NATIVE LANDS COURT.

Poverty Bay Standard, Volume III, Issue 287, 7 July 1875, Page 2

NATIVE LANDS COURT.

Gisborne, FRtiiAY.JuLY 2,1875. Waikanae (Wai-o-Hihaborb) and Awapuni Blocks, Judgment. Judge Rogan delivered judgment in the above Blocks, as follow The Waikanae, or Wai-o-Hiharore, and Te Awapuni Blocks, -situated in Poverty Bay, BOUNDED. On the north and north-east by the Waikanae, and Turanganui rivers, on the south by thq sea (Poverty Bay) on the south-east by the Awapuni Lake, and a straight liue from Te Kuawha to Te Wharau a Buakore, and on the north-east by a survey line to the Waikanae river, which forms part of the boundary of Matawhero No. I.

The history of the first occupation of this place is very clearly related by the first claimants, Butene, Te Eke, and Hare Wahie, Wi Pere and others. It appears tliat the original proprietor of this neighbourhood (judging from the tradition given by the claimants and counter-claimants) was a, chief narnpd KiWa Kuapani, who lived about 400 years ago. Little or nothing i’s known of the people who occupied this district for nearly 200 years after Ruapafii. ’ ■ The nett person who appears as the chief proprietor is Te Nojioi, from whom all the present claimants, and counter-claimants,233 in number,have traced their descent. Rutene and his people, in number, forty-four, claim through Kahunoke, elder brother of Ntftioi, .-Mid also' from his sister, as is shown in the genealogical table. Their claim, based on occupancy of the land, is also brought forward byßutene and others which has not been proved beyond the fact that the Waikanae river was used by the whole of the tribe.(called Aitangamahaki) forcatchingeels, andTe Wai-o-Hiharoe, which is a mere Water hole inland of the beach, and which has been so much disputed on all sides, is acknowledged to have been the fishing ground of the tribe for generations past, during war time, when food was difficult to be obtained. The men cast nets into the sea, and made weirs for trapping eels in the 'Waikanae, while the wompn, at low tide, gathered pipis in the rivers. From these facts it is argued by Rutene, for the tribe, that, these two blocks of land should form a tribal estate. The history of the wars which were carried on by these peoples’ fore; fathers,extending into the interior, and as far as Opotiki, was minutely detailed by Wi Pere. It represented society in tfie country at that time to havebeen ina frightful state of anarchy and confusion. It is not necessary in these cases to dwell further on the wars of the district; and it is hardly necessary to say that original cause of the quarrels was a woman. Riparata has shown continuous occupation from thetime of TeMaanga, ,who was left in charge of the land after the Rahui (mark) was put up at the mouth of the Waikanae river; her grandfather and 'father have exercised rights of ownership; and. her people to this day continue to do so, their place of abode or kainga being contiguous to this phtee, and oplynreparntgrt by the streams, she and hc£trelasons having had a crown grant issued by the Commission Court for the block known as Waikanae proper. awafuni. Riparata Kahutia and Hapikiniha are the claimants to this block, containing 370 acres. Evidence was given at a former sitting of this court by Hapikiniha which has been read over to and acknowledged by him to be correct, and to which he stated he had little or nothing to add. The evidence of Riparißa which was taken at length in the Wai-o-Hiharore case equally applied fo this, and it was agreed that that Evidence should be adopted by the court. This claim is opposed by a section of theßongowhakaata tribe,called Ngatitnaru. Hoanißurucbnducted the claim of this sub-tribe, which is based on ancestry and • occupation. Hirini Matuakore, and Wi Claims to a portion the map produced in court? by Paora. Pimia Aata, Tamati and their party also claim through ancestiy and occupation ; aaid Tamati has pointed out on the ground one or two places which have been occupied by him for the purpose of fishing,in the Awapuni lake. '

’ With regard to the claim set up by Ngatimaru to this block it . has been proved to the entire satisfaction of the court that these jpCople have occupied laud adjacent thereto, and if at any Jtime heretofore they may have encroached on the fishing ground which was then the only occupation that is attempted to be proved, they were driven off generations ago by the forefathers of the present claimants’ and have never attempted to occupy since. This claim of Ngatimaru is considered extinguished ; it has long ago became “ cold ” (mataotao,} and is dismissed accordingly. The portion of this block claimed by Hirini Haereone, though his mother Harata, —who gave this land over to Paratene some years ago, by whom it was ceded it to Mr. Donald McLean, with other land, as a peace offering for the offence of the Hauhaus—has been returned to the natives by the Native Minister during his late visit to Poverty Bay. Riperata in her evidence having admittedHiriui Haereone as “te tangota o te iehenua,” who took no exception to Paora Matuakore as the owner of the land; Paora and their party are admitted as owners of this block. Tfie other portion of the Awapuni block contiguous to Wai-o-Hiharore is admitted to be the property of Ripaerata— Hapikiniha and their co-claimants, together with Pimia Aata, Tamati and those who claim with them. The decision of the Court in the case of Wai-o-Hiharore, the investigation of which has occupied so many days, is in favour of Riperata and her relatives. In expressing this view of her claim over Te Waio.Hiharore, the evidence given by Butene, namely, that at the time Iho come and erected eel pas on the Waikanae stream, Riperata’s ancestor, Te Maanga, dertroyed them. No one interfered to dispossess him and those who came after him to the present time. With reference to the question of tribal right over this land, and with regard to the evidence adduced on both sides as to the Wai-o-Hibarore being a fishing station used by the whole of the Aitangamahaki tribe for generations, the Court orders that ten acres of land situated at the spring on the block from’ whence it derives iis name, and ten adjoining on the Awapuni Block besurveyed and set apart as an inalienable reserve for a fishing station, in which the names of Riperata, Rutene Te Eke, Wi Pere, Pimia Aata, Paora, Matuakore, and the names of all the claimants shall be inserted in the Memor ial of ownership. Te Konohi, 150 years ago, put up a Rahui on Wai-o-Hiharore blocks which was protected by Riperata’s forefather, Te Maanga. The Native Land Court now sets up a land mark at the spring for the purpose of securing to the deeendants of the present generation the privilege of coming from the interior to the beach and to exercise the rights of their forefathers by occupying this favorite fishing ground. The Court is of opinion that the shares in this and the Wai-o-Hiharore blocks are unequal.

MONDAY, JULY sth. WAINGAHONUA NO. 1 BLOCK. This is a large block of land of an area of 7,435 acres and adjoining the Oil Spring block. On the claim being called Pita te Huhu, appeared, and affirmed, as follow I know the land. I ordered the survey which was carried out peaceably and satisfactorily. I can supply a list of the persons whose claims I admit in conjunction with my own. A list of Eames was accordingly read out. Witness continued. We inherit this land from our ancestors, one of whom was Te Uhunga. Through the incessant warfare then prevailing he became permanently established on Ijie land. My parents pointed out to me the boundaries of this land. I also claim the land on the other side of the river. It has been surveyed but not yet adjudicated on.

Honi Kewa confirmed Pita’s' statement. Tate Puaki is also another ancestor, through whom I claim. We have cultivated the land down to the present day. I am not aware that our right to this land is disputed. Paora Parau, Nepi Takitahi, and six others appeared as opponents to the claim cet up by Pita te Huhu and fiis party. . Tuesday, July 6. Paora Parau twom — I claim through ancestral descent from Te Auru andTe Whakahere who lived five genbijiktions ago. There are many disputants, but if it is necessary I can trace much further back, my right refers especially to the portion known as Te Totoi. My take to the land is owing to my progenitors having assisted those of Pita teHuhu in a time when they sought satisfaction for the death of a certain woman who was slain in battle. I have not cultivated the land nor has Pita Te Huhu. The land was ceded to us three generations ago by those persons whom the ancestors I have, named obtained atonement for. Pirihi Tute Kohi sworn—l have also a claim to the land in question, my ancestor Para Kakariki live&Spn this land and had a house erected Aipon it and known by the name .or Pawhakawiri. »>■ <- Nepia Takitahi sworn—This land has belonged to many sections of Aitangamahaki. After about five generations from Tu te Puaki, the quarrel broke out anew. A war party of my ancestors numbering seventy picked men made an onslaught on the

enemy who were about a thousand , strong. The fight took place at the Kawakawa outside this block. Te Mauiuia was the *general of my ancestors side, who defeated the others completely. The ownership of the land has been always disputed. I and my nephew put marks of right on the land, and they have not been interfered with.