Maori Lament Sung As Evidence To Land Court

Press, Volume XCVI, Issue 28436, 16 November 1957, Page 14

Maori Lament Sung As Evidence To Land Court

(New Zealand Press Association) KAITAIA, November 15. An ancient Maori lament chanted by a witness opened evidence before tlie Maori Land Court investigating the ownership of Ninety-Mile Beach. Between moments of poetry and law, the Court heard from the applicant, W. H. Te Pania, of Ahipara, a vivid story of battle, siege warfare and sudden death enacted on and around the beach. The decision of Chief .Judge D. G. B. Morison, who held that the Barawa and Aupouri tribes had held the foreshore of the Ninety-Mile Beach as customary Maori land up to the date of the Treaty of Waitangi in 1840. was greeted by a song of thanks and a haka of triumph by the many Maoris who packed the Court.

Mr H. Rosen, who with Sir Vin-| cent Meredith. Q.C.. appeared for! the association, gave notice of appeal against this preliminary; decision and Judge Morison granted the application, which is, to be lodged at Whangarei byj January 31. 1958. The Judge said the Court would also state a case on two legal points raised by the Crown for the Supreme • Court, and Mr Rosen agreed that it would prepare this matter and refer it to counsel for the appli-i cant. Judge Morison said the tribes, had effectively occupied the beach; to the exclusion of other tribes and that it was a major source of food to them. In the circumstances existing before the treaty, tribes exercised complete dominion over their territory, the boundaries of which altered from time to time by war or conquest, just ’ as the boundaries of the States in the Western world changed. The evidence of the Rev. Matu Kapa, an 80-year-old Anglican minister from Tuakaru, was •‘sung" in the ancient Maori style. Mr Kapa recounted the wanderings of an ancestor named Tohe along Ninety-Mile Beach to Ahipara from Spirits’ Bay. Mr Kapa, at the Court’s request. led the chant which three elders present took up in the weird minor key of archaic Maori music. Regarded as True Mr Kapa sang the lament his ancestors had sung as he gazea back along the beach. Mr Kapa said that even today i the elders regarded the strip with its supernatural incidents as being true. He gave his genea-j logy for 14 generations back to Tohe. He said that after ’ the Rarawa tribe had gained control of part of the beach by battle, the Aupouri lived on each side of the Bluff because of the abundance of seafood. Later they dug gum even on the beach below high water mark and charged a royalty to the Dalmations who dug the gum inland. After further evidence on land Fales Mr Kapa said his grandfather had been one of those who sold a particular block to ffie Crown for £lOOO. This, he laid, was much too cheap. Judge Morison asked that the words of the chant, which is common to both the Rarawa and Aupouri tribes, should be written down for the record. There was laughter when Mr 3. Dragicevich, who appeared for the applicant, suggested to Sir Vincent Meredith that he might wish the witnesses from the Crown to sing their evidence. Sir Vincent Meredith declined the Invitation. Battle on the Beach Hone Waata Tepania. azed 54. of the Aupouri tribe, said that ifter the Rarawa defeated his ancestors a dividing line was drawn on the beach as a frontier, near the present Waipapakauri turnoff. The last battle on the beach was at Hukatere between 1822 and 1828. with the Ngapuhi and Rarawa against the Aupouri. The invaders were well supplied with guns and were led by the conqueror Hongi Hika. They failed at first to storm the pa at Hukatere and only managed to take it by setting the palisade on fire The defending chief was a great warrior and athlete called Te Houtaewa. He led a sortie and cleared a way so that his followers could escape but was shot in the leg by Kiroa. a slave belonging to Hongi. Chased across the peninsula to Houhora harbour by the man who had shot him and others, he was killed in a hand-to-hand struggle with the slave. Although handicapped by his wound. Houtaewa would nave won but for a lucky blow by Kiroa with his broken weapon as the wounded man leapt on Crossword Solution Following is the solution to the crossword puzzle printed on another page: ACROSS: 1. Swallow; 5. morning: 9. ado; 10. melancholia; 11. ground-hog; 12. shred; 13. chloroform; 15. idol; 17. nope; 19. asceticism; 22. eclat; 23. pedagogue; 26. secretarial; 27. and; 28. retinue. 29. mariner DOWN; I. slang: 2. axolotl; 3. luminary: 4. welsh; 5. menagerie; 6. rehash: 7. ill-bred: 6. grand •lam; 13. confessor; 14. fish-plate; 16. •ingular; 18. polecat: 20. ingrain; 21. Btrewn; 24. deism; 25, eider.

I him. After this fight peace was ■jmade and Rarawa and Aupouri joined with Hongi in attacks on the Waikato people. Reason for Decision J After the witness had given J evidence on tribal boundaries. ’ Judge Morison said he felt hej ' had enough evidence to decidel the preliminary point as to ; whether the beach was held as • customary land before the Treaty ■ .of Waitangi. If he rul.ed against i [this there was an end to the pro-i 'ceedings: if he admitted the case, I ' t there were matters of law which ■ : had been raised by the Crown. ■ ! The case was a matter of high' ' importance, he said, and shouldj be dealt with by the Supreme' . Court or the Court of Appeal. ■ Sir Vincent Meredith said he ! thought the Crown would not let i the matter rest against it except . in the Privy Council. ? Judge Morison replied that he I knew there were claims to other tidal waterways such as Porirua i Harbour and that the Crown re-■ ilgarded this as of considerable im- ; portance. Judge Morison said that to i . save time and money it might ■ > be as well to refer the legal ques- j ’ tion to the Supreme Court which ■ could, if it wished, take further | , action, by stating a case for the ] , Appeal Court. The case affected , every tidal beach in New Zea-1 ’ land. | Australian Mission.— An inter- » service mission led by Majori General C. E. Weir will visit ; Australia on November 25. the LjMinister of Defence 'Mr D. J. hEvre) announced yesterday.— si (P.A.)