Friday Nov. 8th 1872


Present:

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


Court opened at 10 a.m.


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


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


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

5th November 1872.

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

The Court opened at 10 am.

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

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

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

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

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

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

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

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

Court adjourned until Wednesday the 6th.

Monday Nov. 11th 1872


Present:

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


Court opened at 10 a.m.


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

Tuesday Nov. 12th 1872


Present:

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


Court opened at 10 a.m.


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


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

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


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


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


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

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

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


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


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


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


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


Hoani Meihana: Agreed to the adjournment.


Court adjourned until Wednesday the 13th Nov. 1872

Thursday November 7th 1872


Present:

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


Court opened at 10 a.m.


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


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


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


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


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


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


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


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


Tutere


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


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


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


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


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

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


Court rose at 11.30 am