2.4

PATUTOKOTOKO IN THE NATIVE LAND COURT

Whakaihuwaka.

Patutokotoko, led by Pehi Turoa moved to sites on this block from Manganui o te ao during the musket wars. Evidence was given in the land court about their occupations here.

Himu Materoa said that settlements of Patutokotoko were not on this block, but on the other side of the Whanganui River- ‘ a long way up the streams on that side-far up in the hills’

‘Parakiwai was first occupied by Pehi Turoa and others when they came from Manganui o te ao. He built a pa there-just above Ngaporo rapids- an eel weir there belongs to the Tuhoro and Kahutunu people- Pehi did not remain there many years’

‘The people on the land raised no objection to Pehi’s people taking up a position on the land there- they were a protection- all the hapu who came there were under the leadership of Pehi Turoa.’

‘Pehi came there as a soldier- he never lived at Pipiriki. Pehi Pakaro did, but that was only like his father. I mean he was living there without a right. Topia lived there with his wife Tatiana who was a woman of the land’

Tutawhiao

‘Pehi Turoa was a very important chief- he was at Puraroto because of trouble at Manganui o te ao- it was a safer position to take up. He came to the people on this land to protect them and they helped him. Rangitatau people were at Puraroto- this coming to that place was a mutual advantage’

Mahinui Rangitauri

‘Pehi Turoa came with a party to Puraroto and Parakiwai- he came to seek shelter from the war party of Tawhiri from Waikato. That party came towards Takinikini pa where Pehi and party lived, and so Pehi came to Puraroto on this block to be out of the way’

Te Keepa Rangihiwinui.

‘Pehi did not come because of any war. The reason people say he came to seek protection is that they thought because Pehi had gone away to help the Ngati Raukawa against Ngati Awa & another war party had come and killed people who had been left at Manganui o te ao and Pipiriki, and so the witnesses had go mixed up in the matter of history’

‘We, the people of the land had gone down the river fishing, and when news reached us we returned up the river- when we got near Pipiriki we heard the invaders had been defeated by Ngati Kura- ie the Pipiriki people. There is no question of his coming on the land for protection; that is entirely a mistake.’

2.5

Waharangi: Paekaka (Waharangi 7)

Topia and Wiari Turoa and others from Patutokotoko made claims for land interests in the Waharangi block- which went to the land court in 1899/ 1900 under several divisions. At the Paekaka hearing Topia gave evidence of occupation, ancestral rights and of protecting the people on the land.

2.5.1

Topia claimed under Hekeawai and Uenuku (son of Tukaihoro). Topia Turoa stated:

I live at Pipiriki. I have a claim on this land from Uenuku and Tuhurakia; Ahi Ka, Mana and Ringa kaha.

2.5.2

Hekeawai’s descendants were found to have a right:

As to Hekeawai; we noticed in the applicant’s case that great importance was attached to the fact that Puku was instrumental in making peace with Hekeawai, his brother who had behind him a strong force of armed men who had come from Taupo to avenge the death of their relative Parekitai, the mother of Puku and Hekeawai, and how at last the latter consented to withdraw his men and spare the people on this block. Hekeawai then pacified his soldiers and
induced them to return to Taupo without striking a blow. Now in the mind of the court, this was a very great thing for Hekeawai to do, and in our opinion quite as important as that
performed by Puku, which we by no means think little of, and it must be remembered that this land at that time was just as much the property of Hekeawai as of Puku for both inherited from their father Tuhurakia. We are also informed that the Pehi Turoa family and Hamarama came back twice on to this land- on one occasion to protect a ‘heke’ that was coming down the river. Though Hekeawai remained at Manganui a Te Ao, his descendants under Weka never entirely severed their connection with the Puku people on this land. Therefore we cannot conclude that they have no Ahika on this land. Except as to Kerei Hira; we think these people are entitled to some shares & we must make a suitable award to them later on.

2.5.3

Wiremu Kiriwehi said:

Tukaihoro always remained on this place.

Uenuku went away to Manganui o Te Ao and remained there and his descendants. His lands there are Papatupu and Paterangi and Te Ruakaka. They are called Ngati Uenuku.

2.5.4

However the claim through Uenuku failed through lack of ahi ka. A later witness Hohepe Te Rere said that Ngati Uenuku had occupied the land only temporarily- as part of a heke:

The people known as Ngati Uenuku at Manganui a Te Ao are the descendants of Uenuku mentioned by Topia in his case.

I deny that he and his father worked at Tapapa. He lived across the river; not at Tapapa. I saw them at Tahotu across the river… they lived there as a heke; I was not born when they came; they were still there when I grew up. I do not know they were on this place before I was born.
They did not live at Parinui before I was born.

2.5.5

A large number of the Patutokotoko were included in the ownership list. Of the 1484 shares in the block, 1084 were awarded to Ngati Puku; 200 to Ngati Hekeawai and
200 to Ngati Puke Te Rangi.

2.5.6

Topia was awarded 150 shares of the 200 for Ngati Hekeawai – (the other 50 going to Mata Kaioroto). The 150 shares were allocated by Topia to members of his extended family and supporters such as Rangihuatau.

2.5.7

Hiko Tahana (son of Tahana Turoa) received 2 shares in Mata Kaioroto’s list.

2.6

Tauwhare (Waharangi 5)

2.6.1

Reone Te Maungaroa had taken over as conductor of the block hearings after the death of Te Keepa Tahu Kumatia. He described himself as the adopted son of Pehi Pakaro.
This division was claimed under three children of Tuwhakaata (son of Turangatautahi.) namely: Tuheimata, Hinerau and Tamatautahi. Reone Te Maungaroa gave evidence:

Tuheimata and the others were children of Tuwhakaata. He had a pa at Huikumu… they spread from that pa onto this land and intermarried with descendants of Hine Hawera and Rakeitakaroa of strong hand notoriety- Hinerau’s husband was from Manganui a te ao.

We had three public meetings- Ngati Uenuku attended. Tuwhakaata and Hinewerewere [were put forward] by the Ngati Uenuku- we opposed claims- we admitted Tuheimata on the land but they wanted Tuwhakaata, but we would not agree. Tuheimata came onto this land through inter marriage with people of Hine Hawera. The north west of this block is part of Huikumu.

2.6.2

The decision of the Court was as per the application and the descendants of each of these three tupuna were awarded on the basis of one third of shares to each group.
Total shares were 3725. The shares in the various divisions of the Waharangi block were set according to size of block on basis on 1 share per acre.

2.6.3

Ngati Uenuku received 400 shares in the allocation through Hinerau- and were given another 50 shares by the descendants of Marupane (a son of Tamatautahi) for a total of 450 shares. The Turoa whanau were included in the Ngati Uenuku list,
although Topia did not give evidence or make an individual claim in this division. They received a small proportion of the 450 shares awarded to Ngati Uenuku. Hiko Tahana and three of his children are also included in the ownership list:

2.7

Kawaeopou (Waharangi 3)

2.7.1

This block of 113 acres was a burial reserve. Topia made a claim on a number of grounds:

Topia Turoa: I live on Kawaeopou; I claim to have a right on this land by ancestry, mana,
Ahika, ringa kaha, burial of the dead and gift.

Uenuku nui Whatihua or Poroaki
|
Uenuku
|
Haumia
|
Tamahapa
|
Tamatakoto
|
Turangatautahi
|
Hinewerewere
|
Turere
|
Tukaiora
|
Te Hitaua
|
Pehi Turoa
|
Rangihopuata, Alias Pehi Pakaro
|
Topia Turoa

I am living on the land; my father did; Pehi Turoa, and Pehi’s elder brother (cousin) Te Kaponga. I believe Te Hitaua lived on this land; I cannot say as to [where] Tukaiora & his father lived.

I say Hinewerewere did live on this land; at any rate her father owned this land, so I assume she lived on it too. Hitaua lived at Pipiriki; all the people lived at this place because it was the kainga. It is true that in the old days the people who died at Pipiriki kainga were buried on this Kawaeopou land. My father and his brother Te Tahana are buried there. My grand father & father & uncle were first buried across the river on the Whakaihuwaka block at Rangiahua, and at Te Aomarama, but the remains of my father & my uncle were removed on to this Kawaeopou land. I cannot say why the remains of my father & uncle were removed to this part. I was away at the time, the people of the land, I believe named Te Waka & Maeha removed them, but I cannot say with any certainty, as I was not here. I had nothing to do with the removal. My father died at Te Aomarama, and my uncle down the river at Waipakura.

As to mana. It was over the land and the people as a chief & warrior, and my influence & strength protected this land from invasion. The Ngati Awa came to the other side of Karewarera & the Ngati Hekeawai opposed them there- were led by Pehi Turoa and the enemy were defeated and fled and never came back.

2.7.2

The claim was opposed. After evidence had been given opposing Topia’s claim on the basis of lack of ahi ka, the local chief Reone Maungaroa was called by the Court:

I live at Pipiriki. I know this land – I have a claim on it. Hine Hawera is my ancestor.

In 1893 I, Te Keepa and Kaioroto went down the river to Putiki. Te Keepa spoke to Topia and said ‘We have cut off this reserve for the dead including Pehi and Tahana. You understand what I mean. I have been cautious and made the reserve for fear that outsiders should set up a claim to the land through the fact of the burials of Pehi and Tahana and other dead in olden days on this land. He- Te Keepa- did not actually say- we hand this land over to you as guardian
thereof. Topia said ‘What you say is good’. Kaioroto and I merely listened- we said nothing. No absolute gift of this land was made to Topia. Topia would and did understand that this land was being placed under his control, although it was not an absolute gift to him.

Reading between the lines it means this- For your sake we have cut this piece of land off as your father and uncle are lying there, and to avoid any future trouble through outsiders making a claim to this land generally through your dead and other dead buried there in olden days; This land is placed in your personal charge as guardian.

2.7.3

The Court’s decision went against Topia on all counts:

In this case the chief Topia Turoa sets up claims based on ancestry, mana, Ahika, Ringa kaha, burial of the dead, & gift. He sets up Hinewerewere- from Uenuku-nui- a –Whatihua as his ancestral right. The court finds that Hinewerewere had no right on this land nor have her descendants as such after her, we disallow this claim.

Mana- we do not find any evidence of mana such as would give a right on this land, and that claim cannot be allowed.

Ahika- We are not clear that his elders had or that he has ahika on this land.

Ringa kaha- We are disappointed in finding no evidence on the occasions mentioned that give any right to this land by reason of ‘strong hand’; we cannot allow this claim.

Burial of dead- It is admitted that Topia’s father Pehi Pakaro and his Uncle Te Tahana’s remains were removed from Te Aomarama and deposited in the cleft or cave on this land; but we find that was done by two of the owners of this land, as a friendly act to secure privacy for the bones of their old chiefs, and not giving any right on the land. Topia in his evidence admitted he had nothing to do with the removal, & was a long way off at the time. He did not know of it- this claim is disallowed.

And now we come to the claim of gift- A great deal of evidence has been taken on this subject; we are clearly of the opinion that Te Keepa had no power to make an absolute gift of this land to Topia.

The people, who with Te Keepa owned this land, were not consulted either before or after Te Keepa’s interview with Topia, as to an alleged gift of this land, and they (the people) absolutely object to their land being disposed of as a permanent gift to Topia. After carefully reviewing the evidence we are satisfied no absolute gift of the land was made to Topia. We think Te Keepa had the power to do, what we say, was accomplished, and that was to hand over to Topia the right of possession of the land during his lifetime, to keep it as a burial reserve, in trust for the former owners, and to protect the dead buried there. The proper owners will be ascertained by the Court, and their names placed on the title, which will be issued in due course, subject however to the condition of the Trust. Of course when Topia dies, the right of possession to this reserve will at once revert to the owners in the title.

2.7.4

Topia Turoa sent a letter to the court, in which he expressed the determination of ceasing to be the guardian of the Kawaeopou burial reserve- as the Court finds he has no real rights to the land he objects to being in a merely nominal position as trustee.
He did not take objection to the fairness of the judgment but thought that his children would not be benefited by his own trusteeship- this was published in open court:

Pipiriki, 25 January 1900

To Judge Ward,

Sir, salutations. This is a greeting to you, your assessor, your clerk, and your wife and daughter.
Greetings to you [all]. May God protect you. That is my greeting.

This is another word. What was said by my conductor yesterday, that my name should be removed from Kawaeopou. I am not able to contradict what I said as you have ruled on my life interest. Hence I say give over my life interest to the descendants of both claims, based on my clear understanding and not despondency. If I die soon what will be of my children today.
Those are my words.

From your friend

Topia Turoa.

[Letter translated from Maori language]

2.7.5

Topia’s daughter Makarena Topia was included in the ownership list- as one of 31 owners with equal shares.

2.7.6

Kawaeopou was later vested in the Aotea District Maori Land Board. Land was taken from the block for the river road and scenic purposes.

2.8

Upokonui Division: (Waharangi 2)

2.8.1

Topia claimed on the basis of ancestry- through Hinewerewere from Uenuku Poroaki, burial of his daughter, and a gift of land to his father Pehi Pakaro:

Topia Turoa -‘I live at Pipiriki; the evidence as to my ancestry on this block is the same as that stated in the Kawaeopou division.’

My other claim is an alleged gift to my father. Hukurua and Pehi Pakaro had a dispute about a piece of land where Te Keepa Tahu lived and it was the subject of an enquiry by Hori Kingi and Rev. R Taylor. They decided that Hukurua was in the wrong. And then this land Te Kowhai was given to Pehi Pakaro by Te Mahutu. The latter was a connection of Hukurua’s and he made the gift because of Hukurua’s mistake. I was not present, I was at Taupo. Te Mahutu was the principal old man of the people of the land. I don’t know the area of this land, nor do I know the boundaries. I know my father cultivated this land after it was given. I don’t know any one living who knows of that gift, and who can support.. But I heard this. After the committee at Jerusalem investigated the dispute between Makarena and Te Keepa Tahu; Walter Williams came up the river. Asked for information as to what the dispute had been about and he told Te Keepa he had no right to interfere at all because the land on this side of the river had been given to Pehi Pakaro by Te Mahutu. This is the 2nd time I have heard of the gift.

Kawaeopou was a part of Upokonui and my ancestral right is the same. My daughter is buried in Upokonui. Not within the gift land. Her name is Tarete, she is buried in the Upokonui pa. She had been adopted by Te Keepa’s parents, and was living with them when she died.

When I came back from Taupo I heard of this gift. Pehi had just left Te Kowhai and moved to Te Ao Marama. The crops were still growing at Te Kowhai and were gathered afterwards. Pehi had not worked at Te Kowhai before the land was given to him by Te Mahutu.

When Waata Wiremu spoke to Te Keepa about interfering Te Keepa made no reply. I never heard who worked with Pehi at Te Kowhai. Reone and his elders lived with Pehi and worked at Te Kowhai. They lived with him because they were relatives of Pehi’s wife Te Riu. Te Riu was a descendant of Hinewerewere. I don’t know who Pita & Reone’s elders were descended from.

2.8.2

This claim was opposed; case conductor Reone Te Maungaroa said he did not know of the gift – the claim on the basis of ancestry was opposed, and the decision went against Topia. The Court said:

As to Topia Turoa’s claim, we find Hinewerewere gives him no right to this land, neither does the burial of his daughter; she was buried on this land by her adopted father.. as to the alleged gift the evidence is too vague to support the claim; perhaps more evidence in the course of a few days; we will let this item of judgment stand over for a week or 10 days; otherwise the judgment as to this division is complete as far as it goes.

2.9

Waharangi (Waharangi No 4)

2.9.1

A claim was made in this division under Tuwhakaata and Hinewerewere; however it was opposed by Te Keepa Tahu Kumatia and others. Te Keepa asserted the proper tipuna were the two other children of Turangatautahi- Tumokai and Hine Hawera. Te Keepa conducted the Waharangi hearings until his death part way through the case. His knowledge of the history and whakapapa of that region was unparalleled. The Court adjourned the hearings as a mark of respect to Te Keepa’s family, with Judge Ward saying, ‘The Court expressed its great regret on the death of Te Keepa and said it condoled with the relatives of the deceased chief on the loss they had sustained.’

2.9.2

Topia was not included as an owner, and the only member of the extended family to be so included was his daughter Makarena who received 4 shares (out of a total of 5622).
Topia did not give evidence in this division; however he appealed the decision on the grounds all of the children of Turangatautahi should have been included as tupuna in the block.

2.9.3

Arama Tinirau represented Topia- repeating the grounds of the claim made at Kawaeopou and at Waharangi for the tupuna Tuwhakaata- and asserting that the court had not properly considered them. As to the opposition to the claims Arama said- on Topia’s behalf.

If all the old people of Ngati Kura had survived they couldn’t possibly deny all these things- they all knew that Topia was the principal person of Whanganui and proper he should protect all his people. Unfortunately all the people surviving are children- they are ignorant of these customs of our ancestors. They think nowadays as the law has come in they can use it to their advantage and deny the old people. Ngati Kura & Ngati Hau were the tribes of Pehi Turoa and his mana has come to Topia. All these matters were carefully placed before the Court.

There was a case set up by Wiari Turoa in Tauakira- it was set up under the mana of Turoa; no other case was set up before Judge Ward, and a decision given in favour of mana. This is the same mana set up in Tauakira, and it was before the same mana and the same judge. Topia’s case is exactly the same – his occupation & claim are based on this mana.

2.9.4

Ihaka Rerekura spoke for those opposing the appeal, and the Court said it saw no reason to vary the decision.

2.9.5

In summary, the hapu which had received land downriver as Patutokotoko were included as owners in Waharangi 7 as Ngati Hekeawai; in Waharangi 5 under Ngati Uenuku; while the claims in other divisions of Waharangi were unsuccessful, and only individuals were included as part of other hapu lists.

2.9.6

The two divisions in which they received substantial shares were an area in the north of the Waharangi block, close to the Manganui a Te Ao river.

2.9.7

The occupations of Pehi Turoa and Patutokotoko during the musket wars counted for little and did not translate into shares in the land, with the Court accepting those occupations as temporary.

2.9.8

The claims on the basis of chiefly mana were not successful- as they had been in earlier cases – such as Tauakira, Rangataua and Urewera.

2.10

Ngaporo

2.10.1

At Ngaporo, Wiari Turoa made a claim on the basis of ancestry:

I live at Whanganui I have a claim on this land Ngaporo, I know the land – I claim it through my ancestor Kuramaiangi, and Rangitautahi and Kurawhatia. I will now trace my descent from:

2.10.2

The claim was opposed by the conductors of the case Hamuera Kaioroto and Te Rangihuatau and consequently failed.

2.11

Whakaihuwaka

2.11.1

This was another large block which went through the Land Court on the morning of 23 February 1886. Along with Taumatamahoe and Maraekowhai, this block was dealt with by the Court between the opening of the court at 10 am and morning tea.

2.11.2

The tupuna set up were Tamahaki and his brother Tararoa- there were no objections and the matter was adjourned for lists to be provided. Wiari Turoa filed a list with the Court.

2.11.3

The ownerships lists were finally set down by the Court on the 4 March. Wiari’s list included himself, his nephews Porokura Patapu, Hiko Tahana and Topia’s son Wiari Topia.
Topia’s other son Hipirini was also in the ownership list.

2.11.4

Tahana Turoa was also put in the ownership list although he had died in 1874. Tahana was also included in the ownership lists for Waimarino, Retaruke and Rangataua years after his death.

2.11.5

In 1897 an application was made for a definition of the interests of the owners. Major Kemp and a large number of tangata whenua were not happy with the lists as compiled in 1886, being of the opinion a number of entitled people were not included.

2.11.6

On 1 October 1897 Major Kemp and a large number of natives attended Court and asked for advice as to a number of people, which he (Kemp) said had been omitted by the Court at investigation of title; and who in the opinion of the tribe had good right with ahi ka on the land.

The Court said there was no power under the Native Land Acts to put these people in. Major Kemp asked whether it could not be done under section 59 of the 1894 Act. The Court said the people could appeal to the Chief Judge under this section and if he thought just, he could refer the matter to the Native Land Court to hold and inquiry and report.

On 2 October 1897 the Whakaihuwaka hearing was adjourned sine die with a view to seeing if other people may be included in the order for title as spoken of yesterday. On 12 January 1898 the case was before the Court again with the question of ownership being reopened after an application under section 39 Native Land Act had been made by Kemp and a consequent referral to the Native Land Court under section 49 by his Honour the Chief Judge.

2.11.7

Wiremu Kiriwehi opened the evidence and said:

The names of other ancestors in addition to the 2 set up should have been placed before the court; but this was not done though their descendants were put in the lists. Since the first hearing I have used every endeavour to get my name and that of my children and sister enrolled…

The ancestors that I know of and who should have been set up in addition to Tamahaki and Tararoa are:

1 Rangitautahi
2 Kurawhatia
3 Karewarewa, &
4 Uenuku Poroaki.

I come from Kurawhatia and Uenuku Poroaki.
I do not know why their names were not put before the Court.

2.11.8

Rangatira and genealogist Te Keepa Tahu Kumatia followed and said the small group of chiefs who had shepherded the cases through the court at that sitting had been acting under the advice of Crown land agent William Butler.

Kahu Tiheru was recognised by people as a proper right on this block but her name was not set up as an ancestor at the first investigation of this block. The people deliberately left her name out of the list of ancestors, and other ancestors were also left out.

We were HauHau’s then & we were told by the commissioner not to set up too many ‘takes’ & so we set up just the two whose names were placed before the Court. We acted under the advice of Mr Butler- the land purchase commissioner. He told us after the survey we could put in additional people. Now we find we cannot put in other ancestors & people.

2.11.10

Himu Materoa said:

At the first hearing of the case it was the doing of Kaioroto, Te Keepa Tahu Kumatia and a few younger people to set forward Tamahaki and Tararoa so that the Nga Rauru should have no chance of getting in; it was understood then that these two were not the principal ancestors on this land. It was understood that Rangitautahi and Turangawhaia were not separate on the south part but that Turangawhaia was alone on the north part.

Those whom understood about it knew the two ancestors set up were not the best owners of the land.

We did not set up before the court our best right to the land to keep others out.

2.11.11

Tawhiao said:

It is only lately I have heard that Tamahaki was passed by the Court as one of the two ancestors on this land; I heard that all these blocks Taumatamahoe, Maraekowhai and this block were put through at the same session. I heard that Tamahaki was the ‘take’ for Maraekowhai- I objected when I heard it. I also heard Tamahaki was set up in Whakaihuwaka so as to deceive the Nga Rauru. Tamahaki was also the ancestor for Whitianga.

Tuihu of Ngati Maru was also set up, but they were defeated. We admit Tararoa’s boundary. No one objected to Tamahaki because they arranged among themselves outside of Court to set up Tamahaki so as to deceive the Waitotara people. I am a descendant of Tamahaki.

The proceeding by the people was conducted this way. The tribe settled the division of shares and then submitted them to the committee for confirmation. The big boundary mentioned yesterday was between Rangitautahi on one side, Turangawhaia on one side and the Nga Rauru and Ngati Ruanui on the other side. Rangitautahi arranged the boundary of this land with Tamahaute of Ruanui.

But in this generation the Nga Rauru have ignored this boundary and have got lands within that boundary under different names, so as to deceive us.

Tamahaki had no right to be put into this block; nor had he any right in any of the other blocks.

2.11.12

Rangihuatau also came in for criticism as to his part in the choice of tupuna for the land. Tutawhiao said:

I attended a meeting held at Pipiriki last August about this land. Rangihuatau was present. I heard Rangihuatau say at that meeting that his right on this land was from Turangawhaia & Rangitauhenga. I disputed his statement at that meeting before all the people, so when he heard what I said; he said let some old man of Ngati Ruru speak about it.

Uenuku Tuwharetoa was selected- he was not present. So Rangihuatau said ‘let him come and decide between us because he is an expert genealogist’. He was bought and questioned by the committee, and said he did not know Rangihuatau as a descendant from Turangawhaia.

When the committee asked the old man who were the proper descendants of Turangawhaia he said Wi Te Korowhiti and Rena Tio. When Rangihuatau saw this and heard what the old man said he intimated that he would not accept the ruling of the committee on that evidence and would bring the case before the Court.

Rangihuatau did not speak of his right from Tamahaki, but from Turangawhaia. Finding the case was against him Rangihuatau went home; and returned and said he wanted to have his case investigated again by the committee; he set up a different right- he set up Turanganui.

I said I would not answer that till the Ngati Ruru all came; but before they arrived Rangihuatau went to town, and when in town he set up Tamahaki.. Rangihuatau has no right on this land- his rights are at Raoraomouku and he sold that land.

2.11.13

A number of other tupuna were added by the Court and their descendants included as owners:

2.11.14

As to the Patutokotoko claimants Topia was offered 200 shares to recognise his position as Rangatira and his mana although this was not taken up. Topia and Wiari had sought 2,500 shares through ancestral rights and the mana of Pehi Turoa. Topia
said:

At Pipiriki meeting they offered me shares through Aroha so I concluded I did not have a land right. We were offered 200 shares to me alone- they thought they could get my name in the list of owners.

On being Cross examined by Whatarangi he said ‘I did not object to the 200 shares your people offered me’

Q. Why did you ask the committee for 2,500 shares?

A. We did so for all our rights under TuraKawa, Kahu Parenga, Hinetoke, Uenuku and Kurawhatia; and the mana of the ‘takes’ in Pehi Turoa.

2.11.15

Wiari was an owner in the original list and claimed substantial shares under the same ‘take’ as Topia:

We have ahika all over the land. The people occupied this land through Pehi Turoa’s protection. I have occupied on this land. I grew up at Puraroto from when I was small.

I am the only one of our party (family) who are in the title and who have lived on the land.

Rangitautahi- I have lived there.

Descendants of Rangitautahi have lived there. I have never seen Taitoko living on this block. I want 1,000 shares for myself as representative of Pehi Turoa’s mana.

One thousand for Rangitautahi and one thousand for Kuramaiangi. We lived on this block also at Wakapapa, Te Aomarama, and Pipiriki proper – cultivated there.

No one objected to us or disputed our right to do so. There was always trouble on this land before Christianity.

There were no boundaries on this land but people respected the working places then- did not interfere with other people but kept to their own places.

2.11.16

There was opposition to the Patutokotoko claims as spoken by Himu Materoa:

The settlements of the Patutokotoko were not on this block but on the other side of the river- a long way up the streams on that side – far up in the hills.

When fighting abroad Pehi Turoa was the captain, but he was not better than other chiefs in Whanganui…

Para Kiwai was first occupied by Pehi Turoa and others when they came from Manganui a Te Ao. He built a pa there – just above Ngaporo rapids – an eel weir there belongs to the Tuhoro and KahuTuna people. Pehi did not remain there many years- when he came away and separated. I can’t say how many years he occupied at that place.

The people on the land raised no objection to Pehi’s people taking up a position on the land there – they were a protection – all the hapus who came there were under the leadership of Pehi Turoa. After leaving RereKowhai Pehi went to Pakura and Rangitautahi- that place was given to him to occupy by Mehuri’s grand mother Piki Hawaiiki.

Pehi did not come there as a descendant of Tamareheroa- he came as a soldier

Pehi never lived at Pipiriki.

Pehi Pakaro did, but that was only like his father Pehi did at the other places. I mean he was living there without a right.

Topia lived there with his wife Tatiana who was a woman of the land.

Pehi Pakaro died on this land and was buried there and his brother Tahana who died afterwards at Waipakura was taken upriver and buried beside his brother Pehi Pakaro on this block.

Afterwards the bodies of Pehi Pakaro and Te Tahana were exhumed and buried at Otapu on the Waharangi block.

In the olden days no objection was made to burying chiefs on this land.

Topia Turoa does not live on this block, but across the river on the township side.

The reason why the people proposed to give 200 shares at a meeting at Pipiriki was not that he had a right on the land, but because he was the last of the old chiefs and he possessed great mana. He is not in the list of owners. We did not recognise he was right on this block as a descendant of Kuramaiangi.

2.11.17

Uenuku Poroaki was added as a tupuna and an inquiry held into those holding rights as descendants of this tupuna. Inevitably Rangihuatau was a claimant:

I am a descendant of Uenuku Poroaki and I have worked on the land of this ancestor. I have worked at Otaura & Tahairapa – Wiari Turoa also & Potatau party…

I worked there 5 years with my elder brother Pitaua. I worked there under the right of Uenuku Poroaki. I knew this to be his land because he was buried at Mangataonuku Stream – I mean he was not buried actually; his body was put up in the fork of a Rata tree near the stream; no people are buried at these two kainga.

My people only worked at these 2 places – we had no name trees or Kaka perches -I was a young man then – my companions were my brother Pitaua & Ruka Rangiheuea – an elder relative, & Rangiaua – an elder & their wives. Those 3 men were descendants of Uenuku Poroaki.

Topia Turoa saw me working at these places; I have seen Topia about them, but not working, His father worked there. Topia Turoa is not in the title, but wants to get in. Wiari Turoa is indifferent to Topia’s claim. Wiari Turoa has the same right I have.

I have spoken the truth in saying I worked at these places.

2.11.18

Potatau Kauhi also claimed under this ‘take’

My name is in the list of owners of this block. I am a descendant of Uenuku Poroaki. I have ahika on Uenuku’s land- at PoroPoroaki- just to the seaward of Mangataonuku stream. I first worked there at the time the soldiers were here. After Moutua 1865- we used to go to PoroPoroaki to work.

Before we lived at Pipiriki we were among the Hauhau’s. My parents had lived at Pipiriki before they joined the Hauhau’s; and they worked at Pipiriki and at PoroPoroaki, and at an eel weir at the mouth of the Mangataonuku stream – I have worked at that eel weir and no one interfered with me.

2.11.19

Te Keepa Tahu Kumatia opposed their claims:

I am an owner in this land. I am a leading man of the Tararoa people. I know Rangihuatau. I heard his evidence this morning. He is wrong in saying that he worked on the places of Uenuku he has named. Tahairapa is the land of Uenuku Poroaki.

I never saw Potatau working at PoroPoroaki. We came back from the Hauhaus in 1867, and in that year the soldiers ceased to occupy the redoubt at Pipiriki.

I never heard that Uenuku Poroaki’s body was put on a tree – I heard of his death but I did not hear how his body was disposed of. In the old days it was common to place the dead in trees & to cremate the bodies.

We have two burial places at PoroPoroaki. One is Otata and the other PoroPoroaki.

2.11.20

Ihaka Rerekura spoke of Uenuku Poroaki’s land:

The people who have divided the shares of Tararoa are myself, Te Keepa Tahu & Reone. The reason why we set aside shares for Uenuku Poroaki people is because they have always occupied permanently on this land…

Uenuku’s land is between Pauirau and Mangataonuku stream- Te Pua rapid is just a little upstream.

2.11.21

Rini Hemoata, a senior local chief was called by the Court to give evidence

I live at Hiruharama; at one time I lived at Pipiriki. Kataraina was my second wife – during the long time from our marriage she had a right to this land through Uenuku.. I constantly worked at the Te Puha eel weir; my wife and children assisted me…

Rangihuatau never worked at Tahairapa – I am older than he is – I am sure he never worked there.

Potatau did not work at PoroPoroaki – he was one of my young men. Hamarama had no workings on this land.

2.11.22

Wiari Turoa was also called by the Court:

I don’t profess to know much about this block, but I know places on the river land that my father Pehi Turoa at one time occupied. I am a descendant of Kurawhatia. I don’t know PoroPoroaki. I know Taharapa but I don’t know who occupied there. I have heard it said that Rangihuatau, Hamarama and Potatau as being owners on some parts of this block but I don’t know where.

2.11.23

In a brief judgment the decision went against the claimants:

The court is of the opinion that the parties under Rangihuatau, Potatau Te Kauhi & Mata Rorangi have failed to prove they have ahika on the Uenuku Poroaki portion of this block.

2.12

Whitianga

2.12.1

At the Whitianga hearing Topia played a leading role in conducting the case. The decision was made that 200 acres would be given to Topia while others in the hapu were to receive lesser amounts of land.

2.12.2

The 200 acres for Topia Turoa was to include Kirikiriroa settlement and burial ground-this portion was to be called No 2A. This allocation published in court and agreed to without exception. The other owners were put into the No 2 block and it was agreed they shall own in equal shares. It was ordered that Whitianga No 2A would be for Topia Turoa.

2.12.3

The ownership list for Whitianga No 2 began with the members of Patutokotoko:

2.12.4

An appeal was made to this decision and when it was heard Major Kemp said:

Topia made a mistake in discussing the title to this land at the former hearing without consulting the Upper Whanganui natives.

2.12.5

The ownership after the appeal was awarded through various hapu – Topias whanau receiving shares as Ngati Hekeawai. Their list comprised 39 persons and they received 680 acres.

2.13

Pipiriki Township

2.13.1

At the Pipiriki township hearing, a claim by Ngati Uenuku was made on the grounds of ancestry and occupation. Menehira Te Kooro stated:

The right of Maka, Warena and Porato on this land was Ngati Uenuku- this Uenuku was the son of Tu Kaihoro before mentioned as well as the other right.

2.13.2

The claim was opposed on the grounds that their occupation in the area had been temporary- during times of the musket wars- and that they had returned to Manganui a Te Ao. Taumatamahoe Hae said that:

These people came down from up the river & settled here for fear of Ngati Raukawa war parties. These people were known as Ngati Uenuku; Ngati Tara; Ngati Atamira. They came from Manganui a te ao (about 20 miles away) After staying a while at Autumotu they all went back except Ngati Tara…

Te Waka, Warena, Pirato & the others came in the Uenuku heke. I saw these with them. The hapus that came down the river returned to their homes as soon as the trouble was over & Weka, Warena and Pirato returned back to Manganui a Te ao and they did not return on to this land.

2.13.3

The opposition included Rangatira Te Keepa Tahu Kumatia:

I know this land Waipuna- Uenuku people have no rights at Waipuna- my elders told me this land belonged to Taumota & Tapa.

My elder brother told me Warena, Waka and Pirato came in the heke from Manganui a te ao and they returned back there as soon as the war scare was over… when these people were here they lived at Pipiriki (across the river on the Whakaihuwaka block) & Te Autumotu

These heke people remained for a while and then they returned. Some died on the land, but none came to Waipuna.

2.13.4

The claim under Uenuku was not successful and the only member of the Turoa whanau to receive an interest was Hiko Tahana who received a small allocation of 3 shares.

2.14

Taumatamahoe

2.14.1

There was no claim made by Topia or Wiari Turoa, although there was extensive occupation of sites such as Parinui in this block during the period immediately after the Patutokotoko had left the Manganui a Te Ao.

2.14.2

Some individuals associated with the hapu were awarded shares including Paoro Patapu’s wife Rena, their daughter Merania, Pehi Hitaua’s son Topine Turoa, and Topia’s son Hipirini.

2.15

Waimarino

2.15.1

Patutokotoko appear in the ownership lists for the Waimarino block. Most were sellers and received awards of land in the sellers reserves. Topia and Wiari sold their shares to Crown agent Butler on 22 April 1886- this was very early in the purchasing process.

At that time Butler signed an agreement that Topia would receive £1,000 for assistance in guiding Butler and Stevens to kainga to obtain signatures. When a claim was made for this money in 1899 Butler said Topia had not provided the assistance- and the government refused to pay.

2.15.2

Butler says Pehi Hitaua was ‘the most important owner in that part of the block which the Government most desire to secure’. There was concerted opposition to Butler’s efforts from Manganui a Te Ao people who were disenchanted with the scale and speed of the land loss.

Grace made another attempt to purchase Pehi Hitaua’s share and travelled to his kainga at Ngatokoerua. He met Pehi on 6 January 1887 and found him strongly opposed to selling.

2.15.3

Most of those who could be identified as “Patutokotoko” received their allocation in the Waimarino A Reserve:

2.15.4

Tahana Turoa who had died in 1874 was included in the ownership lists compiled in 1886. He is listed as a seller, and it is questionable as to who would have sold his share. Tahana received an allocation of 50 acres under Ngati Whati in the Waimarino C reserve.

2.15.5

The notable Rangatira Pehi Te Kore or Pehi Hitaua, the younger brother of Topia Turoa, received awards of land in Waimarino 3 and Waimarino 4 blocks as Ngati Ruakopiri.