NATIVE LAND COURT AT OTOROHANGA.

Waikato Times, Volume XXVII, Issue 2230, 23 October 1886, Page 2

NATIVE LAND COURT AT OTOROHANGA.

JUDUMENT IN THE ROHU'OMJ HI.OCX. The hearing of tlte ea o concerning' the. immense tract of country comprised in the liohepotai Block, c;\ni.raonly kno\rn as the King Country, which has been occupying the Native Land Court, was conclu led on Friday, 10th just., after thcvaiimts contesting parties had addressed the Court, in review of the evidence th.it hud been submitted. r £he Com t has bean sitting for thn pat thru? months at tho native settl-ment at Otqrohaiu<i, 24 miles south of Kihikihi, where a largo and commodious c iurt houso h.id been erected by tho Native Committee for tho usb of the Ciuiit. An enormous ina-^s, of e\ idence has b^en taken, after a most patient and protracted hearing, which 'the gieat importance attnehed to the caHe'de manded. A most noteworthy foit-iro of tho proceedings at tho conclusion of the c.ise were the e\cee'linglv able and exhaustive addre'-se^ made by Major To Wheoro, tho principal counter-claimant in tho Kawhi i portion, and the one in reiily by Mita Knraka, the conductor for tho claitnants, both of whom spoke for upwards of two hours. After a fow days adjournment, His Honour the presiding Judge (Major M.vir), gave the following judgment on' Wednesday, 20th inst., a copy of which has been coiteously supplied to- us, and which .we publish in extenso :—: —

THfaßoHnporAi Block. This block, estimated to contain 1,030, 0(X) acres, is, the largest and rno*t important tl)at has ' ever 1 been brought before the Native Land Court. It is claimed jointly by five tribes, or sections of tribea — that is to say, by Ngatiinaniapoto, Ngntihikairo, Ngatiwhakatera, Ngatitakikipu (these two last being hapns of Ngatiraukawa), Ngatituwharetoa and Ngatirangataki (a section of Whanganui). The prirna facie case wis nnde by the evidence of Wahanni Te Huataiu of Ncratimaniapoto and Tuao Tuiinaira, of Whanganui, who eldiuied by ancestry permanent occupation, and by the power to hold possession. The ancestor setup was Tnrongo, from whom Wabaliui is thirteenth in direct descent; afterward-? tho names of their ancestor I',1 ', namely, lixka, Peinga, Tipi, Tnhikitaua, Matakoic, Tauira, TJnu and Moekino were added. Counter-claims were net up by, I. Te Tumuhuia, of Ngatihoiuun, and Ngatinaho, who claimed nearly all th it part of tho block east of Puketarata, and up to the sources of the Wai pa river by conquest of Ngaliwhakatere, Ngatiraukawa and Ngatipaiariki ; a'so by gift of vai ions portions made t.> his elders and tn himself by the chiefs Te Paewaka and Pehi Tukorehu, and also by permanent occupation ; 11. Kautiuta, of Ngativrairero, Ngatipare anl other hapu, who claimed marly the same tract of country as Te Tumuhuia by conquest of Ngatimarn at tho Inttlc of Tamatawlwi (1831), and of Ngatwh.ika.tero at the fights of Tamatawiwi (some time previous to 181'J) and Whakarekehoni, and also by occupation. 111. Haimona Patara, of Ngatibaua and Ngatikoroki, who claimed all the East side of the block from the Pimiu river on the north tr> Tuhua. mountain and as far west as Otorohangd by conquest of Ngatimaru, Ngatiraukaua and Ngatiwhakatere ; IV. Keremet.v Ahumuku of Te Werokoko, Ngatipareteuaki and Ngatitamra, who laid claim to the saino land as Kaukuita, by gift from Xi Matiauanki, To Kirikaramu and other chiefs of Ngatiraukawa, and by Pehi Tnkoiohu, of Ngo-li-iiianiapoto to PotoUu, Te Panvaka, Porokoru, Haunui and Ahunuku, all chiefs of Waikato ; also by ancestry and occupation ; Y. Wiremu Te. Whiti, of JNgatihourna, who claimed indefinitely all the country E'ist of the mountains Kakepuku, Ruigitoto, Hiiuhungaroa and Tuhua, by conquest of Ngatimiru, NgUiraukawa and Ngatiwhakatere. Seeing that these cliim* were for nearly the .same laud, and, with the single exception of Kurcmeti, ba^ed on th? .same grounds, the emit urged tho pattios to coalesce, but they declined to do so ; Further counter-claim's were set up by VI. Hiretn Te Wahiroi, of Njfilihourua and Ngatimaluuga, who laid claim to the ountry lying ro.ind Jvawhii H.trb >ur from Hanhari, to the north boundary of tin block, and extending to indefinite point-; inland, by conquest of Tainui and its hapu, Ngatitoa, Ng.itikoata. &c. ; VII. Wiremu Te Wheoro, on behalf of Ngatinuhuti and Ngatinahia, Inpu of Waikato, who claimed from Harihiri on the South t) the North boundary, and inland to Whenuapo and other old pis, by conquest of Ngatitoa and Ngatikoato-, and by occupation ; (These two claims again are identical ;) V[IT. Mihi Penen' 1 , of Ngatipou, to a tract of country at Mingauika extending from Kaipiha, on tho Wai pa river to the, south sidB of Pir.mgio- mountain by ancestry, gift and continuous occupation. It will bo seen that the title of claimant-, to all the south and south-west portions of the block was not disputed. The case has occupied fifty-eight bitting days; and in support of the different claim-* a great inabs of evidence has been bi ought forward, some of it of a very contradictoiy nature. As the claims seb up by Te Tumuhuw, Kaukiutu, Haimona, Patara, and Wiremu are similar in all respacts except that thsii boundaries vary a little, a*id as they are of one tribe, we will group them together These counter-claim uits set forth that when the Tha>nes tubes, under the general dasitfnation of Marutuiha, established themselves at Maungatautari they tiok p.>sse>sion of, and exercised m.in.i o\er all the Ngitiraukawo- teriifcory. That wh°n the Nsjatihaua, Ngatihourna, and othei' W.ikato tubes defeated the Thames people at th 1 great battle of Tamitawiwi (in 3831) this country pissed into the, absolute possession of the victorious Waikatos, who thereup )ii occupied it. That with reference to tho western portion of their claim, that is the l\nd on the west side ot the Alangatutu stream, war having been made on the Ngatiwhakatere by Waikato to revenge the murder of Te Kangipakaru of Ngatinaua, and also in revenge for the murder of Parcteka i va, the grandmother of Pehi Tukorehu, Ngatiwhakatere wero succ9«-»|vely defeated at Huirimoua, Tuugimauia, Whakarekehoni, Hangahanga and wore, like Ngatirankawa, compelled to leave their country and move to the South, whereupon the Waikato took possession, had the boundaries defined and have held the land ever since mainly by their connec tious of Ngatimatakore, that is, by the descendants of the brothei Tautari and Wahanui who took part in th conqntst and are represented now by Hauauru and Irihapeti. Against this the claimants say : That tho wars between the Waikato and Murutuaha did not in any way affect the country south of Maungatautari and of the Puniu river as it never passed into the possession ol Marutuaha ; that Ngatiraukawa were not driven out ot the country ; that those of them who went to Kapiti'did so at the urgent and repeated request of Te Itauparaha to agsist him in consolidating his conquests there, and that they did not go until after a permanent peace had boen established with Waikato as well as with Ngatimaniapoto ; that those members of Ngatiraukawa who remained have not been disturbed in their occupation and have exercised rights of ownership, such as canoe building &a ; that Waikato never lived at Whr »3pnhnnga, the principal kainga on the land, and that they have never had the mana of it. With reference to the alleged conquest by Waikato of Ngatiuhakahere, the claimants set forth that tho war jn which that tiibe were defeated at Huirimoana, and sometime afterwards at Tangimania, was waged against them by Tukorehu, Tautari, and Wahanui, their own relatives, assisted, they; admit, by Ngatihana as allies, in punishment for tho murder of Paretekawa ; that it was quite a family affair, having no beating on the land; that peace followed, and that several years elapsed btsfoie Ngatiwhakatero nn'errated to the South ; that some of them remained and are still in occupation, and that the fires kept burning by Hauamu and Inhapcti lepi^sout the occupation of Ngatiuhakatere, Ngatimvta- ' koro, and Ngatimaniapoto, but not Ngatihaua ; and, lastly, the claimants ?tate that thero had boen no general occupation of any part of this Uook by Waikato until they sought lefuge on it during tho Waikato War in 18(51, excepting short sojourns of smne of the chiefs with connections of Ngutiinaniapoto and Ngatinutakore, on which occasions those who died were always removed by thpir friends to their own burial places in Waikato. Ihe counter-claim of Keremeta cliff ei d from the others in that he claims all tho Ngatiraukawa estate by gift in addition to I ancestory. He utteily denies the conquest by Waikato as ulso their occupation until, within the last twelve or thirteen years. He says that the mana of Maruhuahu never extended to this land ; that tho wara witu Ngatuwukawa weie tho result of mis-

undeistandings, having no reference to the and, and 'were follt.ved by a general geacem.ikuig; that when that tiibj wont South to join Te Raupuraha, some rem lined and To Pule, with otlier Ngatiraukawa chef*, •md Pehi, of Ngatimaniapoto, on tl)ree different occasions gave the land to his inatiias (elders) of Waikato, they being 1 rela ted f .o Ibo givers, "to hojd tho^land for Ngatiraukawa ;"' tint they then 'occupied it, and their descendants have continued to do «<>. Keremeta claims also by descent from Tlotumanea, the ancestor of Ttmgariro and Te Aokatoa, two mon of some note, whose continuous 1 occupation has been so ofton mentioned, and admits that Tukore.bu and Manga, prominentchiofsof Ngatimaniapoto, are entitled with hitr.. In reply to thiv claimants nay that the gift is a fiction, but, even if- made, it would count for nothing, as Kereineta Hay.s that the recipients wore to "hold it for Ngatir.iukawa," and that tribe are in full possession ; that Kcrenieta names several tapuna7 i.e., Hae and Kapu, as former owners, but cannot trace his descent from them ; that T» Aokatoa and Tongariro lived on the land as Ngatiraukawa by their ancestral lights, and that Keremeta never lived on the land uj) to the Waikato war. The counter-claims set up by Harete Te Waharna and Major Te Wheoro are of precisely tho same nature, except that each claims on behalf of a different section of Waikato, so they will be taken together. These claims are based on the assumption that after a. long series of wars between Tainui (tho original inhabitants of the West Cojas-t) , and , Waikato, extending through several generations, the possessions of tho latter were narrowed down to the country in the immediate neighbourhood of Kawhia ; that between sixty and seventy years ago a large army of Waikato, determined to strike a final blow, attacked ond defeated Ngatitoa, Ngatikoata, Ngatitama, and otlier tiibes of Tainui, under the great chief Te Ranparaha, in a battle called /'To Kakakia," then, laying seige to Te Whenuapo and his people to make terms which resulted in their evacuating t!io countiy, leading it to thtt victors, who then entered inter possession and occupation of it excepting certain p >rt,ions which at various times were given by them to chiefs of Ngatiinaniapoto. In support of this contention, we had a dieaiy, circumstantial record of battles, massacre*, surprises and murders without end. Te Wheoro states also that neither N^atinvmiapoto n>r Ngititukairo took pa-it in this conquest, but that the latter recced permission from Te Kanawa-Te-Ikatu, of Waikito, to live temporarily at Oparau, and that it was tlio famous chief, Te Wherowhero who tirst established European tracers at Kawhia. In reply claimants, while not denying that many battles were fought between Tainui and Waikatos, set forth that Te Ranparaha and his people were closely related to Ngatiinaniapoto and Ngatihikairos, and occupied Kawhia jointly with thorn. That they, too, had their teuds and family quarrel-,, but always made peace and becaniti fiiendly when the fighting was over ; but at last, owing to the death of his wife, Marore, at the hands of Waikatos with whom ha was then at peace, and owing to hi-? desire to open up a trade with Europeans for the barter of flax for guns and auniunition, Te Raupar.iha determined to migrate to the shores of Cook's Straits, anil take possession of the country there, which, with the assistance of Ngapuhi, he had pirtially conquered in a previous raid, and that in the year 1819 he depnrted with all his people, carrying their goods and chattel--, h'rit making o\or the land, over which his mana still existed, to Te Rangituatea, of Ngatiinaniapoto ; that, after the lapse of several years, when European traders appeared a,t Kawhia, Waikato with Te WherowhcTo and other chiefs came from inland and joined iv the barter of flax for gun*, &c ; that, upo\i becoming supplied with arms, Te Wherowhero withdrew hiti people, all bat Kiwi of Ngatimaniapoto, who preferred to remain and occupy a p »si-t.i-in sub->er\ient to Nemthnniuapoto, who thereupon united him to .settle at Te Taharoa or lJarihari, but that ho or his descendants never until now assumed any right to the soil. Iv support of the statement that they luxe been p.uum uint in Kawhia the claim in ts point, out that when trade increased I hoy bought vessels to run to \lanuk\u and ere.tsd fl >;ir mills, while W.iikat > pori-^ssed no property of the kind in Kawhia, ml a!s> that the,v stopped the 'ittempt-v'd s vie of land by Waikato to the Crown. Lastly, they say that up to 18G4 the only Waikato residents in Kawhia were Kiwi's poople, but when the Waikato country was confiscated they increased in number, and were permitted— being refugees— to plant anywhere, for all the people being at that time followers of Tawhiao no distinctions were made ; but that neither H.xrete, nor Te Wheoro, nor their parents ever cultivated at Kawhia. The last claim is that set up by Mihi Ptspeno to a tract of c mntry about Kaipiha. She claims by ancestry, bv gift of Te Kanawa-Tamama to Te Tnlii aud his brothers, and by permanent occupation for three generations. In reply claimants say that there can be no ancestral claim, inasmuch as Mihi and her family are of Ngatip >n, who*> 3 lands are in another part of tho country; that the land nex'er belonged to To Kiuawa-Tamaina; that Mihi Pepjno's mother, Ripe.k, xvith her husbind Turnar, were placed at Kaipiha by tlie chief Makoare and others, who receixed from Turner a cask of gunpowder on the occasion ; that when Turner acquired stock ho pa-id a grazing rent, which rent was demanded and paid up to the time, of the setting up of the Maori King ; that a few years aero Pikia, of Ngatiirkairo, ordered the Turners to leave, but Tupotahi and Te Paiaka, of Ngatimaniapoto interfered on their behalf, but clatmints do not deny that Milri Penes family Inve been i.i occupation of [Caipiha from about the time of the fall of Matakitaki in 1832. The m lin questions which the court has to consider a'e — A. With reference to the east part of the Rohepotai Block, did the lands of Ngatiraukawa and Ngatiwhakatere fall into the possession of Ngatiho-na and it& hapus, or any other Waikato tribe, either by dft or bv virtue of the fights of Huiriinoana, Tanganvmia, Hangahanga- and Tamatawiwi, and did they then occupy the land? Or, on the other hand, was the title to tho land not disturbed in any way by these affairs ? B. With reference to Kawhia : Was Te Rnuparaha actu illy conquered and driven out of his ountry by tho Waikatos? And I'id they then enter into sole possession and occupancy, and maintain the same? Or, did Te Pt.inp.irah a deliberately abandon Kawhia during an intenal of 'peace, and did Ngitinnniapoto and Ngatitrikairo, by wrtuoof relationship and the gift to Te Rangituatea, succeed to his possessions, adding them to their own, and have they c mtinued to hold them ? C. With reference to the Kaipiha claim : Was there a bona fide gift of any part of the land, followed by permanent occupation? Or, did Ripeka and her family simply live thnre on sufferance ? To arrive at a just conclusion on those points wo have carefully considered and weighed the evidence brought before us. We have also sought for information from the records of the court in other cases, and from published accounts of early Maori history, and have come to tho following conclusions :— That with regard to question A : The bulk of Ngatiraukawa aud Ngatiwhakatere did at different times, on the invitation of their relative, To Rauparaha, go to Kapiti and acquire land there, but some remained and kept the fire burning, while those who at various times returned were permitted to re enter and enjoy hill possession without hindrance or interference, consequently there wa, no conquest of the land. Further, that there was no gift of any portion of it, and that tho Waikato tribes never exercised mana over this land, but merely resided on it temporarily as refugees, and that such occupation does not confer any rights. In dealing thus with the claims setupbyToTumulmia, Kaukuita, H.iimona Patara, Wire in u Te Wiulu, and Keremetj Ahumuku, xve. make a slight exception in favour of the firot named, because we think that by his connection with Hauaurii,'and by the relations proved to have, existed between them up to the recent date, he is entitled to some consideration ; the more .so that Hauauru has expressed himself as being very generously disposed towards the recently returned members of Ngatitakihiku and Ngatiwhakatore who have personally never been on the land before ! In answer to question 13, we say that we are of opinion that there was no conquest of Jvawhia, according to the strict meaning of the term, but that Te ftauparaha and his people wont away quietly at a time when there was no fighting; 'that NgT mamapoto and Ngatihikairo were at that time established in Kawhia, though the means by which they obtained a foot ng there are not clearly shown, and that a section of Waikato, namely Kiwi's people acquired rights of ownership by occu pat on of certain localises at some period subseqnont to Te RaujMiiiliaV. departure, and lived there on. friendly terms with Ngati>

maniopoto though there was somo quarrelling iv ti ftor years with Ngatihikairo ; that in the absence of a proper suvvoy the extent of the rights so acquired by Waikato can not now be defiuetely fixed ; that Ngatimahanga took no part in the alfair-i of K.iwhia after Te Rauparaha went away and have no claim now ; and further that the evidence about vessels, flour miles &c, goes to show that Ngatimaniapoto were, up to the Waikato War, the principal people in Kawhia. In reply to question C, the Comt con aiders that the evidence relating to Mihi l'epeuu's claims by auce>tiy and gift are not made cleat, but it is .shown that her mother \v,b fornully phoed at Kaiuiha, and as wo do not think th\t the piymonts alleged to have been made iudUcrmiin itely to both Ngatimauiapoto and Xgatilnkairo were made as lent, we consider that by long and continuous occupation she has an undoubtful light to that place. "^ r The Court has determined therefoie :—: — I. That an order for two thousand atues at or uear Korakonui issue in favour of Te Tumulnua and such others as he may name, the piece of land selected to be appiovcd by the Court. lE. That an order for that piece of land known as Te Taharoa, bounded on the South by the Ciown purchase at Hariliari, aud following the boundary of that purchase to its North-east extreme ; then by a line direct to Kawhia harbour, and by *he i .shore and coast line to the point of commencement, as shown approximately on the plan, excluding such portions as are hold under Crown grant, issue in favour of the claimants and such members of Waikato as can prove that they or their elders were iv occupation about the year 1840. ll f. That an order for that piece of land called Te Awaroa, bounded on the North by the harbour of Kawhia and the Kauri river, on the West and South by the Rakanui river, and on the East bv a line running from the Rakanui to the Kami, a.s shown approximately on the plan, is-,ue in favour of the claimants and s.ich member-, of Waikato as can prove that they or thenelders were in occupation ab ut the ye.ir 1840. IV. That an Order for that pieco of land known as Kawhia, bounded on tho Noith by external boundary from Kauknmaia to where the Mangaora stream crosses (or to its. nearest point of approach), then by that steam to Kawhia harbour, and by the shore of thithaibour and the coast line to the commencing point, as shown approximately on the plan, and excluding that portion which is held under Crown Grant, issue in favour of claimants and such members of Waikato, as can prove that they or their elders were in occupation about the year 1810. With reference to oidevs Nos. 11, 111, IV, when surveys have been made, the parties can apply for sub-divisions, and then the extent of the rights of each pirty can be defined and allocated. Y. That an Order for two thousand acres at Kaipiha, to be selected, if practicable, in such a manner as to include all the present houses and cultivations of the Turner family, and to exclude the houses and cultivations of other persons, isMie in favour of Mihi Pepeno and her co claimants, the selection of the land to be approved by tho couit. VI. That aii Order for all the balance of the Rohepotai BI»ck, with the islands of Karewa and Te Mohi, excluding such portions as are held under Crown Grant, or have been purchased by the Crown, i&sue in favour of the five tribes. The Oiders will issue on the production of approval plans of survey. The counter claims set up by Kauknita, Haimona Patara, Keremeta, Ahumuku, Wiremu Te Whitu and Harete Te Waharoa are dismissed. The lists of names for the Orders must be prepared and handed in as soon as possible.