ORAKEI LAND

New Zealand Herald, Volume LXXV, Issue 23085, 9 July 1938, Page 22

ORAKEI LAND

MAORI WOMAN'S CLAIM CHURCH SITE DISPUTE EVIDENCE OF OCCUPATION NATIVE WITNESSES HEARD Further evidence in support of the claim of Mrs. Whatitiri for possession of the area at Orakoi, known as the church site, was heard by Mr. Justico Rccd in the Supreme Court yesterday. The applicant's petition of right to the Crown is supported by Sir. Sullivan, and is being opposed on behalf of the Crown by Mr. V. It. Meredith and Mr. N. I. Smith. The area in dispute is a littlo over four acres, and was originally granted by the Crown to Bishop Selwyn in 1859 as a site for church, school and cemetery. In April, 192G, the General Trust Board of the Diocese of Auckland sold the land to tho Crown, but last October attempts by the Public Works Department to use it wero resisted by the natives living there. Mrs. Whatitiri claimed ownership through her mother and her predecessors, who, she asserted, had openly occupied tho land for more than 20 years prior to the sale, and thus acquired a prescriptive title to it. She also claimed £650 damages for wrongful entry on tho land. TJse ol the Property

! Speaking through an interpreter, j Hariata Whareiti, when asked her age, i said she was a young woman at the | time of tho Queen's jubilee at Takapuna. She was "ever so much more" than 60 now. Hori Pairimu, who was a relative of hers, lived and died on the church site at Orakei. The supplij ant, Whatitiri, owned the property | now. Pairimu used the property for ! planting food—maize, taros, kumaras, potatoes—every year. His Honor noted for consideration a question by Mr. Sullivan as to who had control or authority over the property after witness wont there with Hori Pairimu. Witness recalled names of Maoris who used to live on the disputed site. In answer to His Honor witness said she did not claim any rights in tho property for herself. Permission to bury in tho cemetery there was given by Whatitiri. School Burned Down In answer to Mr. Meredith witness said she was born at the church site. More than 100 Maoris used to live there. She never saw the school. All tho people talked about it having been burned down. Tho Orakei and Mangero people were one. Edward L'oates, farmer, of Kaiwaka, son of the late Thomas , Coat-es, of Orakei, said they came to the Orakei block in 1898. Their boundary extended to the area in dispute. Hori Pairimu was the occupier, and they looked to him as the owner of it. The fence was much in need of repair, but when they approached Pairimu about it he referred them to the Diocesan Trust Board. The Trust Board referred them back to Pairimu. but he did nothing. Payment of Rates To Mr.' Meredith witness said his people had leased their land chiefly from Maoris on the Hat at Orakei. He had been a member of tho Orakei Road Board, but no rates had been paid on the church site to his knowledge. Most of the natives paid rates. Re-examined by Mr. Sullivan, witness said that the Orakei Road Board's rate book produced showed Hori Pairimu as occupier of nine acres in 1907 and subsequent years and that he paid rates. Haputa Heteraha, of Panmure, 62 years of age, said ho had known the church site since 1904. The fence last year was in the same place as it was then. The cemetery enclosed was for tho use of the family only. To Air. Meredith, witness said he belonged to the Ngapuhi tribe of the Bay of Islands. Pressed to give the names of those who were living at tho church site when lie first went there witness recalled oniy one. Ability to Speak English Wirehana Materoa, aged 40, a resident of tho church site, when asked if ho would like an interpreter, replied "I think so." In answer to His Honor, he said he worked for a pakelia employer, and added, "I am suffering from war disability." "That does not prevent you from speaking in English," said His Honor, and the witness continued to make good progress in English. _ Witness gave evidence of tho occupation of the land by the suppliant and before her by Pare Teunga and Hori Pairimu. Those who lived there were all one family, he said. Tho hearing was adjourned until Monday.