment of the court at an early date on account of the raruraru at Waikato and Horowhenu as to Wi Parata’s application for Ngarara. It would be advisable to adjourn it with the others for which he had made applied at Foxton as the boundary is disputed by Rauparaha who is ill.

Wi Parata replied and Karanama withdrew his objection to the calling on of Ngarara on Monday next.

Court decided to call it on Monday.

Ihakara Pukumaru renews his application for the adjournment of the court.

Henare Herekau approves of the application of Wi Parata. The court has taken up a very long time --- 6 months in hearing all the Ngatiraukawa claims.

Hare Wirikake said – I have come from a very great distance because of the death of my parents Para—and Aperahama. I object to Wi Parata’s application. They have obtained orders for their pieces and the majority of those present have been waiting.

My applications were nearly being heard at Foxton and they were adjourned to this place because I understood they would be heard here. My mind is dark in consequence of this application for an adjournment. Matene and Rakapa are here and quite able to protect their interests.

Had this word come spontaneously from the court, I would have submitted but it comes from the people who have been heard.

Court decided that taking all the circumstances of the case into consideration that it would hear the Ohau and Muhunoa cases and then adjourn to a future day.

Pukehou – continued

Rota said – I object to a part of the line. I appear as against James Ransfield. Te Rei will join with me and my father Rawiri Wanu.

Rawiri paid fee of £1.0.0 as counter claimant.

Parawhanaki – sworn

I am a Ngati Raukawa and live at Otaki.

I claim the portion within the dotted line at Waimangu and Waitawa. I

I have a cultivation at Waitawa called Otarari. It is outside of the land for which I hold a certificate. This extends to the Takapu along the boundary of my crown grant. These are old cultivations and continue now. Nobody interfered with them.

We have no cultivations at Taikai.

My reason for not having this included in the grant for the adjoining line is that the bush commences here and when it was surveyed I was afraid of the cost – had no money to pay for it. We have had peacable occupation of this land since 1842 – ever since I remember.

I claim also at Waimangu swamp. The adjoining land is known as Pukerarauhe. I put in a list of persons. Some of whom are Ngati Kapu – as the owners of this land. This land.

Ransfield

Who laid down the boundary from Taikai to Takapu? 20 of us. Eru Tahitangata was present.

Why did you leave this out of the portion for which you hold a grant? Because of the ex---- of surveying the bush.

Why did you not include the cultivation which are so close to the line? Because it was necessary to cut the lines. The surveyor took an object across the lake. It was easier to survey.

Could you not have taken the line further up had you chosen? I chose to take it where the line is.

Are you not aware that this is fenced land of mine? I don’t know anything about that fence. I never heard that you had received money from the bishop.

Have you houses there? A wooden house is there occupied by Bishop Hadfield Shepherd for which I gave consent.

Fee of £1 returned to Rawiri and he was told that he had failed to make out any ground for the further hearing of his claim and dismissed it.

Hoani Taipua then addressed the court for the counter claimants

And

Hemi Ransfield addressed the court for the claimants

And

The court adjourned until 2 pm.

At 2 pm the court resumed

Kairanga

Peeti Te Aweawe made application for the certificate of title for this block and produced a tracing of the Reserve out of the Ahuaturanga Block.

The claim was partly heard at Foxton. I claim with others – list handed in and read – estimated area, 830 acres.

Objectors challenged – none appeared.

It is on the plan in the possession of Mr. Stewart. 100 acres is disputed and should be excepted – exception pointed out.

Fees charged

Hearing 1.0.0 Certificate 1.0.0 Total 2.0.0

Kairanga – 730 acres

Ordered that a certificate of the title under Section 17 Act 1867 of

Peeti Te Aweawe, Hoani Meihana, Rata Moea, Hemi Warena, Hanita Te Aweawe, Kararama Mahuri, Tutere Te Weta, Hanatia Rangahau, Wi Mahuri, Emiri Mahuri

Be made and issued to the parties when a proper survey thereof is furnished. Estate to best from today May 16th 1873 and that the names of the following persons be registered in the court under the 17th section of the Native Lands Act 1867 being the names of the persons found by the court to be interested in the said land.

Peeti Te Aweawe, Hoani Meihana, Rota Moea, Hemi Warena, Hanita Te Aweawe, Kararaina Mahuri, Tutere Te Weta, Hanatia Rangahau, Wi Mahuri, Emiri Mahuri, Ereni Te Aweawe, Rakiwhata Te Aweawe, Poitete Torina, Ema Te Aweawe, Harerakena Te Aweawe, Wereta Moea, Kerei Moea, Kerei Te Panau, Karanama Paehora, Horima Mutuahi, Matiu Rawea, Hekanaiaha Paeroa, Ihaka Te Rangimauriora, Takana Te Rangimauriora, Hemara Te Whetu, Ahenata Tamaru, Hanatia Te Whare, Heremaia Mahuri, Wikitoria Turanga, Rahira Waiata, Rauira Te Aweawe, Tamihana Te Aweawe, Hutana Kaihinu, Hori Pauroa, Huhana Matai, Hariata Tarahe and Meiha Keepa

Before John Rogan Esquire – Judge Hemi Tautari and Mitai Penetaru – Assessors

Ohau No.2

Hemi – applied for a certificate in the names of persons – a list of whom had been handed in and read.

Objectors challenged

Taratoa – said I object to my sister’s name being inserted instead of mine.

Hemi said – his sister is older than he.

Akapita Te Tewe Winara also objected.

Hera Hukiki said – I wish Hema to prove his claim in court as I do not admit him in my portion.

Court adjourned until 10 am tomorrow.

4 April 1873

Friday April 4th 1873

Foxton

Place - the same Present – the same

Horowhenua – Continued

Kohua Te Riunui – sworn

I am a Ngati Raukawa and live at Porotawhao. I know Ngamana and Ngatokonua.

That boundary was laid off in 1858. The Kanihakewa’s were Peeti Te Aweawe, Rawiri and Ngatuere. This was the first laying off.

The second laying off of this boundary – Peeti and several others were present and the Rangitane tribe. There were 200 of Raukawa.

At a later period, Muaupoko have interfered relative to this boundary. Ngati Raukawa surveyed first then Muaupoko surveyed and then the pole was burnt - a Ngamana.

At the first meeting Peeti was between Ngati Huia and Muaupoko. I have a paper relative to it – put in – and read. I wrote that at the time. That line was agreed upon between Ngati Huia and Muaupoko then. Muaupoko have not sold that piece of land since then, only NHuia have used it. The commencement of their occupation was in the ----- .

Tawhitikuri and Tauateruru line I know I saw the laying off of that boundary by Whatanui Taueki and other Muaupoko chiefs were present and offered no objection. The first time they attempted to chaos that hui was after Whatanui’s death. From Hokio to Waiwiri – excepting Kohuturoa. The Muaupoko have not occupied since that line was fixed. They were placed at Otaewa by Whatanui 2nd Tahuri . I have not been to see if they are there now. Raukawa have occupied this land since Whatanui.

Watene Te Waewae – sworn

I am a Ngati Parewahawaha and Ngati Raukawa and live at Horowhenua. I have lived there 26 years.

When I went there to live, Ngati Raukawa were in possession – Whatanui’s hapu. The Muaupoko were then living on the north of Tauateruru. No Muaupoko lived on the south of that line. I heard of that line being laid off. I only found Taueki and Whatanui in possession. I have lived there ever since. I do not about my being driven away by Whatanui. I went to Heretaunga of my own accord.

Muaupoko lived and cultivated on the north of the line from ----. On the south of that line they asked and got the consent of Whatanui to cultivate at Otaewa. That is the only place I know they had consent of. They do cultivate there at the present time. We have no how to prevent them there.

Between Hokio and Waiwiri there are no other Muaupoko cultivation than Otaewa. That is the only one I have seen or know about.

I went to Kohuturoa to cultivate because it is my permanent place of abode since the second Whatanui. I know Tamati Maunu. He is at Kohuturoa by gift of Whatanui - Nepia, Puruho and also Pomare. Pomare claims like me through Whatanui.

There are two pa tunas of Muaupoko which they brought from Whatanui for money. Pokahia is one, Tonganui is another. The pas given them, no right to the land. Had they any right to the land they would not have bought the pas.

Waiturri, Tahina, Teterangi and other places on the lake are not cultivated by Muaupoko. They have no cultivation there – that’s Whatanui’s.

I do not know of any cultivation of theirs at Weraroa. There is none there. It is stoney and cannot be cultivated. Ngati Raukawa have horses, cattle, sheep and pigs running on this land. They have not reached up inland. What are there have come from Otaki. Muaupoko have not driven our stock off. They only commenced at the time of Kupe when my houses were burnt. Kupe was built in 1870. We did not interfere with Kupe because of the governments. Our desire was to burn it. Yes we would have burnt it and fought about it. Mr. Clarke came to me and it was because of him that we did not have revenge for the burning of my houses.

I wanted the houses to be investigated. He said let the claim to the land be first decided. Nicholson had a lease of land at Waiwiri from Ngati Raukawa. In 1867, it commenced. The northern boundary of the lease did not come on this land. It went towards Ohau. We leased some of this land to H. McDonald. Whatanui and I leased it. It was from Tawhitikuri to Waiwiri. I brought McDonald from Otaki. Nobody disturbed him then.

From the time of Whatanui I to W. II they lived peaceably with Muaupoko. Any fights they had were obtained from Whatanui. They lived peaceably so until the time of Whatanui Tutaki.

After Whatanui died in 1869 then commenced the disturbance when Swainson began the survey of the land. Then began Kupe. The disturbance began with Kemp and Hunia at Whanganui. Muaupoko drove the sheep of Hector’s on to their own land from this. Hector leases a piece of land from Muaupoko.

There have been 2 lease makings here. The first one 1857 was no raruraru. The second was in 1871. This is the lease referred to as the one torn up. Ngati Raukawa have cultivations at Mahoenui. Old Whatanui had cultivations on one side Te Paea on the other. These are all I know about.

The land between the lakes and the sea was formerly cultivated but now it is not.

Xd by Mr. Cash

Did Muaupoko ever own any land between the line at Tauateruru and that of Kohuturoa? No.

Did you ever obtain any land from Muaupoko at Raumatangi? There was no giving ------ but may have been to Whatanui.

Was any land ever laid off for you by Muaupoko at Raumatangi? No.

Xed by Mr. Buckley

Were they in a position to give you any land? No, what they wanted they had to ask Whatanui for.

Na Wiki Tauteka – declares.

I am the wife of Matene Te Whiwhi. I know the land before the court. I am a granddaughter of Whatanui’s. I had lived at Horowhenua from my childhood up to my womanhood. I was living there at the death of Whatanui I. I was his child (his grandchild). I did not see Muaupoko at that time.

When I did see them, they came to work for Whatanui and then returned to their own places. When they came, it was from no rights of their own and the cultivation at Kohuturoa. I did not see Muaupoko there or at Tatearero or Teterangi. I was then grown up – a big woman. The places I have named are Ngati Raukawa’s only up to Otaewa. I never saw them. Whareariki asked leave from Whatanui Tahuri to be allowed to cultivate at Otaewa. She was the mother of Kawana Hunia. It was only a right to cultivate. The 2 Pa tuna’s were ------ by them. Hanita bought Pukahu. He is a relative of Kawana Hunia’s.

No trouble began until the time of me and sister. It began not with Muaupoko but between herself and Hector McDonald. Whatanui had the right to this land Muaupoko had. That is why I had nothing to say with Muaupoko and the trouble began with McDonald and me. I thought as me and my sister were the only descendants alive of Whatanui, that I was the person to lease the land.

Pomare was at the B of S.G co. Our parent Watene had gone to see his mother at Heretaunga. Hector did not agree to my speech. He wanted to treat with Rina – Whatanui’s widow. I did not agree. The first lease I had – Roera friend with McDonald and Riria. I did not approve. Roera after this destroyed the lease. We then came to McDonald who was obstinate and Karamu and I came to Horowhenua where we found McDonald putting up a new fence. Kararaina pulled it down. Then Muaupoko interfered for the first time. Muaupoko then said we do not approve of your representing Whatanui. Riria should. We did not listen to their word. We persisted and next morning we drove the sheep away to the sea beach not to Muaupoko since we did not care whether they lived or not. There had been an arrangement with McDonald and Muaupoko that Riria should represent Whatanui.

We afterwards returned to Otaki. Roera informed Dr. Featherston by letter that the pakeha at Horowhenua was being disturbed by her. Dr. Featherston wrote to Matene telling him to restrain his wife. I had a letter too. I did not listen. I said I would burn McDonald’s house down. Dr. Featherston promised that Mr. Richmond should see into this matter. He came to Otaki. Ngati Raukawa were there in great numbers. They met at Katihuku. McDonald was present. Knocks was interpreter. I told them I was granddaughter of Whatanui. I was then asked who I approved of as the head of this land at Horowhenua. I said I was. He asked me if I would not allow the land to be surveyed and investigated.

Mr. Richmond said he would send a surveyor. I consented – next Monday. Mr. Richmond and Karanama visited this land. He returned and said after he had conferred with Pomare. With his consent he would send a surveyor. I waited a long time and then sent my own surveyor – Mr. Swainson. Mr. Swainson came to Otaki where we made an arrangement in the presence of Dr. Hewson. This was when the Duke of Edinburough was at Wellington. We went to survey the land with Swainson and then Muaupoko for the first time disturbed us. Riria was with Muaupoko. Muaupoko said let Pomare be the head of this land and not you – not Riria. We surveyed the land. I knew that before this, there was no disturbance – up only in my time the troubles commenced.

I afterward went to Wellington where I met Kawana Hunia. He asked me to let him a place a burial ground at Raumatangi. I would not consent. I said trouble would arise. Kawana wanted this place to build a house for myself and Hunia. I did not consent.

We returned together to Otaki and thence to Rangitikei. Shortly after that Kupe was built. Kawana invited a number of tribes – Ngati Kahungunu and others to Kupe to adjudicate on their dispute. Ngati Awa was there. They assembled at Horowhenua and investigated and Ngati Kahungunu and Ngati Awa saw the wrong of Muaupoko. Pomare arrived at that time. Kawana Hunia proposes to hold another meeting at Waikanae. Some people came but Kawana himself did not come.

Watene went to that meeting and Wi Pomaru too. I was not there. The result was that it was not Muaupoko’s. It was the descendants of Whatanui.

After the survey by Swainson I sent an application to the court for the investigation of the title. The court at Otaki - Horowhenua was the first claim called and the application of Wi Pomaru. The case was dismissed to permit the question to be further settled amongst ourselves. We consented.

After that, Muaupoko asserted claims to the land. We went to see Muaupoko in consequence of the suggestion by them that Pomare should represent Whatanui. On meeting Muaupoko they said they would deal with the land themselves. Pomare did not consent and we returned to Porotawhao. I got my land surveyed lately by the government from Tauwhitikuri to Rakauhamana in straight lines to Tararua.

In the one made by Swainson I did not accompany him this first time. I did the second survey. There were no marks on the ground. My boundaries were natural ones. I received this land from my ancestors who told me the boundaries. I lived on this land with my first husband. I have cultivated at Ohaeawai, Titerangi, Kohuturoa, Taumata and Tatearero. I did not work with y own hands. I was there as a visitor. My slaves worked for me. They were Ngati Kahungunu.

Muaupoko never disturbed us until the time of the survey. My mother and Watene got the rents of Hector McDonald. I married Watene and left.

Merehana Te Paea – sworn

I am a Ngati Raukawa and live at Waiwiri.

I know the land before the court from Tawhitikuri to Waiwiri. It belongs to Ngati Raukawa. I have cultivations on that land at Mahoenui now. Muaupoko have no cultivations there.

Whatanui had cultivations on one side and my father on the other side between Waiwiri and Mahoenui. There are no Muaupoko cultivations. I know of some of this inland of Mahoenui. They have none there. They have none from Mahoenui to the beach. I do not see them going there to catch fish. I have cows, horses and pigs running on this land between Mahoenui to Waiwiri. I live at the Waiwiri stream. My cattle, horses and pigs seen on the north side of the stream and they have never been disturbed by Muaupoko. I have a house at Mahoenui.

Xd by Mr. Cash

Do the horses, cows and pigs running on this land belong to you? Yes. I could have shown you my brand.

Are they all branded? Cows are ear marked. Horses are branded. I have some horses and my brother in law has 3. I have 5 cows. I had when my pigs were tame 100 about 5 years ago. I saw them a short time before coming to the court.

When the cattle were driven off by Muaupoko were your cattle and pigs there then? I did not see the driving of Muaupoko. I have seen McDonald’s sheep and cattle with cause they ran together with mine. They are there now. They have not been driven off. I have not driven them away and nobody else would.

Adjourned until 2 pm.

At 2 pm the court resumed.

Horomona Toremi – sworn

I am a Ngati Raukawa and live at Otaki.

I know the land described on the plan before the court. I know from Rakauhamana to Mahoenui and to Tararua which I claim. This is mine now. I and the children of Te Paea claim it. Te Whatanui I and Te Paea had a boundary here to the south for Te Paea to the north for Whatanui. It is a boundary for us Ngatiraukawa and for Muaupoko at Tauateruru on the other side - the piece between Waiwiri and Rakauhamana. The houses on this piece referred to by a previous witness, as for the eel baskets – they are mine and I built those houses myself. This piece of land is where Muaupoko came to burn the seed of my younger brother up to Mahoenui. I have not seen Muaupoko on this portion of the block. Since the distruction by Muaupoko, Nerehanara and my young people have cultivated here. Muaupoko have no plantations on this portion. Perhaps their ancestors did but I am on the land.

Between Rakauhamana and Hokio or Tauateruru and Mahoenui – I have no interest in these portions. That’s Whatanui’s – he was a great man.

I don’t know about the boundary at Tawhitikuri and Tauateruru. I have heard about the cattle Nerehanara spoke of you have heard our old woman Poha has charge of these. She lives at Waiwiri.

Xd by Mr. Cash

The cattle spoken of by the last witness are owned by you and him? None of them belong to me. They are Nerehanara’s only.

Where are the cultivations you spoke of as made by Nerehanara and the young people? In the olden times at Mahoenui, now at Mahoenui and southern side of Waiwiri.

Where are the houses you spoke of? They are at a place called Whakamangariki on the Waiwiri stream.

Xd by Mr. Buckley

Do you mean by principal places, the places where you are living? Yes.

This closed the claimant’s case.

Counsel addressed the court for counter claimants and claimants and the court then adjourned until 10 am tomorrow.

Na Wiki Tauteka – declares.

I am the wife of Matene Te Whiwhi. I know the land before the court. I am a granddaughter of Whatanui’s. I had lived at Horowhenua from my childhood up to my womanhood. I was living there at the death of Whatanui I. I was his child (his grandchild). I did not see Muaupoko at that time.

When I did see them, they came to work for Whatanui and then returned to their own places. When they came, it was from no rights of their own and the cultivation at Kohuturoa. I did not see Muaupoko there or at Tatearero or Teterangi. I was then grown up – a big woman. The places I have named are Ngatiraukawa’s only up to Otaewa. I never saw them. Whareariki asked leave from Whatanui Tahuri to be allowed to cultivate at Otaewa. She was the mother of Kawana Hunia. It was only a right to cultivate. The 2 Pa tuna’s were ------ by them. Hanita bought Pukahu. He is a relative of Kawana Hunia’s.

No trouble began until the time of me and sister. It began not with Muaupoko but between herself and Hector McDonald. Whatanui had the right to this land Muaupoko had. That is why I had nothing to say with Muaupoko and the trouble began with McDonald and me. I thought as me and my sister were the only descendants alive of Whatanui, that I was the person to lease the land.

Pomare was at the B of S.G co. Our parent Watene had gone to see his mother at Heretaunga. Hector did not agree to my speech. He wanted to treat with Rina – Whatanui’s widow. I did not agree. The first lease I had – Roera friend with McDonald and Riria. I did not approve. Roera after this destroyed the lease. We then came to McDonald who was obstinate and Karamu and I came to Horowhenua where we found McDonald putting up a new fence. Kararaina pulled it down. Then Muaupoko interfered for the first time. Muaupoko then said we do not approve of your representing Whatanui. Riria should. We did not listen to their word. We persisted and next morning we drove the sheep away to the sea beach not to Muaupoko since we did not care whether they lived or not. There had been an arrangement with McDonald and Muaupoko that Riria should represent Whatanui.

We afterwards returned to Otaki. Roera informed Dr. Featherston by letter that the pakeha at Horowhenua was being disturbed by her. Dr. Featherston wrote to Matene telling him to restrain his wife. I had a letter too. I did not listen. I said I would burn McDonald’s house down. Dr. Featherston promised that Mr. Richmond should see into this matter. He came to Otaki. Ngatiraukawa were there in great numbers. They met at Katihuku. McDonald was present. Knocks was interpreter. I told them I was granddaughter of Whatanui. I was then asked who I approved of as the head of this land at Horowhenua. I said I was. He asked me if I would not allow the land to be surveyed and investigated.

Mr. Richmond said he would send a surveyor. I consented – next Monday. Mr. Richmond and Karanama visited this land. He returned and said after he had conferred with Pomare. With his consent he would send a surveyor. I waited a long time and then sent my own surveyor – Mr. Swainson. Mr. Swainson came to Otaki where we made an arrangement in the presence of Dr. Hewson. This was when the Duke of Edinburough was at Wellington. We went to survey the land with Swainson and then Muaupoko for the first time disturbed us. Riria was with Muaupoko. Muaupoko said let Pomare be the head of this land and not you – not Riria. We surveyed the land. I knew that before this, there was no disturbance – up only in my time the troubles commenced.

I afterward went to Wellington where I met Kawana Hunia. He asked me to let him a place a burial ground at Raumatangi. I would not consent. I said trouble would arise. Kawana wanted this place to build a house for myself and Hunia. I did not consent.

We returned together to Otaki and thence to Rangitikei. Shortly after that Kupe was built. Kawana invited a number of tribes – Nkahungungu and others to Kupe to adjudicate on their dispute. Ngatiawa was there. They assembled at Horowhenua and investigated and NKahungungu and Ngatiawa saw the wrong of Muaupoko. Pomare arrived at that time. Kawana Hunia proposes to hold another meeting at Waikanae. Some people came but Kawana himself did not come.

Watene went to that meeting and Wi Pomaru too. I was not there. The result was that it was not Muaupoko’s. It was the descendants of Whatanui.

After the survey by Swainson I sent an application to the court for the investigation of the title. The court at Otaki - Horowhenua was the first claim called and the application of Wi Pomaru. The case was dismissed to permit the question to be further settled amongst ourselves. We consented.

After that, Muaupoko asserted claims to the land. We went to see Muaupoko in consequence of the suggestion by them that Pomare should represent Whatanui. On meeting Muaupoko they said they would deal with the land themselves. Pomare did not consent and we returned to Porotawhao. I got my land surveyed lately by the government from Tauwhitikuri to Rakauhamana in straight lines to Tararua.

In the one made by Swainson I did not accompany him this first time. I did the second survey. There were no marks on the ground. My boundaries were natural ones. I received this land from my ancestors who told me the boundaries. I lived on this land with my first husband. I have cultivated at Ohaeawai, Titerangi, Kohuturoa, Taumata and Tatearero. I did not work with y own hands. I was there as a visitor. My slaves worked for me. They were NKahungungu.

Muaupoko never disturbed us until the time of the survey. My mother and Watene got the rents of Hector McDonald. I married Watene and left.

Merehana Te Paea – sworn

I am a NgatiNgatiraukawa and live at Waiwiri.

I know the land before the court from Tawhitikuri to Waiwiri. It belongs to Ngatiraukawa. I have cultivations on that land at Mahoenui now. Muaupoko have no cultivations there.

Whatanui had cultivations on one side and my father on the other side between Waiwiri and Mahoenui. There are no Muaupoko cultivations. I know of some of this inland of Mahoenui. They have none there. They have none from Mahoenui to the beach. I do not see them going there to catch fish. I have cows, horses and pigs running on this land between Mahoenui to Waiwiri. I live at the Waiwiri stream. My cattle, horses and pigs seen on the north side of the stream and they have never been disturbed by Muaupoko. I have a house at Mahoenui.

Xd by Mr. Cash

Do the horses, cows and pigs running on this land belong to you? Yes. I could have shown you my brand.

Are they all branded? Cows are ear marked. Horses are branded. I have some horses and my brother in law has 3. I have 5 cows. I had when my pigs were tame 100 about 5 years ago. I saw them a short time before coming to the court.

When the cattle were driven off by Muaupoko were your cattle and pigs there then? I did not see the driving of Muaupoko. I have seen McDonald’s sheep and cattle with cause they ran together with mine. They are there now. They have not been driven off. I have not driven them away and nobody else would.

Adjourned until 2 pm.

At 2 pm the court resumed.

Horomona Toremi – sworn

I am a Ngatiraukawa and live at Otaki.

I know the land described on the plan before the court. I know from Rakauhamana to Mahoenui and to Tararua which I claim. This is mine now. I and the children of Te Paea claim it. Te Whatanui I and Te Paea had a boundary here to the south for Te Paea to the north for Whatanui. It is a boundary for us Ngatiraukawa and for Muaupoko at Tauateruru on the other side - the piece between Waiwiri and Rakauhamana. The houses on this piece referred to by a previous witness, as for the eel baskets – they are mine and I built those houses myself. This piece of land is where Muaupoko came to burn the seed of my younger brother up to Mahoenui. I have not seen Muaupoko on this portion of the block. Since the distruction by Muaupoko, Nerehanara and my young people have cultivated here. Muaupoko have no plantations on this portion. Perhaps their ancestors did but I am on the land.

Between Rakauhamana and Hokio or Tauateruru and Mahoenui – I have no interest in these portions. That’s Whatanui’s – he was a great man.

I don’t know about the boundary at Tawhitikuri and Tauateruru. I have heard about the cattle Nerehanara spoke of you have heard our old woman Poha has charge of these. She lives at Waiwiri.

Xd by Mr. Cash

The cattle spoken of by the last witness are owned by you and him? None of them belong to me. They are Nerehanara’s only.

Where are the cultivations you spoke of as made by Nerehanara and the young people? In the olden times at Mahoenui, now at Mahoenui and southern side of Waiwiri.

Where are the houses you spoke of? They are at a place called Whakamangariki on the Waiwiri stream.

Xd by Mr. Buckley

Do you mean by principal places, the places where you are living? Yes.

This closed the claimant’s case.

Counsel addressed the court for counter claimants and claimants and the court then adjourned until 10 am tomorrow.

029-043

Thursday April 3rd 1873

Place – the same Present – the same

Horowhenua – continued

Tamihana Te Rauparaha –

Xd by Mr. Cash

You are a chief of Ngati Toa? Yes.

And a Native Assessor? Yes.

Are you still an assessor? Yes.

Do you include the country round the lake in your father’s gift to Whatanui? Yes, all the Horowhenua because it was the only good place to obtain eels.

Did Ngati Raukawa take any steps to recover the land after the cattle and sheep were driven away? I do not remember about Muaupoko disturbing the sheep.

Did you go to England? Yes in 1857.

How long did you stay there? 16 months.

What payment for land at Raumatangi did you speak of if what Muaupoko got no share? Payment for a piece of land sold by Whatanui the elder.

Who holds that land now? Hughes, who holds the crown grant.

Is he (Hughes) living on the place now? No he is not. McDonald lives there.

You said the Muaupoko were your slaves, did they ever perform any service for you? Yes, I have one now on my station.

What did they do for you? They cultivated and did sundry and other work. Some have been returned since introduction of treaty.

Where is the cultivation they made for you? They cultivated for Te Whatanui about Pipinike-tohu places.

Since the time of Whatanui, have Muaupoko done any unusual …. For Raukawa or Ngatitoa? They would at the direction of Whatanui’s children.

Have those directions of Whatanui’s children ever been given or obeyed? Yes. I am not clear about any particular instance but I am constantly hearing about it up to the present time.

What is the name of your slave? Te Rei Rongomai, he is a son of Muaupoko chief.

How long has he been living with you? 30 years.

How did you get this slave? Rauparaha caught him at Horowhenua.

In what way? May have been after a fight.

Can you tell the time and manner of his taking? No.

Are there no others besides Te Rei who live on your land in the capacity of slaves? Yes, a Ngatiapa man named Te Hira Kahinga.

Do you ever pay these men any money? Yes. I give them money when I have it to buy clothes etc.

Mateni Te Whiwhi – recalled

I am much better.

I will commence at Otaewa.

In the days of the elder Whatanui, Muaupoko were confused to the north side of the land.

On the death of Whatanui the first, he was succeeded by Whatanui Te Tahuri. He put a slave called Wharariki on or at Otaewa – put there as a slave. Te Whatanui Tahuri died – the right of dealing with this land rested on W. Tutaki.

At a later period they (W. Tutaki invites Wharariki) agreed to live together with Mauna at Kohuturoa and that people lived together up to the times that Hunia burnt down the houses.

There is another piece of land at Hokio which Whatanui sold to Hector McDonald (at the mouth of Hokio River). The time that Hunia and Kemp commenced the trouble I was the person who restrained Raukawa.

At the time of the disturbance relative to planting of potatoes at Mahoenui, Ngati Raukawa desired to take action at once. I advised them to submit the matters to the law.

Afterwards at the burning of Watenes house, I informed Mr. McLean. Ngati Raukawa were very devious to the action. Last I restrained them in consequence of letters from Mr. McLean, from the burning of Watenes house.

Muaupoko did not cultivate on the south of Hokio except at Kohuturoa. I cannot speak of the inland. Kupe was built in 1871 prior to Kupe there was cultivation between Hokio and Tauangtururu belonging to Muaupoko – whatever was there were Whatanui’s – between Horowhenua and Waiwiri lakes Muaupoko have no cultivations. They have no rights of fisheries between that (the lakes) and the sea. We allowed Kupe to be built because we desired the matter to be subject to the inquiry of law. Had we attempted to turn them off there would have been fighting. The first interfered and that is why we decided for using force.

I have Mr. McLeans letters to that effect at Otaki. I remember the lease given by Raukawa to Nicholson. I cannot have the time. It extended from Waiwiri. I do not know the boundaries. Muaupoko did not interfere with the granting of that lease. Hector McDonalds sheep were driven from the south of Hokio by Wiki and not by Muaupoko. That was after the death of Te Whatanui. They were nearly driven back by Muaupoko. Muaupoko never cultivated on the land between Waiwiri and Horowhenua and the sea and the lakes. They did not understand cultivating potatoes. Their food was from ….

I had some slaves of Muaupoko in my own keep. The younger brother of Kemp’s father was caught by me and afterwards lived and died with me. There are some of mine now with Muaupoko. I had these – they are now alive with Muaupoko. There is a Muaupoko woman named Poha now living with Ngati Raukawa at Waiwiri.

I was not at present at the meeting which fixed the boundary between Raukawa to Muaupoko at Tawhitikuri and Waerenga. Raukawa have been in possession of this land and have never been disturbed and with the exception of Kupe and Kohuturoa, there are no Muaupoko living on it. These are the only two places where Muaupoko live. Kohuturoa – Tamati Maunu went there by invitation, not by any right – he has none there now. It was through the interference of the fort that we permitted the erection of Kupe. I do not know where Kawana Hunia’s mother is buried. I do not know that his mother burned lease. Whatanui is buried on this land - Whatanui Tutaki and another Whatanui. Our chiefs and chieftenesses are buried on this land at Raumatangi.

Xd by Mr. Cash

Name the chiefs and chieftenesses? Tauteka, a woman – the wife of Whatanui elder. Whatanui Te Haua is another at Raumatangi – Tuteki and Te Awhawhe also – Hinepororangi is another – a niece of Whatanui. Those are all the people of rank but there are others.

Is Raumatangi the principal burying place of Ngati Raukawa chiefs? No.

Is Whatanui first buried there? No. At Otaki and then taken to Tongariro – he died at Mohunoa.

Is Whatanui Tutaki a chief of yours? Yes of Ngati Raukawa and Waikato.

Was Whatanui a chief of Ngati Raukawa, Ngatitoa and Ngatiawa? Yes.

Why did Wiki drive McDonald’s sheep from the south of Hokio? Because Hector would not deal with her instead of Whatanui’s wife Riria.

This quarrel was between Ngati Raukawa themselves? Yes.

When was this? About the year that Whatanui Tutaki died – 1869.

How long after the driving of the sheep over Hokio did the quarrel commence with Muaupoko? Let Henare speak of that. I do not remember.

Xd by Mr. Buckley

Were the Raukawa in the habit of consulting with Muaupoko in the matter of this land? No.

Xd by court

Did Raukawa invite Tamati Maunu to live with them? Yes. He lived before at Toenea.

Henare Te Herekau – sworn

I am a chief of Ngati Raukawa and live at Moutoa.

I know the land before the court. I lived 8 years on this land.

I know all about the cultivations and the occupation.

In 1835, my sister was married to Whatanui Tutaki and that was the year I was brought from Otaki to Horowhenua.

The old Whatanui was gone to Taupo to get his relatives.

I lived one month at Raumatangi. We were ordered by Whatanui to go and renew certain boundaries. In consequence of the instruction he had received from Whatanui the elder to put in a pole at Tawhitikuri to Kamakorou thence to Tauateruru across Horowhenua to Waitu. This was his boundary dividing Muaupoko to the north. We then went to Rakauhamana on the same day. Rakauhamana is in a line with Otaukauhao then said line to Mahoenui thence to the mountain.

The southern side of this was for Tupaea to there – my nephews – the eastern portions for Whatanui alone. This was the second time these boundaries were replaced.

We commenced to cut down a bush at Te Rikia Tawa near Raumatangi (opposite) the place where the canoes landed. The cultivations of Te Whatanui in 1831 to 1835 were at Taumataomiratu thence to Otaewa at a Puaote Ngao where Tamiti is living.

Kohuturoa was not cultivated then. They were at Puaote Ngao. There is a cultivation of Whatanui at Tatearero - about 2 acres at that period. We went there and got food after Whatanui went to Taupo.

When we felled the bush we went to Tawhawhao so that it might be in a line with the pole at Rakauhamana. 20 people fell the bush, 2 of these were Waikato. They were the only strangers amongst us. When we felled this bush at Otauwhawha – Whatanui’s children Tiraha Te Witi were felling this bush. When this was ended we went to fell bush in another place – Tawatutua which we gave up to the Muaupoko. In felling a Mahoe tree we found a greenstone ornament belonging to Muaupoko. At that time I did not see Kupia Waikiekie and Roha ote kawau occupied not at Pukeiti either. 4 people were at Waipata – Muaupoko. They went to cultivate at Te Kaueu – the place marked red on the map - Te Namuiti and Karapaware occupied. Pita, a sick man was at Tatearero – only one. He was fed by the slaves of Whatanui. The elder Whatanui arrived in 1836, on his return from Taupo with 100 followers. He and his nephews settled at Titerangi reaching to Tatearero. Muaupoko and Ngati Raukawa together felled the bush and cultivated the land at Titerangi. Raukawa felled the bush and Muaupoko cooked the food for them. In 1837 houses were built at Kohuturoa by Whatanui and his nephews. Pakeke and Kaikouiri were the names of his nephews.

Court adjourned until 2 pm.

At 2 pm the court resumed.

Henare Te Herekau – continued

Food was cultivated at Kohuturoa in 1837. Kohuturoa and Tatearero were permanent places of abode of Whatanui and his heirs.

In 1835, two pas were built – one at Raumatangi and the other a little to the west of Te Hokio. The other side of where McDonald’s house is now. The same year another was built on the side of the hill above it on the Tauateruru side. The name of the house at Raumatangi was Te Waioteraraka.

Wharepuhanga was the name of a big house built on the other side of the stream. It was 50 feet long. Old Whatanui lived in that house and some of his children lived in the other pa on the opposite of the stream at Raumatangi. Whatanui Te Tahuri lived in a pa on the hill and the pa was named Tereti.

At theat time this land was bush – we cleared it. These clearings extended as far as Kupe. The year that land was cultivated Pomare arrived and he cultivated there. A clearing was also made at that time at Komakore. Te Whatanui and we were at the top of this hill and the children were at the base. In 1838 Whatanui made a pa on Waikiekie – 270? 340? Ngati Raukawa assisted to build this place. All these pas on the lake were deserted during the expedition of Rauparaha. Muaupoko ran away into the bush – nobody said anything to them after this. We lived there permanently.

In these latter years I have not seen Manihera, one of the witnesses. I have never seen him. All I heard of was that his elder brother was nearly killed by Raukawa. Manihera’s statement is false. 1841, Whatanui built a pa at the mouth of the Hokio for the convenience of teachers go and preach to the people. Mr. Hadfield was one.

In 1843 certain teachers were nominated by the bishop Me, Ihakara and another were nominated for Manawatu, Hamiora was for Horowhenua. I never heard of Manihera’s appointment as stated by him. Hohua was appointed for Porotawhao. Hoani Meihana for Puketotara. Hakeraia for Otaki. Riwai to Waikanae. I never heard of Manihera being appointed a teacher.

I’ll now speak of Whatanui’s right to this land. It extends over all this land from the sea to Tararua – over the land and the people. Visitors from other parts of the country and war parties also came to him at Horowhenua. Whatanui directed Muaupoko to buy food for these visitors etc. When they (war parties) arrived, Muaupoko sought the protection of Whatanui. My eyes have seen the Muaupoko gathering the eels in the streams for Whatanui. After gathering the eels the Muaupoko were only entitled to the head and the bones. I have constantly seen this in the period I have lived there. I never saw Kawana Hunia at Horowhenua. He lives at Rangitikei. I saw the death of Kawana Hunia’s mother at Rangitikei. Her head was cut off – the body was buried at Rangitikei and the head at Horowhenua.

In these latter years, the Muaupoko were living in subjection. The reason why Muaupoko have of late built houses and gone across to the lake was because of the action of Kawana Hunia and Kemp as stated in the evidence taken at the previous court.

The land where my hand is placed (Waiwiri) food has not been cultivated there. There were cultivations and houses burned by Ngati Raukawa on seaard side of Waiwiri lake. Ngati Raukawa had cultivations on both sides of the Waiwiri stream. Raukawa cultivated Ataiwhawha. Muaupoko did not. Raukawa cleared and cultivated at Mahoenui. Muaupoko came and pulled up the potatoes about 3 years ago. Afterwards they (Ngati Raukawa built a house at Mahoenui – just outside. Had Muaupoko returned to these potatoes they would have been shot.

Matene withheld Ngati Raukawa a portion of the land used as a run – has not been cultivated by other parties. The cultivations are around the lake.

I have not seen cultivations of Muaupoko on the north side of Hokio stream. The only cultivation is Whatanui’s at Komakorau. I do not know of the roads leading to the mountains. I have not seen these. The only road I know of is to Manawatu – on the south of Hokio extending to Tararua – excepting at Kohuturoa. There are no cultivations of Muaupoko. Kohuturoa is a Raukawa cultivation. I do not know how Tamati Maunu got there. I have not seen him there in the years I speak about.

I know about the building of Kupe. It was built to take the land from Whatanui. Raukawa did not drive them off because the fort interfered. Raaukawa have remained in undisturbed possession of this land since the Whatanui took it until Kupe was erected.

We did not hear about the sheep beingdriven off by Kemp and Hunia. I was present at the meeting to fix the boundaries from Tauateruru to Tawhitikuri. This was Whatanui’s boundary. I was present at the meeting of Kupe respecting this boundary. It was between Ngati Raukawa and Muaupoko. Tahui and Muaupoko were present. The boundary was fixed at Tauateruru. Muaupoko agreed to that boundary. There was no difficulty about that boundary until the time of Kupe. Kemp and Hunia were more the movers that Muaupoko.

I have not seen Muaupoko getting eels on the south side of Hokio. Cattle referred by the other side as having been killed were wild cattle. I suppose from Ohau. We the people of Porotawhao joined in that killing. The Mohunoa people followed and killed cattle.

I make this statement to debut the evidence of the other side. These are cattle and pigs and sheep of Raukawa running on this land now – houses too. Muaupoko have never attempted to drive them off.

Xd by Cash

How many cattle have Raukawa on this land now? I cannot count them. There are no means of ascertaining the number.

Are there many? Yes – cows – often heifers which have been running there since Raukawa have owned cattle.

Where did you last take cattle off this land? I do not know.

Are these cattle – wild cattle? The wild cattle are in the bush. Those on the other are not wild.

Which is the run – where the tame cattle are? From the beach to Mahoenui is the runs. Above Mahoenui to Arapaipai are thought to be wild.

Are the cattle on the run branded? Some are.

Whose brand? Several brands.

Name one? Watene and Nehauira and Puke. I suppose these are branded.

The sheep seen yesterday, were they branded and whose? There was the sheep of the European and Raukawa. I do not know whose they are.

Were you present when Raukawa and Muaupoko agreed to accept a common boundary? Yes.

Who else were there? Himiona, a Muaupoko was there – he’s dead. I cannot mention one Muaupoko chief who was present and is now alive.

Do you remember the pole at Tauateruru? Yes.

How long did it stand? It stood for a long time. It may have been pulled up when the trouble at Kupe.

Do you know where it was pulled up? Yes in 1844.

When did you last see it? I saw it when it was put up. I saw it at the time of Kupe – the same pole.

Have the Ngati Raukawa occupied this land since Whatanui until Kupe was erected? Yes. About 50 of them. They lived at Panuiomarama. This was the only place. I was one of Whatanui’s hapu and was one of those who lived there.

How many years did you live there? 8.

Did you ever see Tamati Maunu? Yes. I did not see him at Kohuturoa.

Tamati Maunu lived at Toi? Yes.

Were you ever at Kohuturoa? I have been there and worked there.

What year did you go there to build houses? I have already told you. In 1837.

Are there no Muaupoko cultivations north of Hokio? No there are none.

Is Kupe a Ngati Raukawa possession? I won’t say anything about that. That was put up.

Do you know Taingaehe? Yes. It is a bush. There is a cultivation on Muaupoko side. The map is wrong.

What has become of the houses and cultivations of Waiwiri? The houses are standing now. Those at the mouth are. Those at Mahoenui are. There are some of the places where we keep our eel baskets in still standing. They are on this side.

Can you point out on the map where one of them is standing? Yes, here – pointing.

Did Manihera live at Raumatangi when you did? No. I do not know where he lived. I did not see him there at all. I saw him about Otaki.

How long did Whatanui occupy Kupa at Waikiekie? During the period that he lived, he resided at Kohuturoa where he had lived some time and died at Mohunoa in 1845.

Ihakara Tukumaru – sworn

I am a chief of Ngati Raukawa and know the land before the courts. This is Whatanui’s land. This plan shows the land sold by Whatanui to Wakefield. Whatanui lived at Panuiomarama.

Ngati Raukawa weren’t there to hear his word. I do not know whether Muaupoko ever had or now have any cultivation there now. I was not present at the meeting of Muaupoko and Ngati Raukawa to fix the boundary. I do not know anything about the inland roads. I know the road to Manawatu.

Whatanui Tutaki commenced to dispute with Hukeke about Raumatangi to take it for himself. His claim to that land was that Hukeke’s sister was Whatanui’s wife and she was buried there.

Ngati Raukawa assembled in large number on hearing of this dispute. Ngatiapa was represented there by Kawana Hunia. Nepia and Kurupo said let Kawana Hunia be our judge in this matter. Hunia did not object nor did he say anything about its being his land. This was in 1845. It was only at a later period Kawana Hunia assented any right to this land – about 1870 – the time of Kupe. This was when he commenced to take proceedings relative to Horowhenua. Kupe was built as a Wharewhakawa for Raukawa.

Hunia sent messages to Ngatikahungungu to come and sit in judgment.

The house was not finished when they went over and burnt Watene’s in the fire. Ngati Raukawa were untitled by the government from taking action of themselves or taking the land into their own hands -In consequence of the word of the government to Watene to go to Waiwiri to live. Watene did so but went constantly back and forward to Raumatangi. I then invited him to accompany me to Waikato to be out of the way. Now the court has arrived and it is being investigated. I do not know about any Muaupoko fishing rights.

I never heard that Muaupoko were consulted by Whatanui in the sale of this land.

Court adjourned until 10 am tomorrow.

Friday 12th February 1869

Court sat at 10 am.

Present – the same

Waerenga West – a5 – r2 – p21

Claim read, map produced.

Claimant Natauaheia Te Waro, stated his case.

Rina Pururu appeared as an objector.

Rina Pururu – sworn

I belong to Ngatituara. I recognize the land shown on the map before the court. I claim this piece. It belonged to Te Peiua of Te Matiawa, my husband Raharuhi and Te Kipihana bought it for him and gave three cows in payment. The boundaries were pointed out at the time. Te Kipihana is a cousin of mine. We did not occupy it. My husband and I went to the awa o te atua and we left Te Kipihana went to Rotorua and left Te Akau in charge (his sister) Raharuhi died at Te Awa o te Atua. When Natauahira heard that Raharuhi was dead, he attempted to claim the land. He was not related to Raharuhi, but is distantly related to Kipihana. Kipihana is at Rotorua now. Natanahira never gave anything in payment for this land.

When Raharuhi went to Te Awa o te Atua, Natanahira went with him. At Te Awa o te Atua Raharuhi gave Natanahira a horse and afterwards Natanahira gave Raharuhi one in exchange, not in payment for this land.

Xd by Natanahira

Did this land belong to Te Peina? Yes.

Did it not belong to Tonihi? It belonged to the Matiawa tribe.

Did it not belong to Te Rei? He was a Matiawa.

Did it not belong to Herekaua? He was a Matiawa.

Are you not my tuahine? He turanga Whanau.

Did not Raharuhi leave me in charge of the land? No.

Did he not give me Pahianui? No.

Te Akau – (affirmed)

I belong to Ngatituara. This land belongs to Raharuhi and Te Kipihana. They purchased it from the Matiawa tribe. Rina’s evidence is correct.

Natanahira sold this land secretly to Mr. Dodds. When the land was being surveyed then I knew of the sale, and stopped the survey. Matene te Whiwhi told the surveyor that the land did not belong to N.Huia. He after that offered it for sale to Dr. Hewson. I told the doctor not to buy it. The doctor paid some of the purchase money to Natanahira. He got it secretly. I applied for some openly and got some.

Xd by Natanahira

Did I offer the land to Dodds? Yes.

Was it not you who offered it? No.

Karanama corroborated foregoing evidence.

Natanahira Te Waro – sworn

I belong to Tuhourangi. This land belonged to Raharuhi, he purchased it when he went north. I went with him. Rahahuri left the land in my charge – ehara i te mea moku ake.

Mr. Hughes – sworn

I am etc. I made the survey of the land shown on the plan before the court. The angles were all correctly pegged and the lines distinctly marked on the ground. The survey agrees with the surrounding surveys. It adjoins surveyed land on the north and east. Rina pointed out the boundaries. I have a claim of £3 – 15 – 0 for survey.

Rina stated that she had plenty of land at Rotorua.

Certificate ordered in favor of Rina Purua, Te Akau, Te Kipihana without restrictions.

Surveyors charge £3 – 15 – 0

Fees charged Invest £1 Cert £1 C Gt £1 Total £3

Section 71 & 73 – town of Otaki

Sketch map produced by Mr. Swainson.

Claim read.

Akara Ngahue – sworn

I belong to Ngatikikopiri a hapu of N.Raukawa. I recognize the section shown on the sketch plan before the court. These 2 sec belong to Aranga Ngahue, Te Koiti Taraia. Wish both sections to be included in one C. Grant. When the Otaki block was cut up into sections by the Ngatiraukawa as a township these sections were allotted to us. We have occupied it ever since up to the present date. We have fenced it, and our houses are on it now. Te Aranga is at Taupo.

Te Koeti Taraia corroborated Akara’s evidence. This land has been surveyed. Mr. Knight surveyed it. He is not present. It is properly pegged. Both sections are surrounded by a fence. Hura Ngahue is also an owner.

No opposition.

Certificate ordered in favor of Aranga Ngahue, Akara Ngahue, Te Koeti Taraia, Hura Ngahue.

Certificate to be issued if within six months they produce a map to the satisfaction of the chief surveyor. Without restrictions.

Fees charged Order £1 Cert £1 C Gt £1 Total £3

Otaki Section 75 & 77

Claim read

Sketch map produced.

Hokepera Tuhui – sworn

I belong to N.Tama of the Araroa. I recognize the land shown on the map before the court. It is two sections of the town of Otaki and belongs to me. It adjoins the two sections just passed the court 71 and 73. When the Otaki town was land off this piece was awarded to my father Tuhui, he is dead. I am his only child. I have occupied the two sections ever since the town was laid off, my houses are standing on the land and it is all fenced in. The land is surveyed. Mr. Knight surveyed it. He is not here. He pegged the section, the pegs are in still. I have plenty of land elsewhere.

Ururoa corroborated Hokepera’s evidence. No opposition.

Ordered that a certificate of the title of Hokepera Tuhui to sections 75 and 77 of the town of Otaki be made and issued to the governor if within six months she shall furnish a proper survey thereof.

Without restrictions.

Fees charged Invest £1 Order C Gt £1 Total £3

Maringiawai No. 2 – a6 – r0 – p30

Claim read.

Map produced.

Hemi Kuti – sworn

I belong to Ngatiraukawa. I recognize the land shown on the map before the court. I am the owner of this piece of land, it adjoins Maringiawa No. 1 heard at last court and a certificate for which was issued in my favor.

I acquired my title by purchase from Ropata te Ao. I gave Ropata two cows for it. This was about 10 years ago.

I have not occupied the land since I purchased it. Ani Kuti claims with me. She and I have plenty of land besides this.

Mr. J Hughes – sworn

I am a licensed surveyor. I made the survey of the land shown on the map before the court. It has been made in accordance with the rules, the lines are all distinctly marked on the ground and the angles pegged. There was no opposition to the survey.

The survey corresponds with the survey of the adjoining land. Hemi Kuti and Ropata pointed out the boundaries.

I have no charge for survey.

Ropata Te Ao corroborated Hemi Kuti’s evidence. No opposition.

Ordered that a certificate of the title of Hemi Kuti, Ani Kuti to a piece of land called Maringiawai No. 2 containing a6 – r0 – p30 be made and issued to the governor. Without restrictions. No survey charges.

Fees charged Invest£1 Cert £ C Gt £1 Total £3

Te Tahuna – a8 – r3 – p11

Map produced.

Ururoa Ripia (affirmed)

I belong to Ngatiraukawa and reside at Otaki. I claim the land shown on the map before the court. When the N.Raukawa came to Otaki from Kapiti after the migration from Taupo, I came with them and took possession of Te Tahuna.

I cultivated it and have been in possession ever since. I have not lived continuously on it. I have not cultivated it lately. I have cultivated on it for about 20 years. Pourahi was my father. He is dead. The other owners in this piece are Akara Ngahue, Arama Karaka, Te Poria, Tame Hurahia. These are all.

Akara Ngahue corroborated Ururoas evidence and stated that the claimants all had land elsewhere.

Mr. J. Hughes – sworn

I am etc. I made the survey of the land shown on the map before the court. It has been made in accordance with the rules, the lines are cut and angles pegged. It does not conflict with any other surveys. Ururoa pointed out the boundaries. There were others present whose names I do not know. I have no charge for survey.

Ordered that a certificate of the title of Ururoa Ripia, Akara Ngahue, Arama Karaka, Te Poria, Tame Hurahia to a piece of land called Te Tahuna containing a8 – r3 – p11 be made and issued to the governor without restriction. No survey charges.

Fees charged Invest £1 Cert £1 C Gt £1 Total £3

Sections 37. 38. 45. 46. 45a and part of 39 and 47

Kiharoa Manariki – sworn

I belong to Ngatipare and reside at Otaki. I recognize the land shown on the map before the court. This land belongs to me. It is part of the town of Otaki. The two half sections and the four sections were allotted to me when the township was laid out.

The piece marked 45a, I purchased from Te Paina who owned it. I gave him £23 for it. He is at Oroua.

The whole of the price has been fenced in by me, and I am now in undisturbed occupation my houses are on it. I have been in occupation ever since the township was laid off. No one disputed my title. I have plenty of land elsewhere. The land to the north of this has passed through the court and a certificate ordered in my favor.

The north boundary of this piece should run straight through sections 39 and 47 from east to west.

Mr. George Swainson – sworn

I am a etc. I made the survey of the land shown on the plan before the court. The lines are all marked on the ground, and the angles pegged. The land is now all fenced in. The boundaries were pointed out by Kiharoa. He is the acknowledged owner of this land.

The north boundary as at present shown does not correspond with the boundary of the adjoining land as ordered by the court. It should be a straight line all through. No opposition.

Ordered that the north boundary be altered to correspond with south boundary of the adjoining land.

Ordered that a certificate of the title of Kiharoa Manariki to a piece of land in the town of Otaki known as Sections 37. 38. 45. 46. 45a and part of Section 39 and 47 be made and issued to the governor without restrictions.

Fees charged Invest £1 Cert £1 C Gt £1 Total £3

Hurihangataitoko No. 4 – a1 – r0 – p21

Claim read. Map produced.

Pene Te Ruapuia – sworn

I belong to Ngatituara and N.Tama. I know the land called Hurihangataitoko. It belongs to me. When the N.Raukawa came from Taupo they went to Kapiti, from Kapiti they came to this district and took possession of the land Rauparaha having conquered it previously. I and my matuas came from Kapiti and took possession of Rangiuru and Hurihangataitoko, and at once commenced to cultivate it and clear waerengas.

The grantees I propose are Pene and Piripi. We have land elsewhere.

Natanahira Te Waro appeared as a counter claimant.

Natanahira Te Waro – sworn

I belong to N.Tuara and N.Tama. I have a claim on this land before the court. Te Huira (Pene’s father) was the first to take possession of this piece of land. I am the son of Te Huira by another wife. I have never worked on this piece or occupied it myself. I was born at Motutawa, Rotorua and came to the district in 1842 and when I came I lived at Rangiuru. Pene and I were both born at Rotorua.

Mr. George Swainson – sworn

I am etc. I made the survey of the land now before the court. The lines are all cut on the ground and the angles pegged. There was no opposition. The land does not interfere with any granted land. The boundaries agree with corresponding surveys. They were pointed out by Natanahira and Tamati Te Rahu.

I have a claim of £2 – 5 – 0.

Te Aku stated that she did not claim.

Claim of Natanahira admitted by the court.

Ordered that a certificate of the title of Pene Te Ruapuia, Piripi Te Rangiatuahua, Natanahira Te Waro to a piece of land called Hurihangataitoko No. 4 containing a1 – r0 – p21 be made and issued to the governor. Without restrictions. Surveyors charges £2 – 5 -0.

Fees charged Invest £1 Cert £1 C Gt £1 Total £3

Ngawhakarangirangi – adjourned

Rekereke No. 1 – a38 – r2 – p26

Claim read. Map produced.

Rakapa Kahoki – sworn

I belong to the N.Raukawa. I know the land shown on the map before the court. It belongs to Matine and me. It is part of the land conquered by Rauparaha. Rangihaeata Matene te Whiwhi, my mother and one or two others were the first to occupy this land after N.Raukawa took possession of it. My mother is dead. Matine te Whiwhi is my brother. We have been in occupation ever since over 30 years. Our houses and cultivations are on it now, and it is fenced in. No one disputed our title.

We have plenty of land elsewhere. There are no other owners save Matine and I.

Mr. J. Hughes – sworn

I am a licensed etc. I made a survey of the land shown on the plan before the court. It has been made in accordance with the rules. The lines are all marked on the ground and the angles pegged. The land is for the most part fenced. The boundaries were pointed out by Rakapa and Matene te Whiwhi. There was no opposition to the survey.

The land on the west is surveyed and we claim on the east. I have no claim for survey. No opposition.

Ordered that a certificate of the title of Matene Te Whiwhi and Rakapa Kahoki to a piece of land called Rekereke No. 1 containing a38 – r2 – p26 be made and issued to the governor without restrictions. No surveyors charges.

Fees charged Invest £1 Cert £1 C Gt £1 Total £3

Court adjourned till tomorrow.

Wednesday 3rd February

Sat at 10 am.

Present – the same

Paretao – continued – case of crown

Mr. Buller opened his case and called Wereta Te Waha.

Wereta Te Waha – sworn

I belong to Ngati Teao hapu of Natiraukawa. I know Paretao.

I used to reside on the block after Haowhenua (1836). Those who lived there with me were Arapata Te Whioi, Hakopa. Parakaia’s occupation was before this. I knew of the Kuititanga fight (1839).

I and Arapata were occupying Paretao at that time in 1839. I did not see Parakaia on the land. Ihakara and Taikapurua at that time lived on the adjacent part. At that period, 1839, Kuru was in occupation. He left for Opiki. Kuru did not come back to Paretao. I also lived on the land of Te Koititanga until the sale of the land to Mr. Buller. Parakaia’s occupation was prior to Haowhenua. I had houses and a pa on the block and cultivations. I never saw a house of Parakaia’s on the block. He had no cultivation on it, nor did he ever get eels on it (no pond on the block). I don’t remember Parakaia living ten years on Paretao. I was at Taupo one year about the time of Haowhenua, on my return I lived at Rangitikei. Then came the Koititanga (1839). At this time 1839 I came and lived at Paretao.

I remember the sale of the Awahou block. I was then living on Paretao. I excluded Paretao from the sale. Parakaia joined with me in making the Reserve. He helped to ‘rohe’ any land. Mr. McLean offered me £100 for the Reserve. I refused it. The boundaries were fixed by me and Ihakara, Parakaia, Nepia, and others were ‘te kai kore”. I remember selling Paretao to Buller, I did not ask Parakaia’s consent.

Arapata Whioi, Hakopa Te Tihi had a claim. Te Roiri and Te Kuru claimed with Parakaia. I received £500 for the block. I wanted £1000. Parakaia made a boundary through the land after I agreed to sell it. I remember leasing the land to Cook. I did. I alone. Parakaia had no say in it. I received the rents from Cook. Parakaia got none. I never heard that he demanded any share of the rents. Parakaia asserted no claim to the land till the sale. Parakaia and I have talked about the land since the sale. Parakaia said "Kati te aruaru i o tana moni". Rina my wife said – "Ko wai au e kai i ena moni"?

Parakaia said he wanted to lease the land. I heard about a £3000. I was not present when Parakaia made a division of the block after the sale. I was at Motoa but I heard about it. Paretao was not made over to one by Ihakara, Nepia, and party. Kereopa was living on the adjoining land at the time Arapata shared the £500 also Hakopa. Parakaia’s wife Mitika also got some. I don’t know how much. Parakaia used to visit me at Paretao.

Xd by Parakaia

After Haowhenua when we ‘heked’ to Rangitikei , did you go to live on Paretao? No, Iwent to Taupo after Haowhenua.

After the Kuititanga did you live on Paretao? Yes in 1839

Did you build your own houses on Paretao after Kuititanga? Yes

Show the place on the tracing. (Shown).

Who lived with you after 1839? All, Arapata, Hakopa, and others.

Did you not live in one house? They were not, your houses were broken.

Did you not go there in 1852? Don’t know dates.

Who were you living with? Ngati Parewahawaha.

Was I not the monitor on Paretao after the Kuititanga? Don’t know.

Did I not tell you that if you could get £3000 for the land, I would agree to the sale? Kaore au e mohio.

Was there not a talk in a whare puni called Kei a te Kahu? Yes there was but it did not result in anything.

At the time of that committee had you taken the £500? Yes. Quite sure? I am not quite sure.

Did you not say to me – Me mahi ano koe? Yes, I said, e mahi, ki te tika i tau ka tika.

Die you not say if we could not get £1000 the land should be divided? Yes, I said that if I could not get the £1000. I should keep part.

Was it when you heard that I had divided Paretao that you came to the komiti? That komiti was a dispute.

What was the cause of the dispute? Your attempt to get my land.

Why did you take £500? Because the land was mine.

Was it because I had cut off a part? Why did you give up the demand for the £1000? You put out your tongue when you heard I was going to sell the land, and I determined to sell it and took the £500.

Was the £500 for the part I divided off, or for the whole? For the whole.

Xd by Mr Buller.

You say the Parewahewahi were living with you after the Kuititanga? Yes.

Were they there long? No.

Do they assert a law to Paretao? Yes.

Do you know when Grey went to England? Yes – in 1852.

Where were you then?

Xd by the Assessor.

Had Parakaia no mana in Paretao? No.

Then did Parakaia live on the land first? After Haowhenua.

How long did he live there? Don’t know. I first lived on Paretao after the Kuititanga, and lived on it up to the time that the land was sold.

Kereopa Tukumaru – sworn

Xd by Mr. Buller

I belong to Ngati Raukawa.

I am brother of Ihakara. I came here when a lad. At the time of Haowhenua I was living at Otaki.

I first went to Manawatu after Haowhenua in 1836. My hapu Patu Kohuru lived at Himatangi. When the Patu Kohuru occupied Himatangi, there was no one on Paretao. No one.

Who first lived on Paretao? Parakaia and people. We lived half a mile from it. Those who were living on Paretao were Parakaia, Hakopa, Te Kuru, Arapata and others of Parakaia’s hapu the Ngati Rakau. I don’t know how long they lived there, one or two years.

They did not live permanently on it. They then left it and Te Kuru and Hakopa lived on it. I remember the Kuititanga. There were no occupants at that time on Paretao.

The Patu Kohuru had left Himatangi at the time of the Kuititanga. After the Kuititanga Parakaia did not go back to Paretao. After the Kuititanga I lived at the Awahou, adjoining land. Paretao was first occupied after the Kuititanga by Wereta, Hakopa, Arapata Whioi. Wereta remained in occupation till a late date, till the sale to McLean (1858). I was present at the meetings about the sale of Awahou. Paretao was excluded.

Hoeta – We wanted to sell the whole, Wereta would not consent. I took part in the sale. Parakaia was at the meetings. I did not hear him say anything. Parakaia was opposed to the sale of Awahou. He afterwards agreed. I did not hear that he was to have Paretao to himself. There was no other Parakaia at the meetings.

Xd by Parakaia

Did you see me when the deed of Awahou was signed? No I did not.

Was there not a great dispute about the sale? Yes.

Did not Ngati Toa and others object? Yes.

Were Hakopa and Wereta the upoko pupiri for Awahou? No but the Ngati Raukawa as a body.

Were not Nepia and I the Principal opposers of the sale? Yes of Te Awahou but not of Paretao.

Did you not know that the great holders were Hakopa and Wereta? Only the withholders of their own piece.

Did you not see me in Paretao after Te Kuititanga? Yes, I did but he noho haere.

Do you know when Hadfield came? Yes.

Did we not hold service on Paretao? No, at Tapuwaikotuku.

Is that on Awahou? Yes.

When did Mr. Hadfield come here? Don’t know the year.

When did he come to Otaki? In latter end of 1840.

Did you know of one Waerenga at Raumatangi on Awahou? Yes.

Do you remember our komiti about Wereta? No.

Do you remember the dispute with Paiti and others? No.

Do you not know that komiti was to give a piece of Paretao to Wereta? Yes – I know of that.

What year? Don’t know.

Do you know that I gave the Paretao up to Wereta? I don’t know about that.

Did Wereta build a house on Paretao? I saw him living in a house on the land.

(Place pointed out on tracing).

Had Wereta’s cultivations on the land sold to Mr. Buller? No he had none there. He cultivated on our part but dug the food and took it there to his kainga.

When did he commence to live there? Don’t know but think he lived there 20 years.

Did you see Wereta living there constantly? No sale of Awahou? There and at Awahou.

Did he as you say live in the houses you pointed out? Yes but sometimes went to Awahou.

Do you know when Mr. Williams came? Don’t know the year.

Would Wereta’s living there after the Kuititanga give him any mana over the land? I think that the man who lived longest on the land had most right.

Do you not know that the Paretao belonged to Wereta and us and that is why he lived there? I only know that he lived there up to the sale of the land.

Was there not a piece called the Hiwi divided for him? No.

Do you not know that Te Rei had a claim? No.

Do you not know that te Matiawa Te Rei’s hapu and I were concerned in laying off the boundary of the Reserve? I only saw the Matiawa not you.

Did you erect a pole? Yes at Tikorangi.

Did you not see our flags? I heard they were Hakopa’s.

Do you not know that Hakopa is te tino tika on te Paretao? Yes Hakopa lived continuously on the block. He did not move about up till the sale.

Do you not know that we lived on it together on and off from 1835 to 1852? I only know that after the Haowhenua, you and party lived there and we at Awahou.

Had not my Tuakana a mahinga at te Kauri, near Paretao? Yes.

Thomas Upperdine Cook – sworn

I am a sheep farmer at Manawatu. I have lived there about 25 years. Have lived near it 14 or 15 years.

I rented the land from Wereta some years ago. I paid him a year. I regularly paid the rent to Wereta. I never saw Parakaia in the matter. I never heard of him as a claimant. I was present at some of the Native meetings that preceded the cession of Awahou. Did not see Parakaia there. I remember the exclusion of Paretao. Wereta objected to cede it for the sum offered £100. I only know of Wereta’s objection. I recollect the sale of Paretao by Wereta – 1864. Did not hear till after the sale that Parakaia claimed any of it. After the sale he opposed it. When I came down here 14 years ago Wereta was in occupation. My children have a gift of land adjoining Paretao. It was given by Wereta years before the sale of the Awahou. Parakaia had nothing to do with the matter.

Xd by Parakaia

Do you know our Maori ritenga and why I left Wereta to lease the land? I only know that Wereta was the recognized owner.

Is it not a ritenga Maori to let one man lease the land? Yes, I know that.

Did Wereta ever build a house on Paretao? (Place pointed out). Yes Wereta had houses on that part.

Did you see any others? I don’t remember to have seen any others.

Did you ever hear that it was arranged that T. Cook should have a house at rear block? Yes, my brother got a piece of land to build a house on from Wereta and Parata’s not from you.

Did you never hear that I opposed the sale of Awahou? Yes I did.

Did you ever hear of a pakeha being seized for saying that Paretao was gone, included in Awahou? Yes.

Who seized him? I cannot exactly say whether it was you (Parakaia) or another.

Do you not know that I remonstrated with Mr. Buller against the sale of Paretao? You told me you had.

Did I not show the boundary I had marked off to you? Yes once as I was passing.

Ihakara Tukumaru – sworn – Xd by Mr. Buller.

I belong to the Ngati Raukawa and live at Manawatu. I know Parakaia. I know the Paretao. I lived on Awahou first at the time of Haowhenua (1836). I did not see Parakaia there then.

(Discrepancy in evidence).

Xd Mr. Buller.

After Haowhenua we lived at Himatangi. Parakaia and us, then we all came to Paretao and lived. We lived on Paretao one year and then divided. Parakaia came to Otaki, the others to Himatangi. I and my party lived on Awahou. Parakaia used to come to us as a visitor.

The first hapu that lived on Paretao was mine, the Patu Kohuru. Paora Pohitiraha was my opponent. We always quarreled about the eel ponds.

After the separation, Arapata was the first man to come back to Paretao, Wereta joined him. It was about the time of the Kuititanga.

Wereta, Arapata, and Hakopa continued to live permanently on the block till the time of the sale. Paretao was not reserved when we offered the Awahou. In consequence of Wereta’s opposition the reserve was made. I consented. When the money was being divided I stood on a table and said, here is £100 for Wereta for Paretao but Wereta refused it.

Parakaia was opposed to the sale of the Raukawa land. There was only one Parakaia that I know of.

Xd by Parakaia

Do you know the year when the Awahou was sold to McLean? No.

Did you see the deed of sale of Awahou? Yes (produced) this is it.

Did you see me there? You may have been there.

Did all Raukawa consent at once to sell Awahou? They did.

When we had the great meeting before Mr. McLean, did we consent to the sale? You did not, but afterwards you consented.

Was it a year after the meeting? Yes, one year.

Was there not another large hui to whakahe you? Yes, when the money was taken in Governor Brown’s time, when you consented to the sale.

Was not I a chief there? No, you were a tangata of Nepia, he was the chief.

Who lived at Paretao? Hakopa, Arapata and Wereta, these were all.

Had Arapata a house on the block? Yes, he also lived in Kuha’s house.

Had Kuha, Arapata, Te More, and self houses there? Yes, those are the houses of those who lived there at the first.

You said I only lived there one year is that true? Yes you then returned to Himatangi.

Did I not cultivate at Awahou? Yes in that one year.

Did I not fill a clearing at Raumatangi? Yes in that one year.

Where were Wereta’s cultivation at that time? He was at Rangitikei, Arapata was in occupation of Paretao.

Where was Arapata’s cultivations? At the same place as yours.

After the Ngati Raukawa came from Taupo, how long was it before they came to Manawatu? In 1828 you came here in 1830. There was a fight between them and Ngati Awa, in 1831. You and we lived at Himatangi in 1832. You and we came to Te Awahou and part of us lived at Himatangi and part at Awahou, until 1840.

Who lived at Awahou, you, or you and us? We lived at Awahou, you at Himatangi.

Did you and we karakia at Paretao? Yes, but the kainga was Himatangi. We moved about from one place to another, you lived at Otaki and visited teMaire and Himatangi. I lived at Awahou and visited Awahou.

When we had karakia at Paretao did you wee Wereta there? Yes he was there.

Did you and Mr. Buller not write to me about arbitration? I forget.

Xd by Mr. Buller

When were the four houses mentioned put up? They were put up after Haowhenua, and were standing at the time of the Kuititanga.

When Parakaia was holding service who was in occupation? Wereta.

Mirika Hinewahi – sworn

I belong to Ngati Teau a hapu of Ngati Raukawa. After Haowhenua Parakaia Te Kuru (my father) and us came to Manawatu. We went to Oroua, staid there, and made a clearing at Te Kirikiri near Himatangi. When the clearing was made Parakaia and Ihakara’s father came back to Otaki. After we had planted our clearing, Parakaia, Te Kuru Hakopa, Kuha came and lived on Paretao. This was after Haowhenua but before the Kuititanga. At Raumatangi we made a clearing near Paretao, burnt and planted it. The food grew and was dug. We planted a second year on the clearing.

The Patukohuru were at the time at Awahou. Arapata had not begun to live at Paretao at this time and Wereta was at Taupo, in the third year of our occupation Wereta came back from Taupo and planted at Rangitikei. The whole of us were in the habit of moving about cultivating a little in one place and a little in another. Parakaia and we left before the Kuitianga. We were living at Paretao when Mr. Hadfield came.

Am not quite sure whether he came before or after te Kuititanga.

The houses on the land were built by Parakaia, by Te Kuru, my father, by Kuhu and Hakopa and Te More.

After Christianity was introduced we commenced to move about and Te Kuru was the one who staid on Paretao and cultivated at Hurihangataitoko. We did not see when Wereta came from Rangitikei. He first lived at Paikawau and Kutikutirau. Wereta came to Te Paretao to be near Ihakara – hei kai karakia and lived in the houses we had made. Wereta is a near relative of mine. When land purchasing commenced, Ihakara offered Awahou for sale. Nepia, Parakaia and others objected to the sale.

Xd by Mr. Buller.

Parakaia is my husband. Pitihira was a son of Kuru’s.

Adjourned till tomorrow

Horowhenua land claims are heard by the Otaki sitting of the Maori Land Court.

Saturday 14th March 1874

Place – the same Present – the same

Succession

Section 10 Foxton

Claim Read – copy of C. Grant produced dated April 20th 1863. Patihona Poueke and others claim to succeed Keremeneta.

Hariaua Keremeueta – sworn

I knew Keremeneta. He is dead. He has been buried one year and 8 months. He died at Foxton. I was there when he died. I was at the funeral. I am the widow of the deceased Keremeneta. He has one child alive – named Hurupae Hepinia. Keremeneta left a will by which his land was left to his two children. It is I believe attached to the grant and with the Reverend Duncan. Part of the land he had sold the remainder was left to his wife and children – one died. The remaining child is a girl and an adult.

Objectors challenged. None appeared.

Kurupae Hapinia

I know something about the will. I do not know that my mother was in it. I alone should be in the Testamentary Order. My brother is dead. I am the only child of Keremeneta alive.

Testamentary Order in favour of Hepima Kurupae subject to agreement handed in.

Turangarahui 81,ac, Wera awhango

E. T. Woon – Interpreter

I went on to the ground as instructed by the court together with Horomona and other claimants. They took me to 3 clearings on the land – unmistakeable evidence of cultivations there years ago – pointed out several karaka trees. All persons admitted were Aperahama Te Ruru’s ---- the clearing in the bush were the places where he cultivated and lived. Horomona Toremi showed me his boundary which takes in fully 2/3 of the block.

Takitahi who also set up a claim, I followed her to where she claimed and found that her claim was outside the boundary and she told Hare Wirikake that she had not surveyed the whole of his land.

I found the pegs went along the line to N.E corner to where Pineaha claims and formed there a natural water course at that boundary where Pineaha claims. The majority of the natives present said that watercourse was the boundary between Parakaia’s land and Pineaha’s. Pineaha tried to point out a place on this land where he was born but failed to do so to my mind.

Taketahi said – what the interpreter said about the karaka trees is correct. I say that the boundary shown on the plan is that between my land and Aperahama’s.

Pineaha said – the interpreter has stated what took place yesterday. What I said yesterday about 2 chains within the boundary of the land shown on the map.

Horomona said – I wish Wirikake to admit Maka Unaiki and others then my claim will cease.

Hare Wirikake said – I admit the names I have put inonl.

Horomona Toremi – sworn

44 years have I had a right over this land since the treaty of Waitangi. I have cultivated there 3 times perhaps. I have lots of other land.

That is all I have to say. That is my land and Aperahama’s is his.

Hare Wirikake xed by court

Aperahama Te Ruru was my uncle. He is dead. He has left no children.

There are witnesses who can remember the word ofAperahama to --- respecting this land. I did not see Aperahama’s death. I am not clear about Parakaia’s claim. It is outside of this land. Aperahama said he would give me all his land according to native custom

Hururoa said – when Hare Wirikake came from the Bay of Islands to Aperahama and me – he said you have no child to succeed you. I said you are – come and I will show you the boundaries.

We went to Waiwiri and showed him the land there to Poaka, Kipa, Hare.

Aperahama said when I am dead – Turangarahui should be for them and Hare Wirikake will be the head. Winara is another. Aperahama said that a part of the land was to be given to Pukehi – that is all I heard.

Eunaiki Parata said – I wish my name inserted to the grant because Iam a near relative of Aperahama.

The claimant here left the court claim passed over.

Court adjourned until 10 am on Monday.

Monday June 2nd 1873

Place – the same

Present – the same

The crown agent said an arrangement had been completed with Wi Parata whereby the crown would be satisfied. A line had been fixed upon at an iron peg a few chains to the eastward of the Trigonometrical station at woods fence and an angle of 270 degrees east summary to Tararua.

Wi Parata said I have heard the statement of Mr. Wardell the crown agent and I on behalf of the Ngati Awa tribe accept that line as the boundary between the Ngati Awa tribe and the crown.

The court complimented Mr. Wardell for the satisfactory manner in which this arrangement had been completed.

The court decided to make an order for the Ngati Awa tribe to other parties a list of whose names Wi Parata will supply.

Case adjourned until tomorrow.

Court adjourned until 10 am tomorrow.

Tuesday March 10th 1874

Place – the same Present – the same

Court adjourned until 2 pm to give the natives an opportunity of arranging their claims.

At 2 o’clock – the court resumed.

Mr. Booth said that in pursuance of the suggestion of the court he had been able to arrange matters in part between Ngati Huia, Ngati Kauwhata, Ngati Turanga and Ngati Pare and that if the court would adjourn until tomorrow he felt ----- that this portion of the block could be amicably arranged.

Court adjourned until 10 am tomorrow.

Friday March 13th 1874

Place – the same Present – the same

Wairarapa – continued

Meretini Cook – sworn

I live at Manawatu. I belong to Ngatiraukawa.

I know the Wairarapa block of land. My ancestors and my parents are the owners. It belongs to my hapu – Ngatituara and Tuhourangi. Hape and his people.

On the arrival of my ancestors here with Ngatiraukawa, my parents divided – some Ngatiraukawa went to Heretaunga – Napier and Te Rauparaha and my parents came here. They desired to come here because of the number of whalers which visited this place. They wished to obtain powder and other goods. They did not come under the authority or protection of Te Rauparaha. My ancestors and parents had authority – arrived here – my father and Te Rauparaha killed the people on this land. My father was not a slave that they should direct him. This land was conquered by Te Rauparaha.

I have a claim to this land therefore – my hapu’s have remained permenantly on the land. I removed to Manawatu because of my marriage with a white man. I said to my pakeha, let us go there and let over land at Manawatu so that we may be free to come here on to this. Mr. Cooke did not consent. I have repeatedly asked my children to come here but they would not consent.

Rakapa said that this is the authority and that she has cultivations there. It is not correct. It is a lie. That is all I have to say.

Karipa – sworn

I live at Otaki. I belong to Ngatituara and Tuhourangi.

I know the land called Wairarapa. This land belongs to me and my ancestors to Horohi and Hurai also my parents Piripi. I don’t know Ururoa, Matene, Tamehana, Poria as living on that land.

Ururoa’s kainga is Te Rahui.

Te Rauparaha and others were living at Kapiti and Porirua and Wairau. Those were the places he lived at. Did not live at Wairarapa. Had he lived there, he may have called it his kainga. Wairarapa was my prarents and now Ngatituara and Tuhourangi are the people who live permanently there.

Our land is all this (pointing on the map) here our fathers caught ----.

Arapere said – I have nothing to say.

Hape Te Horohau said – this concluded the evidence on his side.

Adjourned for Matenes’s address.

Takapu No. 1

Ordered that in pursuance of the judgement given on the 11th March last that a memorial of ownership in favour of

Hapi Te Rangitewhata, Hohua Te Ruinui, Te Karatia, Te Oti Herei Te Hora, Hohaia Te Pakau, Nepia Te Rau, Honi Wahia Hakaraia, Tuhere Kiriona, Tia Te Rau, Witorihana Rupuha, Te Kooro Taharakau, Te Kiriama Kaiaho, Hunia Matenga, Te Hopa, Wairau, Moihi Te Humu, Akuhata Te Kapukai, Apera Te Tewe, Ngatio Te Ngaru, Matene Manuniowaka, Mihipaka Taterea, Puhiwahine Manahera, Tamara Te Hape, Ngehorihori, Ruriana Ngapuke, Iripapeti Matiu, Areta Te Popo, Meakaringi Popo, Hakiaha Paketene, Hare Teimana, Parekaurau Menehira, Pia Kakaria, Rangiwhata Matenga, Te Kapa Te Karaha, Maikora Taia, Kireona Whamara, Ahenata Hapi, Te Watere Te Karaha, Taia Rupuha, Kita Hamane, Henare Korouaputa, Te Houiana Ngapuke, Te Hanara Te Tewe, Te Manahi Hina, Hakaria Te Weraamahuta, Menehira Te Ngaropa, Te Popo Hoia, Tamihana Te Hoia, Karepa Te Kapukai, Karanama Te Kapukai, Nikorima Te Haenga, Poni Wahio Te Rakumia, Kapo and Te Hutana

Takapu No. 2

And that memorial of ownership in favour of

Karanaina Whawha, Watene Tiwaewae, Roera Hukiki, Wharetine Tuainuku, Te Hitau Tuainuku, Ngawiki Tuainuku, Hare Wirikake

Wairarapa continued

Matene Te Whiwhi addressed the court for the counter claimants.

Hape Te Horohau addressed the court for the claimants.

The court said that all the evidence had been heard and taken down and that at a future day it would announce when the judgement would be given in this matter.

Turangarahua

Hare Wirikake said these are the names in whose favour the order should be made

Hare Wirikake, Maka Pukehi, Winara, Waretini and Te Ranginui

Horomona Toremi said in this land a large number of claims have been included and we have never been consulted.

Pineaha said – I wish to go and lay off my piece in this land.

Hare Wirikake – I am prepared to show that these claims are not included within the land described on the plan.

The court instructed the claimants and counter claimants to go on the ground with the interpreter and surveyor.

Harurunui – a7 – r3 – p0

Hakarai Te Wera – I recognise the land described by this plan. It is outside the township on this side of the Otaki River. There are two other claimants with me – Hakaraia and Metera. These are all.

Our right is by occupation without interference for a long time – very many years. I live now at Porotawhao. I went there about 4 years ago. Nobody disputed my occupation of this land years ago.

Objectors challenged.

Teimi Ransfield said – I have brought this land from the parties. Part of it is mine and granted.

Wyles said – I made the survey of this land. I have complied with the instructions of the ----.

I have a claim for survey amounting to two pounds £2.0.0

Court adjourned until 10 am tomorrow.

Monday 16th March 1874

Place – the same Present – the same

Weraawhanga or Muhunoa

Claim read – tracing produced of Weraawhango

Hare Wirikake – I claim land at Weraawhango. I recognise that as the plan of the land which I claim with some relations – Roera Hukiki, Karaiama Whawha, Te Puke Te Paea, Waretini Tuaemuku.

There are many others but these are the principal people.

The court announced that the land now to be investigated would be from the sea side of Weraawhango to the mountain.

Objectors challenged

Hema Te Ao, Rapariere, Ropata, Pene Arama, Makereta, Te Katene, Patoropu, Kipa Te Whatanui, Ihipara, Tamihana Rauparaha

Roera Hukiki said – I object to Hare Wirikake being on any portion of this land. These are the boundaries of my land now under investigation – begin a Whareaho – Kuratau – Te Wii – Te Poa – Aruhetakaka – Kauangatahi Waieruhe – Weraawhango – Puketawai and follows the Horowhenua boundary to the mountain turns it meets Hare Hemi’s boundary of Ohau Block thence to Pukeatua Ohau River to the commencing point.

Te Ao said these are the boundaries of my claim. I claim over the whole of the land described by Roera.

Roera Hukiki said these are my witnesses

Eruera Te Hiapo, Rutu Roera, Kararaina, Watene, Waretini Tuainuku – I am the first – sworn

I belong to Ngati Raukawa. Hemua is my particular hapu. I live at Muhunoa.

I claim the land I have described.

Shortly after Ngati Toa migration, Ngati Toa had been here for many years. My father and Te Whatanui arrived and Te Hukiki and Wharepakau and Ngarangiorehua. The name of this migration was Te Kariritahi – arrived at Kapiti – came to see Rauparaha, Rangihaeata and others of Ngati Toa. Chiefs of Ngati Toa assembled; something was said about Ngati Raukawa hapu’s – viz – of Rauparaha and Waitohe. Waitohe said, “If you return to Waikato, bring my tribe back with you”. His hapu’s were Ngati Kauwhata, Ngati Wehiwehi, Ngati Werewere, Ngati Parewahawaha, Ngati Huia.

Whatanui, Nepia and Wharepakakaru returned - went back – Rangihaeata and other Ngati Toa came to say good bye. Waitohe said, “Will you be able to bring my tribe”? My father was the only one who replied. Other chiefs remained silent. He quoted a Maori proverb relative to Tuaranuiopaea. “My back is strong to carry them”. A description of the land was then related to these hapu’s – those named previously by me.

Waitaheke was given by Ngati Toa through Ropata to Ngati Kauwhata. Waikawa to Ngati Wehiwehi. Rotokare to Hukiki. Father Paetonga to Te Paea. Porotawhao to Ngati Huia. Horowhenua to Te Whatanui. These are the lands Waitohe said to bring the tribe here to occupy. They went to Taupo and the hapu’s there were assembled. They consented to come here. They came, their coming was called Te Hekeuririnui.

All Ngati Parewahawaha and Te Kahuhara – brother of Tuaenuku came. On arrival here, Ngati Toa sang a song – Kahuhara and party returned – then all Ngati Pare came – went to Kapiti. This part was occupied by Ngati Awa. Ngati Awa fed Ngati Raukawa. Other Ngati Raukawa migrations came and lived amongst Ngati Awa and cultivated together.

Haowhenua fight then commenced. After that, Ngati Raukawa returned again. Rauparaha and other Ngati Toa came from Kapiti to ask them to remain. They overtook them at Ohau. They remained at Ohau and then this side ofOhau was allotted to Ngati Pare thus was the second allotting of the land.

My parents then occupied Rotokare with all my hapu. They remained permenantly there. They were livingthere many years when my particular hapu went to make a clearing in the bush called Te Aruhetakaka. They left Rotokare and occupied Te Aruhetakaka extending to Whareao. They lived there many years.

Ngati Raukawa and Ngati Awa fight – Te Kuititanga fight took place – in 1839.

My hapu’s formed in this fight. After the fight, I went to Muhunoa. I have occupied up to this time from 1840 and I am there now. Nobody has ever during all this period disputed my right to this land. In 1848, I let this land – all of it – from Rotokare. I allude to the seaward block. I let it to Hector MacDonald in 1858. I let it to somebody else – that pakeha has gone away. In 1859, I let it again to MacDonald. In 1860, I let it to Nicholson. In 1868, to John Knocks. No person ever interfered in any way with my letting of these lands. Up to 1874, I have sheep running there undisturbed.

This evidence relates to the lower Block. Now I begin with the upper land. At Whareao, I have a cultivation. It was mine and my fathers. Te Kirikiri I have a cultivation, at Te Awamate, I have a cultivation. The persons who felled the trees here were Kanawa, Patukino, Tamaianewa. The children of those old men are living.

Te Aruhetakaka was Tuaenuku’s and others at Kauaepango – Whareiaia cultivated there – Te Wherawhango – Patukino and others caught birds there. I had a saw pit at Weraawhango – Pukeatua - I used and extending to the mountain. I admit as co claimants – Roera Hukiki. I admit all the hapu called Hamua – Mereana – Kararaina Waretini, Rumaki, Ani Matenga, Ngauriki, Te Hitau and others which I will write out – Tuaemuku, Hoani Kuiti and Te Koroneho are also co claimants.

Xed Hema Te Ao

Was Te Kariritahi the first Ngati Raukawa migration? I did not say it was.

Was Kareritahi before Hekewhirinui? We are young people and can’t say.

What year was Hekewhirinui? Previous to Haowhenua.

Do you know the migrations of Ngati Raukawa? I am clear about those I have given.

Had Ngati Toa the right to allot the land when it was full of people? They had to those to whom it was allotted.

Do you say you had undisputed possession until now? I do.

Have you seen my parents occupy this land? No. You have only commenced a claim in 1863.

Have you not seen my houses, peach trees and burial grounds at Muhunoa? I have told the court that you have a place at Patukino.

Do you say I had no right to this land before 1863? I have not had the places you cultivate.

Did I not interfere with your leases and sales? No.

Did we not dispute at Te Aruhekakaka relative to the letting of the land? I do not know.

Where did the boundary of your land commence which you sold to Dr. Featherstone? The land Hukiki sold to Searancke commenced at Peho. There are papers to speak of this sale.

Did you not exclude my claim from that sale? No because the first money Dr. Featherston paid was £50 on Weraawhango in the middle of the block claimed by you.

Did I not interfere with the lease to Knocks? I am not clear about your interference.

Eruera Te Hiao – sworn

I belong to Ngati Raukawa and live at Otaki.

I know the land before the court. It belongs to Hukiki according to native custom. I claim with Hukiki over this land. My occupation commenced at Rotokare very many years ago. Shortly after Haowhenua and extended to Te Aruhetakaka. Aruhetakaka is bush land. Our hapu’s felled the bush there. I cultivated it for food up to the year Bishop Hadfield came. It was up as far as Mangaohau. Weraawhango is inland to this and when the church was established I came to Ohau and left Roera there. I visited there for several years. My cultivations ceased at Mangaohau. My relatives sisters crossed to the other side of Mangaohau.

Between Mangaohau and Te Aruhetakaka, I have never seen any cultivations of Hema Te Ao. After this time when I used to go there I saw Hema cultivating on land given to him at Muhunoa by Patukino.

I still visit this land. I have no more to say.

Xed by Hema Te Ao

Before you lived at Ohau, which way did you go? I said I lived at Rotokare.

You said you never saw me or my parents on this land? No. I repeat it.

Have you heard the name Te Poa? I have.

Was not Poa the reason why this land was given? I never heard of it.

When did you cease to live at Muhunoa? When the church was established.

Were any of my relatives living on the land since then? Yes. I have seen them living at Muhunoa, the place given by Patukino.

Roera – sworn

I belong to Hamua and live at Muhunoa.

I know the land before the court. We have cultivations extending over this land. I have been in dispute with Kaperiere and a boundary was laid off commencing at Wahareao. Waretini and others were on my side. My cultivations extended to one end of Kauaepango. Kauaepango is partly mine and Hare Hemi’s where Hema has a right.

I cannot point out the place. That place was the boundary between me and Hare Hemi’s father. Hema was afterwards. The river Mangaohau, was the boundary between us and Hare Hemi and extending to the mountain – previously we commenced at Tarare now we begin at Pukeatua. Kaperiere and others have a right to that part. I alluded to as Hare Hemi’s. I have lived on this land ever since I was a child. It is my permanent place of abode.

Any claim Hema may have is through Patukino. The gift was about ¼ acre within our cultivation. I cannot give the nature of the Kararaina’s claim to Weraawhango. She claims through our parents. The claim she surveyed is jointly ours. We admit her claim over the land with us.

Xed by Hema Te Ao

Have you not seen me working at Kirikiri? That was a place I gave you for kumara cultivation.

Have you not seen my houses at Kirikiri at the present time? They are within your claim and Hare Hemi’s.

Are you clear that they are within Hare Hemi’s? Yes they are.

Did you not see me cultivating at Kauaepango? Yes, through Hare Hemi.

Who gave a portion of land to Hare Hemi? I do not know.

Is Hare Hemi first and I second hire? Yes. You were. Afterwards and your claim is through him only.

Do you know when Te Poa died? Yes but I don’t know anything about the man.

Was it not through Te Poa this land was given to Ngati Raukawa? I do not know.

Have I not a sheep pen there? I don’t know anything.

Court adjourned for an hour

At 2 pm the court resumed.

Kararaina Whawha – sworn

I belong to Hamua hapu.

I know the land described on the tracing. I claim it through Te Kanawa on my father’s side and on my mother through Aperahama Tuaenuku. The boundary of Aperahama’s claim at Muhunoa commences at Kaingapipi extending to Ngakoao thence to Kawai. I cannot point to Kawai thence by Muhunoa thence to the stream Mangaohao then goes this side of Kauwaipango thence near to Parikaurau then it arrives at Te Tahuopitoitoi then crosses the Ohau River and reaches Tarare – the southern side of Tarare and then straight to the mountain. These boundaries are of Aperahama’s side and my father’s. Aperahama was brother to my father dividing between Rotokare to Te Aruhetakaka is the claim through Te Kanawa.

I give evidence on the side of Hare Wirikake not only for Weraawhango but for all the block I have described.

Aperahama and Tuaenuku both lived at Muhunoa. I will not hide from the court, Hema’s cultivations on this land. My father cultivated at Te Aruhetakaka. Roera and his party also cultivated there. Hema has cultivations at Muhunoa. Any dispute, Hema and I had relative to Weraawhango during the time that he was at Kingiti – Weraawhango is included in my claim through Aperahama.

It is only lately that Tarare has been returned to Hare Hemi. My parents and Hare Hemi have disputed in times past about Te Weraawhango extending to Tarare. This dispute was after the dispute of Te Tahuopitoitoi. It was ended by the word of Nepia and Kuruhou the boundary was fixed on this side of Tarare.

Xed by Hema

Were you not called by Roera as a witness? I don’t know.

You admit me on this land? I admit you on accord of your cultivations.

Do you know what my claim on this land? You can tell that yourself.

Te Watene Tuwaewae – sworn

I know the land in question. I have no claim on it. My parents do.

I speak of Muhunoa where I have lived. I say it is Hukiki’s. The other portions up to the mountain and down to the sea are Hukiki’s. Hukiki’s particular claim commences at Rotokare extending to the mountain. I speak of the places I have seen myself and used as cultivations by Hukiki’s people. Hukiki was the first who sold any of this land to Mr. Searancke.

Mr Booth said – he had copies of agreements between Hukiki and Searancke for the sale of land in this locality and of receipts for monies paid thereon.

I am acquainted with Hema’s claim owing to his cultivating there. I have seen Hema’s cultivations. They were not of any great extent.

Roera Kararaina and others who hve spoken have claims and they are clear and defined so is Hema on the places where he has cultivated.

Weraawhango is a continuation of Muhunoa – boundaries as then on the plan are not old ones but were laid off by Hema. When the land was sold by Hukiki, I had been some time at Muhunoa when an arrangement relation to boundaries took place between Hema and Hukiki but this was not an old one but a modern line. I am not acquainted with the boundaries but I have heard of others. This arrangement of boundaries took place at Te Kirikiri. It is possible to point out at the present time Hema’s cultivations.

Xed by Hema

What year did you come to Muhunoa? In 1847 I came to Kapiti.

Did you live at Muhunoa? Yes.

Do you know who were living there when you came? Yes.

What are their names? Hukiki, Te Ao Patukino, Tamaianewa, Te Kanewa.

Did you see Aperahama cultivating any of this land? I have heard of and have seen his cultivations.

Did you not see Aperahama when you were there? I did see him when he came to preach.

Point out the place on the map where Aperahama cultivated? He cultivated at Pukaingatare.

Was that the only place he cultivates at? No, at Weraawhango and outside the block.

Was this up to the time of his death? Yes and previous to his death he pointed out to his nephew his portion. I do not know what year this was in.

Was Aperahama’s claims admitted at the meeting at Kirikiri? I have not heard.

Who is Te Ao whom you have named? He is a chief of Ngati Pare and your father.

Tuaenuku – sworn

I belong to Hamua, Ngati Kikopiri, Ngati Parewahawaha and Ngati Huia.

I live at Muhunoa. I know Muhunoa.

I substantiate the statements made by Roera. This land belongs to us through Te Kanawa. The claim through Kanawa commences at Kaingapipi thence to the bush thence dividing Ngakoa thence to Kaweri thence along the bottom of Muhunoa, Kauangatahi, Tahu-o-Pitoitoi then lines to Tarare. The land to the south of the boundary named by me, sketch drawn by Witness showing the land to the south to be Kanawa’s and on the other side Aperahama.

I claim with Roera through Kanawa. My father cultivated on this land Rotokare as did Hukiki extending inland to Te Aruhetakaka. There are people in court who cultivate there.

The claim from Te Aruhetakaka downwards to Rotokare is this Te Kanawa. My claim to Muhunoa is from Aperahama and Tuaemuku. That land was given by Aperahama before he left for Otaki to Tuaemuku. The first person who fixed the boundary there was Te Paenga. He was the person who looked after that boundary. Some persons who set up a claim there do so from Aperahama.

Hema Te Ao has a claim, his father cultivated there. I do not know by what right he was there.

Xed by Hema

Who laid off the boundary shown on your map? That is an old boundary between Kanawa and Aperahama.

Give the names of those who laid off this boundary? Aperahama, Ururoa, Poria, Tuaemuku and Te Kanawa.

Do you know the year? No, it was before my time.

Do you say that it is not through Hukiki that the other side claim Muhunoa? I do.

Did Kanawa’s claim extend to the mountain? No.

Did Aperahama’s? Yes it did.

Aperahama cultivations near the mountain? Yes they had at Pukeatua.

How many years did Aperahama cultivate the mountain side? I am only a boy.

Who objected to Hukiki’s sale – were you one? Yes.

Was your objection heard by anybody? No it was not. I was not a party to the sale.

Court adjourned until 10 am tomorrow.

Thursday 12th March 1874

Place – the same Present – the same

Rangihiwinui

Nerehana said the division should be in two and not in three.

The court said that was its decision.

Kararaina said I expected one third of the land.

The court said they must agree and the original order for one memo of ownership must stand.

Wairarapa – continued

Matene Te Whiwhi – sworn

I see the tracing of the land. This is my land.

After Ngati Toa left Kapiti and come on to the mainland – some hapu’s of Ngati Raukawa were located at Te Rahui. Rahui is thus (Otaki), side of Wairarapa.

In the morning, Rangihaeata ordered certain houses at Rahui to be burnt. This was done. It was then a large meeting of Ngati Raukawa – upwards of 400.

We went to Rahui. Te Rauparaha stood up and said listen all Ngati Raukawa, the boundary is Otaki – Te Rahuia for Ngati Huia extending to the mountain. We then crossed over the river to Wairarapa. On our arrival there, Rangihaeata named the place Te Takapu for himself and Te Rauparaha. It was understood Ngati Raukawa were to be on this side and the other side to Kukutauaki for himself and Rangihaeata because the grandchildren of Te Kiripaeahi – sister of Te Rauparaha were killed at Waikanae and brought to the mouth of Otaki river and cooked in an oven and eaten.

That part there extending from the mountain to the sea was made sure to Te Rauparaha. After a resident of some time at Wairarapa – Tuiorau – a sister of Te Ak---- and aunt to Tamihana came to Wairarapa. Ngati Kikopiri hapu also came. Tuhourangi also their work was letting. They leased the landand caught kaka’s and birds which they gave to Te Rauparaha.

Afterwards, Rauparaha went to see Rangihaeata asking him to give his consent that certain totara trees might be cut down and made into canoes. The canoes were made and called Ahikakariki and Parinuiowhiti. There were two others called Waikahua and Waikatohu. One – Waikahua was given to Tararoa of Otakou. Taiaroa gave in return a mere pounamu called Tuhiwai. The mere was given by Te Rauparaha to ------ --- where he was captured.

The old rangatira of this land was called Kiore-a-Muaupoko. This man was captured and placed by Rangihaeata at Wairarapa to look after and take care of the land.

That old man lived there as directed and the grandfather of Kawana Hunia came. He had a desire for Kiore’s wife. Kiore was killed and the woman was taken away as his wife by this man.

Afterwards, I lived permanently at Otaki. Ngati Raukawa had not arrived. Then Ngati Raukawa arrived. Now came Haowhenua. The fights commenced between Ngati Awa and Kau---, Te Heuheu, Ngati Maniapoto and Waikato tribes also arrived at this time – fighting three months – peace was made and Ngati Raukawa returned to Mangatautari – Rauparaha accompanied Ngati Raukawa – his mind was dark. My mother Topiora also went. I also went.

A canoe went to Kapiti after we had gone. Rangihaeata, Tungia and all Ngati Toa heard of this. Rangihaeata and 30 others followed them. The canoe came in the night. At dawn of day they reached Ohau. Orders were then given by Rangihaeata and other chiefs.

Ngati Raukawa return – they returned and lived at Otaki. It was then that Ngati Raukawa dispersed and lived at Ohau and other places. I say that Hapi Te Horohau and his party must follow behind me. That is all I have to say in this.

Xed by Hapi

Do you dispute my authority on this land? Yes. I do. I am the rightful authority over that land.

Are you not aware that I am the person who has had the direction over this land? I don’t know you.

Are you not aware that I have occupied this land for 49 years? You are living without any right. When Tamihana went to England, I laid off a boundary between Waha-o-Temarangi and Wairarapa. This is a permanent boundary and I did not see Hapi there at the time.

Are you not aware that Piripi was the person who contended with Ngatipare about that boundary? Yes. I know Piripi, Ruapuia, Ururoa and Poria.

Pipi Kutia – sworn

I will relate the history of this land which Matene has omitted.

Any claim that Hape and his people may have to this land is through our (Tamehana’s) mother and they must follow behind us. The reason they occupied Wairarapa was because Rauparaha ordered them to make certain canoes. My uncle Te Huira was a clever man at carving. Rauparaha wished him to carve the canoes. The land was Rangihaeata’s. The canoes were finished and given to Rauparaha. Rangihaeata and Rauparaha lived peaceably. Any food that people got off the land was given to Te Rauparaha and not to anybody else. The foods preserved in calabash were given to Rauparaha and gave them to Rangihaeata.

At this time I was Rauparaha’s wife, also the Upokororo’s, the trout and the snared birds which were snared on the mountain were given to Te Rauparaha. Therefore I say, Ngati Pakau and Ngati Tuara have no right. The persons left by Te Rauparaha on this land are Poria Kawana, Ururoa and Piripi Te Rangiatatua. These were left in charge of the land.

Makaora Horohau was ---- the Arawa country and accompanied us in our first migration and took fight at Muaupoko and was back again. Makaora Horohau is Hape’s father. Rauparaha had no confidence in this man. Piripi was left at Wairarapa.

Rauparaha and Rangihaeata are dead.

All this land from Wairarapa to Kukutauaki was reserved by Rauparaha and Rangihaeata. The other part of the country was taken up by Ngati Raukawa. These people did not dare to deal with the totara trees on this land without the consent of Tamihana. Totara used in building the mill was consented to by Tamihana also for the church. These people made houses of the trees on this land and were paid by Te Rauparaha in foods. Up to this time Matene, Rauparaha, Rakapa and I have authority over this land although I am married to a man at Manawatu, I have authority over this land. I am old and grey head and I have told the truth.

Xed by Hape

Do you dispute my authority over this land? Yes.

Did Ururoa and Poria come together at the time of Tuhourangi? Yes. They were one they were all Ngati Raukawa.

Did not Rauparaha have authority over all the land? No. Part of it was Ngati Raukawa’s but his authority extended over this particular portion.

You said Tuhourangi Ngatituara obtained food fro Te Rauparaha? Yes. They were getting food and food was exchanged by Rauparaha.

You said we made canoes for Rauparaha? Yes.

Xed by the court

You said that these people were engaged by Rauparaha getting birds, fish etc, would they do that now? Yes but they would not do so now. A quarrel has taken place.

Tauroa cautioned to speak the truth.

I belong to Ngati Kikopiri.

I know about the land Wairarapa.

At the time of Haowhenua Horohau came – twenty years afterwards Hape came. I had possession of the land when Hape came. These canoes that I built were off this land. I made them.

My village is the bottom end of Wairarapa. The fences and houses are now standing there. I live in and occupy those houses. We were going to build a mill at Waimanu. We commenced the dam. There was a jealousy arose with Tamihana about this. He seized the planks and we gave up and we did not build the mill there. There was a dispute about Wairarapa.

Hakaraia was sent for. A boundary was laid off from Tarenuiauhiti along Wahanui o te Marangai to the mountain. This was laid off to establish a right to see if they would interfere with it but no fear – they would not. This boundary has never been disturbed. There is a Rimu tree – the boundary is so fine that they cannot snare birds on the branches that overhang it.

At Tuapaka there is a tree the boundary between us and Ngati Pare. Te Poria and I were the only persons who went to catch birds on this tree.

Xed by Hape

Are you not aware that Horohau came at the time the land was conquered? Yes. He came and became like a coward.

You say that is your land? Yes. Your father’s hands were not it.

Are Ngati Pare aware that this is your land? Yes. They do know.

You say you went to Tuapoka to pull up the food was not huia the principal man there? There were no principal men but Rauparaha.

Were not you and children expelled from that land? Do you think you were able to do that? No.

You said you had cultivations etc at Wairarapa. Is it true? Yes I have.

Court adjourned for an hour.

At 2 pm the court resumed.

Hoani Te Okoro – sworn

My claim is the same as Tamihana’s.

My title is through Te Rauparaha and my father who was a brother to Rauparaha – my claim is the same as Matene’s, Tamihana’s and Te Rangihaeata’s.

When we came here from Kawhia – the reason for our coming was to the near the pakeha’s --- were a new people. The descendants of Te Akau were killed in carving and making canoes – canoes were built and I went to the other island. The people who made these canoes were paid in fish and other things by Te Rauparaha. Te Rauparaha bartered with different people with these canoes for trade. Things we got off this land which are valued were fish and totara trees which were converted into canoes. Rauparaha had rightful ownership over this land because he used the waters at one end for fish and the trees at the other end for canoes. There was a great demand then for canoes by the people on the other side that travelled about a good deal by sea. Rauparaha always insisted on this land being his. Some of the pa tuna’s about the public house are still in the possession of Rauparaha. Ngati Huia has never had possession of them.

This is all I have to say.

Poria cautioned to speak the truth

I was ordered to go on this land by Te Rauparaha in years past. I have continued in occupation at Waihinau. I have houses and fencing standing of which I am in possession at the present time.

I use this land at the present time for obtaining food. Ururoa, myself and children. Ururoa lives there now. That is our permanent place of abode. The food growing there now – potatoes – were cultivated by my children.

I am moving about just now from one part of the country to another. I have left persons in charge. I move about at the request of Mr. McLean.

Tamihana Te Rauparaha said – he was unable to make a continuous statement and asked leave to read one – leave given – and given to understand distinctly that in the last case (Kukutauaki No. 1), Matene objected to his coming forward to make a statement.

This closed the case of counter claimants.

Hape Te Horohau said – these are my witnesses

Kipihana, Meretini, Arapere, Paramena, Hapi Te Horohau, Karipa

Kipihana Te Keho – sworn

My mother was a Ngati Tuara and my father Ngati Raukawa. I was born at Rotorua. I came here in 1838. I came to Wairarapa. I followed those of my tribe Ngati Tuara who preceded me. That was the reason I came.

The persons who came to Wairarapa were Te Huria, Te Tuahu and Te Horohau. Those persons came at the time the fighting was going on. They came together with Ngati Toa. Rauparaha never lived on this place Wairarapa. He lived at Kapiti that was his place also at the other side of the Straits.

My parents or the persons alluded to by me never saw Rauparaha at Wairarapa up to the time that I arrived and I never saw Rauparaha on the land. The period Ngati Raukawa arrived and occupied this land Wairarapa. He then came across from Kapiti, up to the time that our dispute commenced about this land. I am not aware that Rauparaha, Tamihana or Matene ever disputed the right of these hapus to locate on this ground.

Ururoa and his brother Poria, I know nothing of them. The principal owners on this land are Huirae and Horohau. When Ripia arrived this land had been cleared by Ngati Tuara. When they first lit their fires was at the other side of Wairarapa and Rahui – (place pointed out on this side of Otaki and not on the land in question).

The fence referred to by Ururoa was Tuhia’s and not Ururoa’s – (pointed out).

These cultivations near the river were Ngati Tuara’s, Ngati Pokau’s, and Ngati Tuhourangi. Ngati Tuhara and Tuhourangi have cultivations at Waihinaru – (points out) – Te Purakau (pointed out) is Ngati Tuara, Tuhouranga and Pokau.

Tamihana, Matene, Rakapa, Ururoa or Poria have no cultivations at this place. Waioteauru is a clearing of four. My parents have kindled fires at these places which have continued to burn up to this day.

My permanent place of abode on this block is at Wairarapa. I say that there are about 20 men living here now. Now the boundary between Wahaotene and Wairarapa – this is neither Ururoa’s nor Poria’s. It is mine and Te Waiharo’s and our different hapu’s.

The persons disputing this boundary with us are people of Ngati Pare.

Matene and other Ngati Raukawa chiefs went to try and conciliate these parties. We have cultivations on this boundary. I mean trees on which we snare birds. This boundary has been defined between us and Ngati Pare. Our old boundary wents in another direction across the map lately we have taken it in a straight line to Te Pukehinau. Pukehinau is included in Ngati Pare’s boundary. We allowed it to be so.

About the canoes – it was not by Rauparaha’s authority these canoes were built. He wanted them for his own use. The first canoe – the Ngati Tuara made was Te Ahikakariki. Rauparaha did not get this canoe. This is the canoe which converged – Ngati Tuara and Tuhourangi to Putiki Wharanui to fight. We had a fight. The persons who were killed were brought away in this canoe as food. We went in this canoe again to fight at Kaiapohia. It is not true what Matene and Tamihana said about this canoe. It was Ngati Tuara who went in it on all occasions.

Ngai Tahu were killed and the canoe came back and landed at Porirua and remained there. It was badly secured and broke adrift and was broken to pieces. We returned and remained permanently at Wairarapa up to this day.

Paramena – sworn

I am Ngati Pare.

I have a claim to the land outside this boundary in the Ngati Pare land. The land adjoining Ngati Pare’s land is Ngati Tuara’s and Tuhourangi. This boundary I point to was in dispute between us and Tuhourangi.

I had a place called Reretuaki near Tuapaka marked on the map. I cultivated food there. Te Huirae and Horohau heard of this. They came up there to wait for me. I got there and found they had pulled up my potatoes. There were two whole hapu’s came at that time, Ngati Pare and Ngati Ngaro. Tuapaka is a mountain. They quarrelled there. These hapu’s abandoned this place and altered the boundary to another place. This occurred after Haowhenua.

This boundary was fixed. The boundary shown on the plan had not then been laid off. After the Kuititanga – it was then that this boundary was laid off. These hapu’s then quarrelled about this piece. Hape sent a messenger to Otaki town. We then went to save those persons. We were accompanied by a large number of people of this village. Hakaraia and Matene were with them. We arrived there and this boundary was determined. I do not know that Matene has ever lived there. Ururoa is not on this boundary. I have never seen Ururoa on Wairarapa neither did Poria. The land of Ururoa and Poria is this sided of Otaki. Te Rahui is their land.

My cultivation now is at Waha o te Marangai. I have abandoned that at Tuapaka.

Court adjourned until 10 am tomorrow.

Tuesday 17th March 1874

Place – the same Present – the same

Hema Te Ao said – My witnesses are

Myself, Hare Hemi, Kaperiere, Patoropa, Katene, Ihakara Tukumaru, Ropata Hurumutu, Nopera Te Ngiha

Hema Te Ao – sworn

I live at Ohau – and belong to Ngati Pare and Ngati Toa.

I am counter claimant in the block of land under investigation. I claim from Te Poa on one side and the Ohau River on the other to the mountain, my claim to this land is by gift from Ngati Toa to my parents, ie to Ngati Pare. They are partly Ngati Toa therefore the land was given to them. The death of Te Poa and others at Ohau is the reason the land was given to Ngati Pare by Ngati Toa. Ngati Toa were the first to arrive, afterwards Ngati Whakatere came - afterwards my parents. Te Nihoputa is the name of my parents coming.

At this time this land was allotted from Ohau to Kapiti. Been here some time when Te Puke - my uncle - returned to Waikato, my father remarried at Kapiti. Pehuitaka - a chief of Ngati Tama - was killed by him. Ngati Raukawa as a whole had not then arrived. When Te Puke returned from Waikato then Ngati Raukawa came. Kiharoa, Whatanui and Te Matia were the chiefs of that migration and it was called Te Hekewhirinui.

After this was the Kariritahi, it was at this time that some persons obtained land – the statement that Hukiki was the first is not correct. Hukiki arrived latterly.

Ngati Pare, have the first claim on this land. The first peoples who occupied Rotokare were Ngati Parewahawaha. They built houses and cultivated there. Ngati Pare said that they were there, they went and burnt their house and pulled up the growing food (crops). That land has been sacred because of the death of Te Poa and the others.

Ngati Pare returned from the burning of these houses. They saw Hare Hemi’s father on this side of Ohau, then Wi Piiti levelled his gun to shoot him. Te Puke, my uncle saw and said to Wi Piiti "that is your father". Wi Piiti said I thought he was a Muaupoko. In consequence, Te Puke gave this side of Ohau to Hare Hemi’s father. Hukiki had not occupied that land at the time. Hare Hemi and his father and hapu cultivated on this side of Ohau River. Hukiki never interfered. The other side was left by my parents for themselves and their other hapu Ngati Pare. When they __ there, my father went to Porirua. It was afterwards that Ngati Pare gave the land to Hukiki (From Te Poa to Papaitonga Lake). My father heard that this land was given after he had gone away. He objected to it. He then divided it.

A portion, he reserved and a portion he agreed Ngati Pare should have. Ngati Parewahawaha and Te Mateau hapus were with my father and assisted him in this allotment. Piahana and Ngakuku were the chiefs. Hare Hemi __ hapu occupying on their side. My father remained permanently on this whole block from Muhunoa to the mountain (he lived at Muhunoa and went to the mountains). Together his hapus - others of Ngati Parewahawaha joined him. There was no one chief any hapu greater than Te Ao.

It was been said that my father went through Patukino. It is not true. My father occupied from this time. I have stated until his death. My father died at Otaki. He was latter ill on the land in question in 1853. He had many cultivation on this land. Peach trees are now standing at Muhunoa planted by him, also planted flax on this land and which is now growing. The positions of the houses are known, the remains of plums are to be found at this day. My younger brothers are buried there; my relatives are also buried there. I have a cultivation at Te Kirikiri and my houses are standing there.

I have a cultivation at Te Kirikiri and my houses are standing there and any houses standing there. I have a cultivation at Kauaepoango, I have an orchard there, peach trees and apples trees are growing there at Te Weraawhango flax planted by my father is now growing. I have a cultivation at Te Aruhetakeke. I knew nothing of Aperahama's claim over this land. His place was Otaki. He has no cultivations at Weraawhango. I know nothing of his statement – “That Aperahama was the person with authority on this land”. I have ties on this land a long in occupation with my brothers and sisters.

I objected to Hukiki’s sale to Dr Featherston. I puts in a copy of my letter to the government objecting to that sale. I state this to rebut that portion of Roera’s in which he said no objection had been made to his occupation of or dealing with the land up to 1874. I objected to Mr Kebblers lease and gave notice of my objection the government. Copy of letter of objection put in, I also objected to Mr Knock’s lease.

I put in a letter from Mr Knocks to me, I then allowed the sheep to go the land. I put in these papers to rebut the evidence of previous witnesses. In 1847 I put my own cattle on this land. In 1866 I put sheep on this land no objection was taken to it, (at Te Aruhetakaka) I have horses running at Weraawhango, Whareao and this place named by Roera and others are this side of Ohau and on Hare Hemi’s land. Kirikiri is there also. They have been already dealt with by the court. My father never saw Aperahama on the land neither have I, and I have grown to manhood on it.

In 1862 there was a large committee meeting called a relative to this land by Hare Hemi and Hukiki, I objected to Hukiki together with the majority of Ngati Raukawa. Parakaia Te Poupa presided at the meeting and Hanita and Te Kingi, Te Ahoaho ,Te Wanui and Henare Herekau. Hukiki was objected, my line was adopted. I was to be in the middle of Hare Hemi on one side Hukiki on the other nothing was said about Aperahama at this time.

I never heard his name mentioned, Aperahama was angry with Roera about some money with connected with the sale of some land (none had been given to him), and was only then I saw him at Weraawhango. He went about a boundary. I went to object to him at the time. In 1873 I saw Hone Wirikake at Weraawhango doing something on a boundary but he was surveying. We went to objected, boundary laid sold by Roera and Hukiki – pointed out. My boundary is indicated on the map was pointed out to me by his father. The ridge pole of the church in Otaki was brought from the land in question. My father was aware whose consent was obtained previous to the tree being cut down and brought away. He had authority over the land. Nobody interfered or objected to them. That is all.

Cross examined by Roera Hukiki

You said Hukiki did not come with Kiharoa Whatanui – Ngati Pare, are you sure? I have said so.

Have you not heard the song sung by Ngati Toa women respecting Whatanui and Hukiki? I have not heard.

Did Te Puke and Te Ao come in the Hekewhirinui named? They came with Nihoputa migration.

Which was the first? Nihoputa.

Did Nihoputa come from Maungatautari or Taupo? They came first.

Did Hekewhirinui come by Whanganui?

Was it when Nihoputa came that Ngati Toa gave land to Ngati Pare? That was my statement.

Are you sure that Ngati Toa gave Ohau to Ngati Pare? Yes, because Te Poa died at Ohau and Ngati Pare is a section of Ngati Toa

Do you not know that I am a descendant of Te Poa? You Know all about your relatives.

Was Te Poa the only person who died there belonging to Ngati Parekohatu? I said and others.

Did Ngati Pare and Ngati Toa live on the land? Ngati Pare did, some Ngati Toa did also.

Can you tell the kainga occupied by Ngati Pare? They had no pa kura kainga at Muhunoa.

How many Ngati Pare lived on that land up to this time? I cannot tell they are dead, I lived there, my father lived there and I am a Ngati Pare and Ngati Toa.

Was Te Poa dead before Te Puke and Ngati Toa ascended? Yes, some time.

Who killed Te Poa and his people? Ngati Raukawa did not. Muaupoko did.

Were no persons of Muaupoko living in Ohau district when Ngati Raukawa arrived? I was a child and did not see.

Did you not hear that Papaitonga was lather by Ngati Raukawa? I have heard, but not seen.

Did you not see of a war party headed by Takeri and Paipai to revenge the death of Poa? Poa had been dead a long time, this war party was afterwards.

Were Hukiki and I in the houses which were burnt at Rototane – I stated that you had not come there.

Did Ngati Pare destroy any of my houses at Muhunoa, Te Arutakaka and Werahio? This was a long time afterwards. Ngati Pare had given Hukiki the land.

Did you not hear of a meeting called Whangaingahi relatives to lay my of a boundary between me and Piahama? No.

Were Whareaho and Kirikiri obtains by Hare Hemi? A part of Kirikiri was obtains by Hare Hemi.

Was nothing said there that I was to be one side and Hare Hemi on the other? Ihakara said something about it, but if you are referring to something else.

Did you hear about the dispute at Tarare? I, Yes.

Whose was it? That was about the pigs which were stolen from Hare Hemi by Hukiki.

Who had the greatest authority at the sales? I said that it was Hukiki's sale. I objected to it.

Did you heard of £50 being paid to Hukiki for Weraawhango? I had no notice of it.

Did you hear that Hukiki took £30 when he was at Kohimarama? I know nothing of what was said in Auckland.

Did you not hear of Roera Tuaemuku and Nerehana getting £10 from Dr Featherson? Yes and I have put papers into the court objecting to it.

Have I not sheep, horses, cows, houses at Muhunoa at this time? Tell the court yourself about that Hemi.

Hare Hemi – sworn

I live at Ohau. I belong to Mateao and Ngati Tukorehe.

Kingi Hori, Te Puke gave me my land at Ohau. I came with funeral migration – Kariritahi and Whiriana were only small parties. I came with the third party, when all Ngati Raukawa came. Te Puke and Te Ao did not come with me. They had been here some time and had been back to Maungatautari. In 1830 and 1832 we came over from Kapiti to Ohau to cut flax. The land was not then divided. Ngati Parewahawaha and Mateaho were at Rotokare in 1832. Ngati Pare were outside the boundary. Those helpers came and lived at Otaki mouth and left their houses and food growing.

I and my people were at Ohau. Ngati Pare went, pulled up the food and burnt the houses and said nothing to them, that they meant to do it. They crossed over to Whareau on my block and destroyed an eel pa, Whareao. They had not gone far when they met my father, this is the incident spoken of Hema when my father was nearly shots by Wi Piiti. Puke said to the old man “your land” there it is right up to the mountain.

In 1834 Horowhenua freight began. In 1836 we cleared some land on the other side of Ohau. We had no rights there. In 1838 Te Ao came from Porirua and visits us. My father gave all the land back to Te Ao, this was not a proper gift. We then went to lay of boundary by Muhunoa, this is the boundary between me and Ngati Pare after this. In 1842 Te Ao was located at Muhunoa, he stays there and was in continual disputes up to the time of his death. After Te Ao’s death the land was sold to Searancke, Searancke and I went to Muhunoa. Hema was young then, H Mcdonald went with us also.

Hukiki commenced to talk about the boundary – began at Peho, Tirotirowhatu, Omawhatitu, Ohau, Kirikiri, Parekawau between Whare Porepore to Tarare to the mountains to Otaki river to the sea. I objects to Hukiki boundary and, Mr Searancke did not buy this land, of the money given to Roera Aperahama and Ngati Kiropiri got none of it. Piripi therefore excluded. Kaingapipi. Aperahama then surveyed Weraawhango, it was only then that Aperahama set up a claim to Weraawhango, he had no cultivation there.

Piripi had a place at Kaingapipi where he __ flax. This land was surveyed by Aperahama because of the similarity of a brush of hairs on his head to the creet of the owl, he called it Puru. He had no right to survey there. I was the first who cultivated out at Weraawhango, I gave plums to Hema Te Ao and came this side. Aperahama had none then. We have been continually in disputes about this matter.

Court adjourns til 2pm – At 2pm court resumes. Hare Hemi continues.

In 1842 and 5th July, word came to my father that two pigs were killed, Te Kakahi and Ahuriri had killed them. These were children of Patukino and Hukiki. Whakaripa ordered a letter to be written to Hukiki to his efforts. Friend be angry with your children, to cease killing my pigs - Tuteahukaramu (that is Hukiki). Hotia took the letter to deliver it, the name of the pigs was the same as Hukiki. The letter was taken and put into the pie.

Hukiki then got up to talk. Tarare was then made sacred. Tuterangi – Pumamao was an ancestor. Keremiha and some of us went to court for this pig that was killed. We found two pigs killed and killed two others. One of the pigs was cooked and eaten, the people seen kill this pig was off the land which had them more sacred. A great dispute arose about this. Angry expressions wore by both sides. Ngati Parewahawaha at Manawatu heard of this. They came to Ngati Huia at Porotawhao, and they went to Whatanui at Horowhenua and to Hukiki and Tuaenuku at Muhunoa.

Hukiki was called Ahukaramua, they assembled at Ohau both sides were amidst Rangiuru people heard of it. Ngati Raukawa and Ngati Pare went to the old men Kiharoa, Te Mutia, Matui Roroao, Mohi Te Wharewhiti, Hakaraia and Wi Aperahama, they arrived at Ohau and commenced a dispute, they said put down your guns and war with words only. Hone Tihi got up and persisted they should fight, the dispute was not ended Te Mutia went to Muhunoa and Kiharoa and some others came back.After this they waited that all had come back to Otaki, they eventually agreed to come away, everybody then removed, men, women and children to Rangiuru and had the talk here, 200 or 300 people assembled in the space in front of the church. Rangi, Whakaripa was questioned. He got up and said that he been nearly killed by Wi Piiki and then stated what Puke had said “Your land” Puke confirmed it. No trouble ensued that.

In 1862 I commenced to put a fence on my land on this side of Ohau, my fence was finished and Roera came and cut it up and pulled it down. We put it up again, it was pulled down a second time. We all then went to where the fence was to wait and if they did a third time to resist. Kiheroa heard of this and came on to the pound. He talked to us and advised us to settle the quarrel by words, we consented, another meeting of Ngati Raukawa took place at Kirikiri on the 5th August. It resulted in confirming to me the place where the fence stood, my boundary was the Ohau. Roera to be on the other side and Hema to be in the middle, soon after this Nepia Taratoa sent for Wi Pukepuke to come from Rangitekei to come and adjudicate on this matter also Ihakara from Manawatu, this was Roera meeting since was ended. This meeting consisted of Ngati Huia, we went to Kirikiri where they were Ngati Raukawa about, but did not go.

I was asked to speak about this boundary the __ of it was that the fence that had been cut down __ again made sure to me. I was questioned what side are you? I replied on this side of Ohau, my boundary was confirmed and Hema and Roera were taken to the other side, everything ended peacefully at that time, there were no more disputes between Roera and me.

Told by Hema – Te Ao was at Muhunoa after Te Kuititanga up to the time he died.

Cross examine by Roera Hukiki.

Was it Ngati Pare authority under which you occupied this side of Ohau? It was only at the time my father’s life was saved there.

I heard it was through Te Puke ie Ngati Pare. Do you know when you went to Rauapango to live? Yes in 1836.

Did you not see me at Te Awhatakaka run? Yes we were living together but this land was the peoples.

What year did Te Ao come here? In 1842

Did you give the land to Te Ao then? Yes

Did you see me at Muhunoa when Te Ao lived there? I did, the land was the peoples.

Did not Hukiki sell all that land? Hukiki sale was of the land of other mens that is Ngati Pare, Te Ao’s and mine.

Do you know when Searancke came to lay Muhunoa? I do, I was there.

At the time of the Tarare dispute, did I not get or take all the land? Yes, you took other mens land.

Did you not see me cultivate at Tarare? I have told his counts all about that.

Do you not remember the laying of a boundary between Whaeporoporo and Tarare? This is outside.

Did you remember when Nepia and Karuwhau wents to Tarare? Yes, I do.

Did you object to the boundary when Mr Searancke came to deal for the land? Yes, I objected Wharewhiti went through my land.

Was it not H McDonald with Searancke? Yes.

Cross examine by Hone Wirikake

You said Aperahama has no right to this land, has he not a bit of land? No he had not the objected portion thus.

Why did you come to me and speak about Pukeatua if Aperahama had no right there? I did go to you.

Did you not tell me that Pukeatua had been given to you by Aperahama? Yes.

Who killed your pigs at Weraawhango? Ahuriri and Kahahi.

Through whose do __ Hikake, Tuanuku set up this claim to Muhunoa?

Court adjourned until 9.30 tomorow.

Monday March 9th 1874

Place – the same Present – the same

Takapu – continued

Ihakara Tukumarau – sworn

I live at Manawatu.

I know the land under investigation. It --- on to my land.

The time that land of mine was in dispute between Tuaimuku Te Tahuri and Te Hana, these persons prevented my going on to Horowhenua. We disputed there about 2 totara trees and my boundary was fixed. This was about the period that Manawatu was purchased by Wakefield. I ceased --- to interfere in any way about this land. My totara trees were taken away by Tuaimuku and his children. I cut up these totara trees to prevent the other party making use of them for canoes.

I refer now, to Ngati Huia claim (Hape). Their fires have been kindled on their land for a long period up to the time of court but not at the place where the totara’s stood to which I have referred. The totara’s stood behind the boundary of the land under dispute.

Ereni Hutana – sworn

I live at Manawatu.

I know the land before the court. Ihakara’s statement relative to the totara’s is correct. I felled them. I cut them up and burnt them. Our fire burnt continuously there. We had a difficulty but after the timber was cut and burnt we never returned to it again. I recognise this land (pointed out). I do not know the boundary line between Karoraina claim and Ngati Huia’s. Ngati Huia had a right to ---- their fires on the mountains. Hukiki and Nepia had settled their boundary line. The totara’s referred to are included in this boundary line. I have only heard of this boundary line. I was not present when it was laid off.

This concluded the evidence in Takapu. Court decided to proceed with Kukutauaki and deliver judgement in Takapu at another time.

Kukutauaki No. 1

Matene Te Whiwhi said – Rakapa has not yet come from Wellington. I wish the case to be adjourned because the other witness I have named decline to give evidence in the matter.

Case adjourned.

Kukutauaki No. 2 or Ngakaroro

Claim read

Hare Wirikake said I claim for Ngakaroro within those boundaries .

Hape said – Ngati Huia have a claim

Hare Wirikake said my claims are Katihuku Hinetua, Tuahuri and Karu o te whenua.

Hakaraia said – I claim Wahaotemarangai within that.

Kipa Te Whatanui said – my claims within those boundaries are Tuahuri No. 2 – Pukeramoki No. 2.

Moroati said – I claim Wahaotemarangai in that.

Tuni Ransfield said - I claim Kohetuahumai in that.

Hape said - I claim Waipukatea

Hunia Te Ao said - I claim Mangaone

Hapi Te Horohau said – I claim Wairarapa

Taia Rupuha said – I claim Tuahiwi No. 3

Pene Arama said – I claim Tuahiwi

Petera Te Kaha said – I claim Tuahiwi No. 5

Karepa Kapukai said – I claim Katihiku No. 4

Taia Rupuha said – I claim Katihiku No. 3

Wireti Te Rui said – I claim Urukaraka

Manahi Te Humu said – I claim Kurukohatu No. 2

Hakaraia Te Wera said – I claim Kurukohatu

Nutana Ngarepo said – I claim Rikiriki

Tauteka said – I claim Mangahanene No. 1

Taia Rupuha said – I claim Mangahanene No. 2

Taia Rupuha said – Iclaim Karamu

Rawiri Tame Hawea said – I claim Katihiku No. 2

Penehira Rangitiora said – I claim Kahukura

Penehira Te Teira said – I claim Karuotewhenua

The court explained that to admit of an arrangement of all these claims and to give an opportunity of having a plan of the land on a much layer scale there is not before it would adjourn until tomorrow.

Court adjourned until 10 am tomorrow.

Saturday 11th April 1874

Place – the same Present – the same

Waihoanga No. 3

Hohipuha – sworn

I live at Manawatu, I am a Ngati Maiotaki and Ngati Moewaka.

I have a claim to this land through Kingi Te Ahoaho and Matangi also through Te Hira – my father who is a younger brother of Kingi and Matangi also through Mohi. Those are the persons who commenced to divide this land.

When Tungia of Ngati Toa gave the land to Matangi and Kingi - these old men were the first to make clearings on this land.

I know nothing of Rawiri or Kepa on this land. I went on this land when I had grown to manhood. My occupation is bird catching. I have never seen or heard of Rawiri or Kepa on this land.

When Mr. Williams (Reverend) was minister here, I lived with him. I left my parents and brothers to go on this land.

The hapu’s named by Rawiri as claimants to this land – Ngati Pare and Ngati Waihurihia – have no claim. They never used the land in any manner.

In 1854, Mr. Williams was ordered to Napier. I went with him. I returned in 1855. I went again to Napier and there – used a letter from Kingi to return – I didn’t obey.

1859, Kingi ordered my brothers and Hekiera – Hekiera and Rota wrote me to come back. I went to Manawatu and have remained there until this day.

In 1862, Kingi died. I did not hear that Kingi had transferred his rights in this land to Kingi or any body else. Hira and others were then on the land. In 1872, my father Hira died.

Xed by Hoani Taipua

I don’t admit Rawiri’s claim on this land. I had objected to Rawiri junior. Hekiera’s statement relative to Rawiri made yesterday is not correct.

Which land did Tungia give to Kingi? I believe it began at Paremata on the sea beach and went to the mountain.

Hasn’t Rawiri Junior a right to any land from Paremata to the mountain? Yes. Rawiri’s claim stops at ---. Kingi and the other old men I have named above made claim on this land.

Who do you admit on this land? Myself and my side.

Rikihana Tarure – sworn

I live at Otaki and belong to Ngati Koroki and have a claim on the land. I was born here and grew up to manhood here.

I heard that Tungia had given the land to Kingi and his wife Rangiwhaea – not to the hapu but to him personally. Kingi located some Ngati Maiotaki from the beach to the mill. Ngati Maiotaki’s claim ceases at my land. I obtained the land through Kingi and Rangiwhaea. They gave it to me. I heard that Kingi gave land to other hapu’s also – from the mill to the mountain and all the cultivation was the property of Kingi and Hira. Kingi gave a portion near the mill to Ngati Ngarangi also at Waihoanga. The only person who used Pareamatangi was Hira and his people.

Hira was Hohipua’s father and used the lower part with Mohi, Kepa or Rawiri Senior never went to use the land on the Parematangi side.

I began to use this land in 1854. Wi Hopihona – the brother of Hekiera ordered me on to the land. Kingi, Wi, Hopihoua and Hira were the only persons I saw there then.

Tamati gave me his bird trees. We planted a peach tree there which is now growing beside it.

I don’t admit Ngati Parehaurangi and those named by Rawiri. I have never seen them on this land. The places they used were on Hema’s portion.

On the south boundary of this block are a number of trees which were used by Te Kingi – he pointed out this boundary to his children. It was received last December. Natana when laying of his boundary did not interfere with ours. Rawiri Senior could not point to any portion of this block which he has used.

Xed by Hoani

I have a claim to this land through occupation.

Atanahu – sworn

I live at Nelson. I am Ngati Toa and Ngati Raukawa.

I have a claim to the land through Tungia – my aunt. Tungia gave this land to Kingi on account of family connection. Kingi died without issue.

The court said it would consider the evidence now before it and that it would probably arrive at a decision which it would give on Monday morning.

Court adjourned until 10 am on Monday.

Wednesday 8th April 1874

Place – the same Present – the same

Waihoanga (continued)

Hapi Te Rangitewhata – sworn

I am Ngati Huia.

I know this land and have a claim to it. There are a great many claimants with me – all the members of the Ngati Huia hapu.

Ngati Huia occupied Ururoa’s clearing at Waihoanga. This is outside the boundary of this block. Waihoanga is a name given to a large block on either side of the Waihoanga stream. Ururoa made the clearing ne now occupies assisted by Ngati Tuara.

I do not dispute Hapi Horohau’s claim. When Ngati Huia lived at rahui and Waihoanga, I saw no one cultivating at Rahui or Waihoanga but ourselves. Pipi - the wife of Mate – was the last person who cultivated there. Since her death, the land has not been cultivated. Birds were caught in the adjacent bush and given to Pipi who cultivated wheat there. We do not acknowledge the claim of those who made their statement yesterday through Ringa and others.

Ngati Huia were not interfered with or driven away by Kingi Ahoaho.

Ngati Tuara and Ngati Kikopiri hapu’s of Ngati Huia have a right and proper claim to this land because we occupied adjacent to the claim and inside. The persons who talked yesterday is inside and beyond. It was only at the survey that I heard any other persons claim this land not before.

Xed by Pitini

Do you not admit Kingi’s authority over this land? No.

Is Ururoas’s claim within this land? No nor Ngati Ngarangi.

Did you ever see me or my people here? No. I know the hapu but I know nothing of their occupation of this land.

Don’t you know that we received money from Mr. Booth on this land? Yes and I objected to it.

Xed by Rei

I say Ngati Tuara cultivated at Ururoa’s clearing where Pipi sowed the sheats. I used the mountains for bird catching and they were given to the person on the clearing.

Do you know the nature of Ngati Maiotaki’s claim? They came to look for land.

Ururoa – sworn

I have a cultivation at Waihoanga. My right extended to the mountain.

Ngati Huia and their hapu’s have authority over this land also Ngati Toa.

I did not see any Ngati Ngarangi cultivations on this block. It is not that I have ever heard or seen anything of Ngati Ngarangi.

Mine was the first axe used on this land. Ngati Huia at the ---- of the Te Raotea migration – not a tree had been cut down previously. Ngati Huia were the first. This is all on Rahui and Waihoanga (outside). I never saw Ngati Ngarangi go into the bush to catch birds. They say they did but I do not admit it.

Manahi – sworn

I live at Otaki. I am a Ngati Huia.

I know this land and have a claim to it through occupation at Turangarahui and our Ngati Huia claim extends to the mountain previous to Haowhenua and while we lived at Turangahui – a division of the mountain side.

We were the first. On one occasion we chased one of our Ngati Kahungunu slaves into the mountain.

We went all over the block. We had cultivations at Ringawhati. Tutaki – a Ngati Huia – had a tree to catch birds on this land. Ururoa’s cultivation was made after that at Ringawhati.

I don’t know anything of Ngati Ngarangi on the Waihoanga block. I have not seen them there.

Te Ahoaho never interfered with us at Waihoanga. Ururoa sold trees to Mr. Hadfield. When the mill was built, it was for Ngati Huia, Ngati Kikopiri and Ngati Tuara.

Our rights extended over the back country – latterly Ngati Ngarangi have gone to the mountains to catch birds.

Xed by Petine

Are the tree and cultivation you spoke of within this block? I didn’t say they are. They are on the mountain and the mountain is mine. Ngati Ngarangi have the bird snares, we have the land.

Have you any houses on this land? I don’t know.

Have you any Miro trees there? No. Yours are the trees. Mine is the land.

Xed by Rei

Do you object to the line on the map between Horohau and Rawiri? That is their boundary. We did not consent.

Didn’t you hear that Kingi gave Waihoanga for the mill to Ngati Tuara? Yes. I heard so. Ngati Maiotaki had a right to the river.

Kiriona – sworn

I live at Otaki and I am Ngati Huia.

I know this land and I have a claim to it through the occupation of my parents at Turangarahui. Our claim extends to the mountain.

I know nothing of Ngati Ngarangi’s claim on this block. I consider that persons clearing land have a latter right than those who simply catch birds on it and Ngati Huia, Ngati Kikopiri and Ngati Tuara have more right over this land than any others.

By Petini

I did not object to persons going to catch birds on this land. I have no tree for bird catching there. I have no house there.

By Rei

Do you dispute Kipihana and Horohau’s boundary? I don’t. No, I did not hear that Kingi hadgiven Waihoanga for the mill. I know nothing of Ngati Maiotaki’s claim at Waihoanga.

Conclusion of Ngati Huia claim

Rawiri Wanui

Kingi Ahoaho never gave Ngati Ngarangi any of the land within my block. Kingi Ahoaho and I were the principal men of Ngati Maiotaki and this was our land and if we gave it to Whiti – We Hapi – this was in 1837 before Kuititanga. He was a clever man of our hapu and gave it to him because of relationship. Wi Hape had an equal claim with Kingi Ahoaho. Wi Hapi was a leader in land matters.

Hape and his relations were the people who used the land for ----.

We made another gift (Kingi, Hapi and I) to Kipihana and Puoho – this second gift is included in my piece. When Hapi went away, he said in this house publicly at the time Ngati Raukawa met for the death of Oriwia – I return this land to Ngati Maiotaki.

If it had been given to Ngati Ngarangi, they would have said so then when Wi Hapi gave it back to me. I objected to Ngati Ngarangi’s but Hape Te Rangitewhata’s claim was outside altogether.

Xed by Pitini

Have Te Reinga and party a claim on this land? No.

Why did you put his name in the application then? He must come after me. I have the right to the land. I allow them if they allow me to be their leader. My mana is equal to Kingi’s.

Were Ngati Ngarangi present at the second giving? Yes. They were all present.

Was not that a gift to Te Roera? No.

Haven’t you seen Ngati Ngarangi on this land? Yes. I have seen them catching birds.

Have you a house on this land now? Yes belonging to Wi Hapi and people.

Xed by Hapi

I have two cultivations on the mountain side – not exactly on this block but near to it. Those living at Rahui had no authority over the mountain. Ururoa’s clearing is outside my block.

Court adjourned for an hour.

At 2 pm the court resumed.

Natana Pipito – sworn

I am a Ngati Tapapa and Ngati Maiotaki.

I live at Manawatu and at Otaki.

My claim ---- on to Rawiri’s as shown on the plan. I also claim on this piece.

I arrived here before Te Kuititanga. Te Whatanui was a chief of my hapu. He gave me some land known as Ringawhati. Ngati Maiotaki and Te Kingi acknowledged his right and were aware of this gift. Ngati Maiotake and Te Kingi also gave us land at Waihoanga because of my connection with them. Another reason is Hotoke – a relative of ours was killed by Muaupoko and cooked in an oven. Whatanui and Ngati Maiotaki’s mana were equal over this land.

During that year, when the land was given to us, I didn’t see Ngati Ngarangi on this land. Ngati Ngarangi had arrived here before Haowhenua. I saw this hapu at Tuahiwi, Wahaotermarangai and other places on the other side of the river when they went to get food for Ngati Pare – when they had authority by Ngati Whakatere. They have had no authority since.

They – Ngati Ngarangi – did wrong to Matenga’s widow. Matenga’s wish was to spear Kaeo and Motukara – the principal persons of Ngati Ngarangi. Ripeka – Pineaha’s mother ---- this and brought Kaeo and Motukara across the river and they then occupied Rahui by the leave of Pineaha. They remained there to catch birds for Wi Perahama. Next year, they gave no eels to their patron chief and Kiharoa – Pineaha’s brother – was angry. Kaeo and Motukara then adhered to Ngati Maiotaki and lived at Haruatai (outside). Ngati Maiotaki gave land to Ngati Pikiahu and Ngati Ngarangi joined with them. It was only then they lived there and had a name.

Patoromu – already mentioned is a Ngati Kiri – another hapu and lives on another block. Pitini belongs to Waikawa. I know nothing of Kingi Ahoaho’s gift to them. The only gifts I know of were to us and to Ngati Parehauranga to which Kipihana belongs.

My brother has a house and a bird tree within this block as surveyed by Ngati Ngarangi. The only persons who dispute with Ngati Maiotaki relative to the south boundary of this claim are Ngati Kikopiri and Ngati Tuara. Waiharo and Kipihana – their chief – laid off the boundary. Ngati Maiotaki had the authority over this land to the mountain as shown on the map.

In 1871, my brother wished to go north. His name was Wi Hapi Te Whiti. Before he went he returned this land to Ngati Maiotaki in this house. No person objected. I was the only person who spoke.

Ngati Huia have no right whatever over this land. The places mentioned by Ngati Huia as occupied by them were owned by Kiharoa of Ngati Turanga.

Xed by Pitini

Rawiri’s statement that his and Kingi’s authority over this land is equal is correct. Rawiri is Kingi’s younger brother.

Ngati Ngarangi were people who worked for food for Ngati Maiotaki.

Xed by Hapi

Can you prove that Ngati Huia have no cultivations here? Yes – they are not on this land. I don’t admit Ngati Turanga on the mountain side. I claim ---- Ngati Maiotaki not Whatanui. Whatanui’s rights is at Ringawhati outside of this block.

Can Ngati Turanga object to my occupation at Te Rahui? I can’t say.

Rawiri Rota – sworn

I am a Ngati Maiotaki and live at Otaki.

I claim the land through my ancestors.

In 1855, I was taken by my father and Te Kingi to Waihoanga. They told us this land had been cut up previous to Haowhenua. It belonged to my hapu and Ngati Maiotaki and that no division had been made previously. Kingi also said that Ngati Maiotaki were the only hapu that had authority over the land. Kingi then said he would show me the bird catching trees and the water troughs. I went and they were pointed out to me.

My father asked if he were the only person who owned the land. He said I have, it was mine first. I have given it to your relative Wi Hapi.

Kingi said I have given to Wi Hapi alone and not to any other hapu of Ngati Raukawa and that some of the elders of Ngati Raukawa tribe could confirm his statement. I was told by Kingi that the division also spoken of extended to the mountain and that Puketoi had named because he had brought a branch of a Toi tree from there. He did not tell me that he had given the land to Ngati Ngarangi or that Ngati Huia, Ngati Tuara or Ngati Kikopiri had any claim on it. Kingi said that Ngati Turanga had right to land near Waihoanga. He did not admit Ngati Huia at all. The places he admitted as Ngati Ngarangi with Tuahiwi, Hakuai and Wahaotemarangai.

I corroborate the statement of Natana relative to Kaeo’s wrong to a woman. He also pointed out the boundary of the land hehad given to Kipihana and Horohau and that Ngati Huia were confined to the boundaries within which they cultivated and had no right to cross over into Ngati Turanga or Ngati Maiotaki.

In 1857, I went with my father and Te Kingi to catch birds at Waihoanga. No person of Ngati Huia orNgati Ngarangi or any one else objected. Kingi told me that he had consented to give Waihoanga Stream to Ngati Kikopiri and Ngati Maiotaki for a mill.

I was taught to snare birds by Kingi up to 1862. I have caught birds on Waihoanga. Kingi did not give any of the land to Kerehoma alias Tamatai. Kerehoma’s claim is through his wife only. Kerehoma never used the mountain land in any way whatever. Persons have gone to survey land there thinking by that means and by force of talking to affect the mind of the court.

My father told me that Ngati Huia’s claim was near the river at Rahui. I heard last year that Ngati Ngarangi had gone to survey at Waihoanga.

Court adjourned until 9.30 am tomorrow.