COMPENSATION COURT, AUCKLAND.

New Zealand Herald, Volume II, Issue 471, 17 May 1865, Page 5

COMPENSATION COURT, AUCKLAND.

Feiday. . (Before 11.I 1 . D. Fonton, Esq., ' Chief Judgo, aiid James Mackay Esq.) THE TUAKA.U BLOCK. In giving judgment on this casp, Mr. Fenton said that the case was a more intricate one than he had at first imagined, as there were points that had arisen in tho course of examination which he would have wished to have heard argued by tho learned counsel on both sides. One point which would often arise in these investigations, was that of tribal rights. Ther were several claimants who founded their claims on this tribal right, such as Wiremu Tokorehu, Hariata Kiori. These persons claimed as being connected by relationship by doscent from the chiefs of Ngatipo "n principles well known by Maoris, but difficult to bo understood hy Europeans. The Court thought these wero not entitled to compensation. If tribal right could be recognized in a court of law, it could only be recognised in one principal chief. There was only one of these, Karaka Tomo, and he was in rebellion, consequently the Coi:rt could award him no compensation. Ihe true owners of the block appeared to the Court to bo the small tribe of the Ngatimanokis, and all of these wero in rebellion. This tribo numbered forty-five of which forty-four were in robellion, and onoloyal. Of the true owners of the soil who under ordinary Maori customs, would claim, there wero only two who remained loyal, Tereliutai aud Witeno Peroliuka, and the latter only claimed a small porlion of the block. Besides those thero were a number of petty claims, a sort of encumbrances on the estate, persons who lied no power to tho land but who would share in the purchase monoy. Of this class wore Ruka, Taurua, and Te Teira. Those entitled to sell tho Court looked upon as encumbrances on the land, and considered them ontitled to compensation. As to tho claims of the Ngatiuata, they were a perfect fiction, as well as that of the Akitai, because the transaction with To Warihi was objected to by the Ngatimanoki ; and oven if their claim had been allowed, it was doubtful if the Court would have granted the claim. It was too lato to set up a claim for Te Warihi, who was in open rebellion. Ihe Court awarded to Te Teira Pomare £40; to Kuka Taurua, Ileuare Kgahine. and Ngawhara £60 amongst them; to Jfgatiteata nothing; to Wiromu and Harmta Kuri nothing ; to Wctini Peraliuka £30 ; to Tc Reliutai £100; and to Bori Tuimata nothing.

PATAiIAHOE IST.OCK. —701 ACBES. The examination of tlie claimants to this block of laud, "which was confiscated by Order in Council, was then gono into, when the following evidence was Hakopa Te TTaharoa, sworn, said : I am'a chief of the Sgatiliana tribe. I derive my claim from an ancestress named Kerimoewai. She belonged to the Ngatipakua tribe Kerimoewai had a son named Ahipaenga, w*licse son I am- She lived on this land. Mv claim is on the west side of the block from the hiil of Patamalioe. The other owners are Heni, my wife, Te liakina. These resido upon the land. Paora Tiwi had a claim, bu; lie is a non-Tcsident. I do not know if lie has a claim now. Tionga has a claim. He belongs to the Neatipakira Tliev came from Awaiki. [am a Ngatiwa by my father's side. _ The land originally belonged to Ngariki. liinawai aDd Ngatipakera sprung from the Ngariki. Jly wife is descended from the Kgatihinawai. Kahutitaliai was the daughter ot . Kahutitahai had a son named Kaiheke.who begat Pikio.who begat Te Whare, who was the father of my wife Heni. Kirimoewii's father was Te Roro, a l 1 gatipakira. Honi Tahi was the husband of Kirimoewai, and he was a Ngatihana Te Rakina is brother to my wife. Ido not know the name of Te Bakina's father. Tiango also descends, from these two tribes. We were living on the piece when the war broke out. My wife and I, Te Rakina, Paratene, Hari Tipene, Bapana, Heni—these all that were living on the west side. On the east side were Pohaiama's srand children, and their mother Ruruhi, Pereka, jSeutana, Titoka, Jlita, Matena, and Paora Te Ngaioa Ngatimanolri. Perereka,Neutana,Mita,and Jlatena belong to the JCgatiruanuis. litoka belong? to the Ahiwaru ; Tamakawe is a Ngatiruanui ; Honi Eoteku belongs to the Ngatihauinia. 1 hese are all the names I can remember. The IS'gatiruanuis were "Waikato slaves. They were slaves of Jhaka and Pvharama. The Ngatihaumea were owners of this land. Paorate N«aio was there because his wife belonged to the Ngatiruanui's, and was a slave. Poharama was not one of the L'riatapa. Hemi is a half brother of mine by the same mother. Rapana was the fatlierof Hemi; Rapana belonged to the Ngatihinawai. Hemi has a claim on the land. Pio was the father of Bapana ; I think Houta was father to Pio. Paratene has a claim on the east side. Titoka has a claim through his father who belonged to the Ngatihinawai and the !Ngatihomia. I gave up my gun at the commencement ot the war and took the of allegiance. Periheka is with the king. Honi Koteku was on board the hulk. Pohaiaina died before the war broke out; his son Bopia has been dead some time. Honi Rc.pia is with the king : Tipene is with the king, so is Hera, Turuira, Paratene and Rapaua. Bakiua gave up his gun when I did. There is a hill in the centro of the block which separates the east from the west. If I were on the ground I could point out the dividing line. There are European settlements on all sides of the block. I have land also at Parumata nnd Tawarua.

Cross-examined by Mr. Crawford. The sellers of the block on which the Maori reserve of Patamahoe is situated are Poharama, Paratf-ne, Wiiemu Waata, Paora Te Iwi, Ihaka Takanini, Kgatitamahoho, Uriotapae and Xgatipari. I don't know how much money was paid, I received none. Ido not know how much Poharama got. I was at the south when it was sold. Tho reserve was marled off by Ihaka, Te Ropia and r oharama. I did not see it done, it was marked off before I returned. They looked down upon me as a person of inferior rank, and so I got no share of the proceeds. Poharama gave me permission to cultivate the piece I resided on, that is he pointed out the pieie, which was for the different tribes. I have resided there for 1 years. The piece Bet aside for me was a pretty large piece, but I do not know how many acres it contained. I admit Ihaka's claim to the east tide. Ihaka had originally a claim to the whole block, but after the division" was made he had only an interest in the east side. I did not know that any pieco was set apart for Ihaka. Some of his slaves i esided there along with the rest of the slaves. Ido not know what claim the Ngatiteata have to this piece. Inever knew of their residing there- I have no further witnesses. The Europeans all know that I wa? the onlv one who continued to reside on the land.

John White, sworn, said : I was engaged at the purchase of the Patamahoe block, of which the block now under discussion was the reserve. I arranged the purchase. The purchase went all round the block which was reserved. I was present at the staking off of this reserve. Patamahoe is a reserve which ■was made by the natives. The money was subdivided among the natives. Poharama received a small share, and he was to have this reserve of this reserve in compensation for the balance of his claim. Poharama received this bio 'k with a small share of the £1500 as his share of the price of the block. The persons who sold the block were Paora, "hipene, Wetini, Waata Kukutai, and many others, but these were the principal speakers. Cross-examined by Mr. Crawford: I was three days laying out the reserve. Poharama said that the land after his death should belong to his grandchildren, the sons of Honi Ropia- I cannot say "where those sons are now. In that time Crown grants were not made. The £1500 then paid extinguished the native claim to the whole block. Mr. Fenton : This is a question of law. I think that the Court can reserve to itself the right of saying ■whether the right of tlie natives was totally extinguished by this sale. The Government has not given us a single deed to judge from. You are not in a position to allow any relaxation of seeing these deeds of evidence.

Mr. Crawford : I simply appear as counsel. Tlie deeds have rot been put into the handß of the Crown agent to lay before the Court. Cross-examination continued : Ihaka has no grounds to claim anything. I'uora Te Iwi has no claim neither. Ihaka nor any of his tribe has any claim- I do not know Hakopa Te Parahoa. He had no claim that I recollect. Mr. Crawford suid he would ask the Court uot to close the hearing of the case to-day, as some witnesses were still absent. Hakopa said what Mr. "White had said was correct, as lie was not thcro until after the sale. Faora : Did you not see mo there when you laid off the reserve. Mr. White : There were many there at the time. Paora : You and I and Hone came from Waiuku, and did we not go together P Mr. White : That was not the time the reserve ■was laid off. Ahipene slid he did not •wish to question Mr. White ; ■wh#' he had faid was correct.

The Court - Do yon mean that the clarmanta tad no elaim. Mr. White: Trt tlio agreement made for tho Waiuku Block the payment "was made to Ihaka, and he was to have a reserve The claim was extinguished hy themselves at tho time of the Waiuku purchase. The Court: How do you know that Poharama did not mean him?elf and his tribe ? Mr. White: Because he ueed the word " ako " again and again. The Court: But how about his tribe ? Mr. Whito: There was a small disagreement among the tribe, and Poharama seeing this took a cortain sum, and said lie would take this to himself, to which the tribe agreed. Poharama might distribute the money and only keep a small portion to himself. Poharama received a small portion of the £1510, and he received the Patamahoe reaervo for his share of tho land sold to the Government. I made two purchases in the North. 1 did not divide the money, I paid it to Keeno and Paora. Tho general rule is to give the money to the principal man, aud let him apportion it. The only instance that I know of where the Government have apportioned the mo ney is the Wanganui block. Mr. Kemp paid for this purchase. X had the principal share in tho business. I laid the money before the natives. It was all paid at once. I gave the money to the tribe on a large table. It was counted by the natives. The deed was signed. Ihaka was then about to distribute the money, but there was a dispute and tho money was shared by other chiefs. Poharama was there. Ido not know who gave Poharama his sharo. Tho money was taken to the native hostelry in bulk and distributed there. I heard from the natives that Poharama got only a small portion of tho money. It was agreed that Poharama should have about ono square mile of land. This was a verbal agreement. I was sent to lay off a square mile for him. Poharama and Mr. McT.eau agreed to rliis. Poharama was to receivo this as well as the small share of the money for his share of the block. He was to receivo a small portion of tho money and this reserve for his sharo of the purchase mouey, because this block was given to Poharama, the money ho received was less than that which the other natives received. When wo purchased the waole country round and reserved this for Poharama the other natives were to reside on other lands which they had in other places. It never entered into my miud where the Ngatiruanuis were to go. I made the purchase and that is all. Ihe inteution of everybody was that Poharama was to have this block, and the other rightful owners sold their claims for money. Ido not know Rapana or Tikoko. There was somo natives (8 or 10) living on tho upper boundary when I made the purchase. By sealing tho estate on Poharama the natives agreed to give up all claim on this block. I have no doubt the residents on the land received a portion of tho money paid for the land. We did not extinguish tho title by buying, hut the natives did by selling, and I liavo no doubt the residents received a share of the sharo of Poharama. Mr. Crawford: Were thero not other reserves mado for other Chiefs beside this for Poharama? Mr. White : There were. Puhitahi was set aßide for Poharama as the ri-prescntntivo of his tribe, and Te Akakawa was set aside for V* aata Kukatalii alone. A small Awunga was also reserved for the Ngatitipa. A small place at Pura Pura landing place in tho A waroa was sot asido for all at the request of old Wnrepi. Paora Te Nui sworn, said : I belong to tho Tvgatitamaliolio tribe. I claim Patamahoe from Ngatihaumia, who were the owners of the soil. Taumia begat Pouati, who begat Korongi, who begat To Eanga, Arua, and Te Boro; To Roro beeat Matai, my father; Poharama is a grandson of Te Kanga, Arua who begat Waitawliia, who begat Rukitahu, and Poharama. It is an old place of residence of mine. I lived there when a boy. I recollect Mr. White surveying Patamahoe. Mr. White and I pointed out the reserve to Mr. White, and afterwards it was surveyed. We pointed out the placfs where the boundaries should be. At the time it was surveyed Poharama and others wero residing on the land ; after the survey, Poharama and the others were sti 1 residing there. I ha*e not cnltivated this reserve since it was surveyed. I could not reside upon it until after Poharama's death. Poharama is now buried at our burying place at Peliiakura. Parateni and his children and some others have residi'd on the land since tho death of Poharama. Ihaka was a relative of Poharama, and consequently hi? slaves lived on tho land. These slaves cultivated the land until tho war commenced. They cultivated for Ihaka, they were his workmen. The reserve was made for Poharama und his relative Te Paratene. Aliiapene Kahiau had no claim, until after Poharama's death. Hakopa Te Wharoa squatted on tho block by permission of Poharama, but. this gave no claim to" the land. In consequence of the war I have not resided on the land. Hnce the war broke out, Hakopa Te Waharoa resided with mo at Peliiakura, before he went to Patamahoe. He went to Waikato, and on his return he lived at Patamahoe. He lived there without invitation, of his own accord.

By Mr. Crawford : This place was simply reserved as a place of residence for Poharama, i'atene, and Ihaka. Ii Ihaka's children were to go there they have a perfect right to do so. Ihaka's children w.mld dispute the land with Poharama's children on tins laud. I myself was invited to go there but would not. Hie land was reserved for Poharama, but Poharama could invite us. We could not go without Poharama's consent. We are all one people. My brother Waka went to the king and died there, lie was the son of Matai and my elder brother, und has left some children who are now living. Une son and one daughter are with the king and two daughters are living with me. Ahipau and Poharama were descended from a common ancestor. Aliipene is connected with the Ngatihaumea from a common

ancestor. Ahipeno sworn, said—This piece of land was for Poharama. After Poharama's death it became Ihaka's. After Ihaka's death it fell to his children. I put in my claim on behalf of Ihaka'B children and not on account of my relationship- The arrangement made on thiß occasion was not like a pakeha arrangement, where 'he purchaser gets a Crown grant for himself. It -was given for him and the whole of us. Kaihau never lived on this place. Tuahoa resided there as far back as Ivoah's time. Can you find Hukopa's name in the genealogy Paora has given. My father brought Hakopa's people from the Ngatiawha. Ido not know anything of Hakopa, but his wife is one of ub

By Mr. Crawford : This was the hand that distributed the £1500. The Ngatitipa received £750 Poharama roceived £750, Hoangi Tengaru, £100. The remainder was taken home by Poharama. I was annoyed at the day of Bale, and consequently my name does not appear in the deed of sale. I did net see the money distributed, and consequently cannot s-iy how much Poharama got. The principnl owners of thiß land are Paora, Te Iwi, Waata (who died with the rebels)', and Poharama, Moses, Paora, Tuaire.and myself. I could not interfere with this pieco of land before'Poharama's death. During Te Kopia'a lifetime, or that of his children, I have no claim on it, or while Ihaka was alive. Paora and Poharama and Ihaka have equal claims to tho land. They are descended from the elder branch, and I from tho younger. The Court then adjourned until ten o'clock this day.