You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
<strong>Sample</strong> extract from The Native Land Court Vol. 2 - www.thomsonreuters.co.nz<br />
SELECTED DECISIONS<br />
The Ngati Hikairo having agreed to partition off those places for the Waikato people, the<br />
Court does not think it necessary to go into the question of occupations, or marks on<br />
those portions of [65] the land.<br />
As to the boundary pits at Tangi te Korowhiti said to have been dug by Te Kanawa, it is<br />
by no means clear and the same may be said about the other marks and boundaries, the<br />
different descriptions of which all differed.<br />
The evidence given about Pingareaka was weak, it appears that at one time he lived at<br />
[Whatetiri] with the Ngati Apakura but was driven away to Aotea when the boundary<br />
marks were dug at [Purangatapuwae] and Te Arero, therefore it cannot be said that he<br />
acquired any rights by occupation.<br />
Neither can the Court allow the claim that Te Kanawa, Kiwi and Pingareka were left to<br />
hold Kawhia, though this plea 198 might hold good in other places where Waikato have<br />
rights: But why did they leave the Ngati Hikairo to live so long on the land to build pas<br />
on it for the purpose of fighting them, and why did they not drive them off the land?<br />
On comparing the evidence given here with that given at Otorohanga, the Court finds a<br />
great difference, concerning the sale of Pouewe about which there has been much<br />
dispute; the Ngati Hikairo say that the sale of the land was well considered and then<br />
agreed to by Ngati Hikairo in order to remove the “tapu” for Waikato. The other side say<br />
that Kiwi had authority over the land, it was said by the representative of Waikato at<br />
Otorohanga; that the land was not sold by Kiwi, but leased to Cowell, payment being<br />
received by Kiwi during the time of Cowell’s son, the land was given by Kiwi to his wife<br />
Mata a woman of Ngati Apakura, and it was also said that possibly the land was sold by<br />
Cowell to Charlton.<br />
It is impossible to say which side is right, but the land was sold by some one, had it not<br />
been there would have been no uncertainty about the ownership now!<br />
As to the building by Ngati Hikairo of the pa at Te Puru, the evidence on each side is<br />
very conflicting, one thing only being plain, that it was built by Ngati Hikairo for the<br />
purpose of resisting Waikato.<br />
[66] The Court examined the pa at Pukerua, the existence of which was denied by<br />
Waikato, the formation of the earthworks shows that it was built for fighting with guns.<br />
Both sides differ as to the occupation by the troops, but the Court has seen a<br />
communication from Mr T.W. Lewis, the U.S. 199 showing that it was the Chiefs of Ngati<br />
Hikairo who agreed as to the position fixed upon as the site for the redoubt, and that it<br />
has been returned to them together with the houses thereon, but the Court does not<br />
place much stress on that fact or on the later settlements since the Waikato War as<br />
during that period the tribes of Waikato have made many temporary homes on other<br />
lands.<br />
<strong>Sample</strong> extract<br />
The Court having considered the evidence now give [sic] its Judgment as to the division<br />
of the land between Ngati Hikairo and Waikato as follows:<br />
198 Here the word “place” has been crossed out and corrected so as to read “plea”, which seems to fit<br />
more closely with the context.<br />
199 That is, Under Secretary (of the Native Department).<br />
386<br />
<strong>Sample</strong> extract from The Native Land Court Vol. 2 - www.thomsonreuters.co.nz