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COMMISSIONERS' COURT, TAURANGA.

The following are Mr Commissioner Brabant's judgments on the claims that have been heard by him during the late sittings of this Court : — •

TE AWAKOKOPU CLAIM,

This is a claim made by Hamiora Te Iwipau to Te Awakokopu block, he asserting that the laud has descended to him from ancestor Puaroro. The Ngatimuru (Te Moananui and others) also claim it as descendants of Parahika and Tainapeke. Te Kirirahi also makes a claim for herself and others, who are also descendants. Her claim is disputed by Te Iwipau as well as Te Moananui. Ngapire Te Moananui also made, in the year 1881, a claim to this land. It is said bj Te Moananui that Puaroro's descendants caunot claim on the Matakana Island. This matter was argued at great length in the Uinuhapuka case. This, however, is somewhat different, as Te Iwipau has endeavoured to prove occupation. In looking at his evidence of occupation, the persons he states occupied this block were Te Ratoringa, Te Hanatu, and Tope ; the last of these was two generations before Te Iwipau, himself an old man. There is no corroboration of these persons having occupied. Ho states that he himself has worked on a part of the block, but that statement is denied. On the other hand, the evidence of occupation brought forward by the Ngatimuru is very strong. It is not denied that Tc Moananui gave Paora Meriti leave to work there are a few years ago, then turned him off, and that after he left the Ngatimui'a themselves occupied his cultivations. It was also shown that the Ngatimura had the land surveyed some years ago. Purther, this is one of the lands which the late Te Moananui Maraki arranged with Mr Commissioner Clarke in 1569 should be set aside for the Uparae halt-castes and his children. This Court is of opinion that the descendants of Puaroro, Te Iwipau, and others, and Kirirahi and others have not proved their cases, that the Ngatimura have, aud the land is now adjudged to Te Moanauui and the Ngatimura, subject to future adjustment of the late Te Moananui Moraki's arrangement with Mr Commissioner Clarke. TE WAIIIIKEftE CASE. This is a claim made by the Ngai tokarehe and Ngaitamatera, Hohcpa Paama and others, to a large block called Waihirere. The western boimbary of the block was disputed with

the Matakana claimants. That question the Court has already settled. The Ngatikoroera also claim within the block, and they have agreed with Hohepa to merge their claims iv one. The only question for the decision of the Court is the south-eastern bouu. dary of the block, which is disputed by the Te Ngare hapu, the claimants to Te Umuhapuka. Both parties have had their boundaries surveyed and placed on the plan. After carefully considering the evidence of occupation brought forward by each aide, the Court lias decided to adopt Hohepa Paama's boundary line as that between the Waihirere aud Umuhapuka blocks. TE UMUHAPUKA CLAIM. This is a claim made by the Te Ngare hapu to the Umuhapuka block. Their title to the block is not disputed, but there ai'e seven sets of counter-claim-ants to small portions of the block, or to be inserted in the list of owners. 1. Hohepa Hikutaia, on behalf of the Ngatikorako hapu, asserts a claim to Te Piha. The claim has not been made out for the hapu, but as Te Ipu, one of the claimants, appears to have some claim through relationship to Te Paea, one of the principal claimants, the Court thinks they should insert his name in their list. 2. A claim is made by Te Mete BauIcawa, on behalf of the Ngatitemihiora, to AVhangaoau. They claim as descendents of the same wife of Te Whakatiarere. The Te Ngare contest their claim (1) on account of their being descended from the slave wife, and (2) on account of their being unable to prove occupation- The Court thinks their'claim must fail for the second of these reasons, as they have not occupied the land they claim (Whangaoau) at all events for generations past. 3. Ngatitakaawa claim Kaitaua as being the descendants of Bouroutehi. It is urged, however, by Te Ngare that this land belonged to certain descendants of Bouroutehi, viz., Kari, Tope, and Kuaka. The Court is of opinion from the evidence that the chief owners of this land are Pererika, as descendant of Kari and Tope, and Akapita, as descendant of Kuaka ; and that the Ngaitakaawaawa cannot be allowed in the list except by consent. If, however, Pererika and Akapita agree to one or more being admitted the Court will put them in the list. 4. The Ngatimura claim Te Ika a Kahia, as being descendants of the slave wife of Te Whakatiarere, and as having occupied. They are objected to by Te Ngare Ist, as being descended from the slave wife, and the alleged occupation is strongly denied. We have had doubts about this claim, but we do not think the occupation has been satisfactorily made out. 5. Ngaituwhiwhia and Ngaitokorehu made a claim to Kauaenui, which was settled out of Court. The survey will be ordered on the boundaries as agreed on; and the Court directs that the list of names be brought up by Akuhata Tupaehu and Te Kuka Te Puru.

6. Te Kahukoti and Te Pohoi make a claim to a certain ownership over the whole block on account of their descent from Puaroro. It appears from the evidence, however, that Puaro's first conquest, as ifc is called, can have no influence over the title to the block, and the cescendants cannot prove occupation, and the Court has no difficulty in deciding against this claim.

7. Hohepa Panua asserts on behalf of the Ngaitamatora, Ngaetuwhiwhia and Ngaitokorehe a claim to Mangakorete. The question is one of occupation, and looking at the fact that Hohepa's attempts to occupy have always been stoutly resisted by Te Ngare, and the fact that a meeting of natives decided against him, the Court adjudges this land to Te Ngare.

The Umuhapu Block, with the boundaries as now fixed by the judgments in this and the adjoining blocks, and with the reservations as mentioned above is now adjudged to Te Ngare and the persons admitted by them.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/BOPT18840318.2.8

Bibliographic details

Bay of Plenty Times, Volume XIII, Issue 1662, 18 March 1884, Page 2

Word Count
1,045

COMMISSIONERS' COURT, TAURANG A. Bay of Plenty Times, Volume XIII, Issue 1662, 18 March 1884, Page 2

COMMISSIONERS' COURT, TAURANG A. Bay of Plenty Times, Volume XIII, Issue 1662, 18 March 1884, Page 2