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NATIVE LAND COURT.

(Before His Honor Judge Brookfield and Native Assessor). Pvkepapa Block. On the opening of the Court on Saturday, Mr, Win. M »udc s-ated that on the sutxliv.'sion ut thu block he had ask'd that the apportionment might be in thirds, two t<» himself and one to Cooper. Since then Mr F’nl.y bad proved that one third belonged to him, and he wouhl therefore a»-k the Court to allocate that portion tu Mr Finlay. His Honor could see no objection and granted the application.

Matawhkroj No, 5. With respect to this block, Nir Rees said he appeared forßiperata, who was in Court, and objected to certain portions, which were fenced off, being allocated to Wi Parone, as being, amongst other reasons, in excess of his proper acreage. He (Mr Hees) for rd that the survey had been made snme time ago. The Court said that it understood from Riperata that she had agreed tlmt Wi Parone should have all that portion which he had fenced in, but as objection hat I now been taken, they would have to be; ;in de novo. Riperata now repudiated wha t she had previously agreed to, viz Tha tWi Parone should be allocated what h< i had fenced in.

Mr Rees denied this, whereupon the (Court proved the same by reference to Couitih >tes. private notes and Assessors notes, al I of which were plain that Wi Parone was to have the land which he hud fenced in on both sides of the road.

Mr Rees said that Riperataand WiParone had some conversation a short time ago' when they had arranged that nothing outside the 30 acres should go to Wi Parone. Wi Parone now asked leave to speak and said he knew of no such arrangement as Mr. Rees had spoken of. He <1 id not understand the map, but he was to have that tongue of land which his house stood on, and if that was not sufficient acreage the riefieiency was to be made up l>y an addition to his piece on the other side of the road.

Mr. Rees said Wi Parone had agreed to take 30 acres on account of his house Lieing on the best portion of the land, and various other improvements being taken into consideration.

Wi Parone said he never understood such to be the case, Riperata had not spoke.n to him about the matter to that effect. A long while ago Mary Ann saw Riperata, and in rhe course of conversation she said Ma tawhero B was in a good state, and as Rees and Tucker had given her (Riperata) the power of dealing with the matter, she could make arrangements. She told Mary Ann that the part he had fenced in, let it be great or small, should be hers (Mary Anns ) He said he was pleased, as he was not on Government land. ♦V’hen the matter caine before the Court Mr. Rees conducted all the: business. When Mr. Rees called Riperata. forward the line was struck. All the time he thought she would speak, but Mr. Reesdid all the talking Mary Aun asked Riperpta about this, and she said she would settle it all righl. We were told that it would be .uranged with Awapuna, but it was never mtemled that he should lose any part of the land he had included iu the f nee Riperata li is no a gone from her word. He had more than 30 acres fenced in on both sides of the road. Government put up some of the fence. He left a portion to the Government which he had not occupied. He was willing to pay for the extra land he had got, but he would like to know what was the amount of each share.

Mr. Rees said Wi Parone had got the best of the laid, the whole fronting the main road, so 30 acies had been given. His Honor said lie could not take notice of the value. Wi Parone said all over 32 acres would be paid for out of Awapunia.

Mr. Rees mid be mm indirftfo thut nhere was not 730 acres in the block according to the last survey. The Court said if this was the case, the block must stand over until a proper survey was made.

Mr Rees then stated that Riperata had wished to buy the other shares in the block, but could not find means to do so, and a -t--ing eii his advice, she had called in the assistacee of the Company, who had bought up the shares, and it was intended to get those shares, together with Riperata’s, conveyed to the Company. He thought it a pity to delay the case for the sake of such a small matter. He was willing to give Mary Ann Parone 30 acres, and then to settle the other matter afiei wards.

Riperata asked what Wi Parnne was entitled to, and was informed 32| acres, but if there wxs not 760 acres in the block, it would be less. She said she had understood that 60 acres had been sold to Read, at Maryamoteu, and, a portion of about 12 acres taken out for ro ids, leaving a balance of 30 acres to each owner.

The Court explained that after all had been deducted, there remained 32| acres to each owner, there being 20 shares.

Wi Parone said he wished to see the deed of sale of the 60 acres sold to Captain Read. The first one the Commissioners had rejected and he wished to see whether Mary Ann’s signature was attached to the second one. After some explanation he consented to with draw this application. Riperata was now willing that an order for 32 acres be made ia favor of Mary Ann Parone, and that she pay for all she had fenced off over that quantity, and that this 32 acres consist of the pi<*ce of tongued land abutting out he main road, the remainder to be made up on the other side of the road.

The onkr was accordingly made that Mary Ann Parone be allocated that tongued piece of land facing the road on the north side, and marked B, together with the fenced portion on the opposite side of the road, and provided it amounts to more than 32 acres, the overplus to ba paid for out of Awapunie. Katarina was asked if she would take her share adjoining Gannon’s, so as to let Riperata have the piece with the house on it. She gave her consent. Upon Mr. Rees asking Katarina whether she was willing to permit a road being set off through her share, and pointing out to her the advantages which wouhl result to her from the same, she gave a derisive laugh remarking. “I have heard so much of that from Mr. Rees,” but finally consented-

The Comt remarked that no order could be made with respect to Mrs. Gannon's share until the decision of the Supreme Court was known.

After <ledacting Wi Parone’s, Katarina’s, and that share claimed by Mrs. Gannon, together with a reserve tor a road, the remainder of the block was vested in the Company. Taruheru.

On account of the absence of Mr. Brassey Mr. Reesasked that the above block be put off until Monday. Iu acceding to the request the Court said it had no time to spare as there was five more original applications yet to hear, and the time was getting very short.

Mr. 'Rees then applied on behalf of Mr. Tucker, that Wi Parone be compelled to give a guarantee for the expenses incurred in the arbitration award before any order of the Court be made in his favor.

The Court did not think it had power to do so, but the matter could be discussed on Monday, until which day the Court stood adjourned. Monday. Tara he hu Block. In answer to the application of Mr. Tucker, the Court said it had no power to put any restrictions on the land as asked for, but looking at all the circumstances of the case it would rule that no order be issued until Wi Parone gave a guarantee as to the satisfying of the expenses incurred in the arbitration award. Mr. Brassey agreed with this arrangement. The Court explained that this <lid not affect the land belonging to Mary Ann, but only that of Wi Parone.

Mr. Rees' application that the rente be apportioned was refused, Haiti Block. On the calling of the Kaiti Block the Court eaid a formal order would be made vesting the land in two portions, one to Rutems and his people aud the other to Riperata and her people. Mr. Harris came forward and said he wished to speak before the order was made, but was informed that nothing he might say would Hffct (his arrangement. Mr G.nnon siid he «ivhrci to speak about the lease, but before doing so he would like t*» see the document. Mr Rees explained that the lands were originally in the Inin Is of McDonald and Baiker, and then Doull, «n I had si.nee passed through two or three hands into the possession of f'e company. Mr Hai ri.-s said he and his peo pie could notao*ept the derision of the < ourt. He would take what steps he might hs advised with a view of ge'ting a rehearing of the -•ase or a varying of the present judgment of the Court.

Riperata asked that the order might, he made in accordance with the decision of the Court, and was informed that such hid already been done.

Raoiera Turo said that as he understood that one portion wa* to go to Kutene and his people, emd Riperata and her people, he would ask that a subdivision be ma le between lleni and her chi dren, and Riperata and her peo| la. Afterwards he would speak us to the lea-A which ha I been mentio ed.

Mary Keene wis'iet to speak about her house, which R pe.atu had raid she (Mart) inherited through her marriage. She derived her rights through her ancestors. Riperata wished to take a*way her right, hut she (Mary) did not want to lose any of the land whion she had fenced in.

Riperata had not considered the que ti<m of subdivision yet. She should like to know who whs to make the survey of Kaiti. Were they to do it or th e Government ?

Ranera said they had all made applicatioi for a survey.

Ripertta wished to know the nature of the claim whi-h ’he Government, ha I over the foreshore of the bloc-k, and was informed that it consisted of two chains wide of frontage from the hill at the mouth of the Turangamii to the foremost point towaids the is and, and that the deed wa- signed by 28 owners. T*>e de»d was now read and interpreted, whcre ipm Wi Fere ask«*d that the case be adjourned until a meeting of the natives could take phve, sc. as not to inte<fere wi'h the sitti -g of the Court. With respect to the deed, it was "e cer intended that, the piece of 1 ind nhould be .given to the Government absolutely. Mr. Lo ke asked them to consent, to the removing annl gathering the loose atones from the surface of the beach, but no on* un lerstood or agree d to give the land to the Gov.*rntn -nt. If the Natives had wanted to sell the lan I they c ui.ld have got. a fur larger price for it. If Mr. Locke had wijtteri in th • ptner that. it. was an a solute gift, it. wis one of the worst wrongs ever known. With respect to the wharf they agreed to go halves with the Government iu any profit arising ••ul. of it. Ihe piper must have been filled in aft rwards, and whs a great wrong There was no l ing in the egreen ent but to allow the Government, to gather the loose stones from the surface. The two chains inland was altogether new and strange to the origin 1 agreement. What whs und-rstood was one (J ain below high water mark. At. the time thi« concession wa< made he had made the remark that there would be a fortune for them.

Riperata said the statement of Wi Pere was a 1 true. The only concession made was to let the Govern *.ent gather stone and not to give th m any occupation. When this matter was heing arranged the Natives wera not. ignorant, but. k ew perfectly well what they were doing. I'h.yw re to receive £5O, but they did not sell the land. These matters which were now mentioned were entirely strange.

The Court here explained that it had no power whatever to int* rfere in the matter. Riperata said they spoke now because it should not be said in future that no objection had oeen made to this matter. There were four niuncH attached to that deed who had no right whatever in the land. Captain Porter now explained that no doubt the deed could be set aside. He did not see thut they had any need to enforce the deed. He would ask the Court to make a memorandum to the effect that the Natives were willing to allow the Borough to collect any stone which might be requirad. There was no doubt but what the Natives would agree to this, and then the deedoomld be set aside altogether. This would smve all dispute and possibly a great deal of htiga’io’» on the subject would thus bo clis pun ed with. Mr. Harris called the attention of tile Crurt to the fart that, the deed had only been signed hy a few Native owners, whereas it required the names of all before it could be of effect.

Raniera Turn also recorded his objectinn. Mr. Locke knew that the land was under certificate of title, and the agreement was only to get the stone. There hud been powers put in the paper which could only be granted by the whole of the owners. There were names put to the paper v hich were never signed by the parties themselves. He hoped the paper would have no effect. Captain Porter said thut no doubt it could be arranged in a few minutes outside.

His Honor said that both himself and the Assessor had been most anxious to get the block sub-divided, but they found so many difficulties in the way that it seemed absurd to attempt to go on. They had just heard that an application would be made for a re hearing. Under all these circumstances he felt compelled to adjourn all the subdivision applications until the next Court.

Mr. Gamon remarked that all thedissen tients could be cut out.

The case was accordingly adjourned on the application cf Wi Pere, who stated that Captain Winter had commenced the survey of the block that day.

(Before Judges Williams and O’Brien.) The above was held at Messrs. Parnell A Boylan’s Hall, for the special purpose of the rehearing the claim to the Whaitini block which was dismissed at the last hearing by Judges Brookfield and Puckey. Mr. Jones acted as interpreter. Wipi Tarewa applied that the case of Papahawua might be heard on the Sth inst. Judge Williams said they could not make promises. If they could do so they would. Whaitiri Block was then called on.

Wi Pere said he wished to have this case adjourned, because he had got two cases on at once—Kaiti at the other Court, and Whaitiri at this Court; Riperata was in the same position with regard to P&patu Block. Another reason why he wished it adjourned was that Rutene was one of the principal claimants in Kaiti, he was ill, and he (Wi Pere), was acting for him there. His wife who was a claimant in the Whaitiri Block, was in Auckland and could not attend, she hail sent down word for him to the Comt adjourned if possible in the meantime the Court could go ou with P&patu. There Honors explained that they came here under inst ructions to hear this one case, ami notice had been given to that effect.

After further conversation their Honors decided to adjourn the case until 2 o’clock. On resuming at 2 o’clock Judge Williams

stated, in raplv to some of the Natives, thal( fc’ds was purely a fresh case, and not a rehearing, as was considered. It was being commenced de novo, Parahaupo said the Whaitiri Block was solely claimed hy himself and Wi Pere. The other claims put in were only brought to set aei ie his claim. Wi Pere agreed to conduct his wife’s case. On much discussion taking place, it was decided to take Wi Pure’s claim flr«t, who said tost he resided at Gisbnrne. His hapu *as Ngatemitanu which cl rimed a portion. The Hapu Waeumatakapu wm also a claimant He recognised ihe plan produce I as that of Whaitiri. the b<»un ‘ary as there shown wa correct. His claim was to the north ea-tern portion of the blo< k His wife and others claimed the other portion. He here fully and clearly p inted out the boundary of his claim. He believed the marks in pencil on the map were i>>corre*t. His Honor, Judge Williams, asked the Interpreter to explain to the Natives, that it wo- a rule of that Court to have every feature marked on the maps ns nearly a r j£ A accurately as possible, so that it wonft MBL much less trouble to the surveyors who nna to survey th • land afterwards. They had to pay the draftsmen for doing the maps, and they should s e that they were done proper! v. Wi Pere continuing, said, he claimed this portion of the block for himself by his ancestors, by conquest and by occupation, the same with his wife’s portion. Tiapira Tawhiao objected to Wi Pere’s statement. He claimed a portion of the block, by his ancestors. After very much trouble he ultimitely managed to define the boundary of his claim. He said the work put on the plan hy Wi Pere came within his claim, and not Wi Pore's. He also claimed by occupation. Betty Morris put in a claim which waa the same as Tiopira’s, they being descended! from the same ancestors. Parahaupo objected to the statements of the former claimants. He was a counter claimant, and his was an ancestral claim. He claimed all that portion of the Whairiri Block south uf the Waikirikiri or Wsiinehea stream, which w«nt on to the boundary line of Waihora Block. He also claimed by occupation. Pirihi Tutaknhe’s claim was the same as Tiopira’s, but came from a different ancestor, No other business of importance was transacted and the Court adjourned.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/PBS18831204.2.14

Bibliographic details
Ngā taipitopito pukapuka

Poverty Bay Standard, Volume I, Issue 17, 4 December 1883, Page 2

Word count
Tapeke kupu
3,153

NATIVE LAND COURT. Poverty Bay Standard, Volume I, Issue 17, 4 December 1883, Page 2

NATIVE LAND COURT. Poverty Bay Standard, Volume I, Issue 17, 4 December 1883, Page 2

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