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A Compendium of Official Documents Relative to Native Affairs in the South Island. Volume Two.

Thursday, April 23. — [Before Chief Judge Fenton and Henare Fukuatua (an Arawa Chief), Native Assessor.]

Thursday, April 23.
[Before Chief Judge Fenton and Henare Fukuatua (an Arawa Chief), Native Assessor.]

The Court opened at 10 o'clock.

The Rapaki Dispute.

The hearing of this dispute between the Kaiapoi and Rapaki Natives was resumed.

Mr. Cowlishaw said that he had now a list of the Natives who claimed an interest in the Rapaki block. These claims were either by succession, or cultivation of the land for a long period. He did not know whether it would be well to examine into the case of each claimant before making a statement for his clients.

The Chief Judge decided on hearing the learned counsel first of all.

Mr. Cowlishaw said that the substantial ground on which all his clients' claims were raised was—that they belonged to the same tribe and people as the Natives of Rapaki; that they went there together; that they lived there at the time the reserve was made; and that they continued to cultivate the land for a long period afterwards, in fact up to a very recent date. He would either establish that the claimants were cultivating the land at the time the reserve was made by Mr. Mantell, and for a long time afterwards, or that their ancestors cultivated it. His clients admitted that the Rapaki Natives were legally entitled to the reserve; they wore merely tracing their title to share in it by these very Natives themselves; their case was really one of succession and cultivation. He would also prove to the Court that the claim of the Kaiapoi Native was resisted, not by the old men acquainted with their clains, but by the younger portion of the tribe—by men who knew nothing of the rights and mer[gap — reason: illegible]s of the case, and who, being in possession, thought that nobody else had a right to the land. It would be recollected that Mr. Williams proved his case by a remarkably young man, who, from his own evidence, was but an infant at the time the reserve was made. He would prove that yesterday, and at other times, the old Natives of the Rapaki hapu agreed to allow the Kaiapoi Natives to share in the Rapaki reserve; that virtually an agreement was come to yesterday, when some of the younger portion of the Rapakis got up, and in. a very violent manner declared that they would not agree to it. His clients would prove that up to a very recent period there was no dispute between the hapus at to this reserve; that in fact up to the time at which the Government put the Rapaki Natives up to it—that the reserve was intended for them—they never disputed the right of the Kaiapoi Natives to share in it. He would proceed to call the following witnesses.

Hone Paratene: I live at Kaiapoi. I heard what Pita Te Hori said the other day. I h[gap — reason: illegible]a[gap — reason: illegible]d him mention about the six old men going from Kaiapoi to Rapaki. I was one of the party. There was no person on the land when we went there. We settled on the land. I have not continued to live at Rapaki. I lived there perhaps four years; I am not exactly certain how long. I have not entirely left the place; I continue to go backwards and forwards I have no cultivations there at the present time. My matua (uncles) have cultivations at Rapaki at this day. I was not cultivating at Rapaki at the time the reserve was made. I cultivated afterwards. I was in the south when the reserve was made. I cultivated there previously, for five years, perhaps. I went to Rapaki at the same time as what are now called tre Rapaki Natives went there. It was on account of the fighting of Rauperaha that there were no Natives at Rapaki when we went there. Some had been killed, and others driven away to Rhodes' Bay. I left Rapaki and went to Kaiapoi, when my children died; I buried them at Kaiapoi. It was agreed by the Rapaki Natives that I had a claim to the reserve. The Rapakia denied the claims of the Kaiapoi Natives for the first time on Monday last. I was not at Kaiapoi when Mr. Mantell made the reserve there; I was at Port Levy at the time. All tbe Rapaki Natives were present when Mr. Buller apportioned the reserve at Kaiapoi. Every one of the Rapaki Natives got a portion of the Kaiapoi reserve. There was a talk between the Rapaki and Kaiapoi Natives to the effect that as Kaiapoi has been so divided, Rapaki should be divided in like manner berween all the people. The Rapaki and Kaiapoi Natives belong to the same tribe and ancestors. The word said at the division of Kaiapoi was, that all the other reserves should be dealt with in like manner. Mr. Buller said at first that those Natives coming from a distance should get five acres each. The Rapaki Natives did not agree to this; and Mr. Buller then said to the Kaiapoi Natives that it would make no difference to apportion the reserve equally, as the same rule would be observed in respect to all other lands. It was myself and Ihaia (who is now dead) who got up and said to the old men, "don't be too hard let the land be divided equally." The old men were fighting amongst themselves, and I saw that there would be some trouble; so I told Mr. Buller to divide the land equally. Honi Te Maru and Iharaira Tukaha, chiefs, and; the oldest men, said this was a good arrangement. The Kaiapoi Natives were not asking to be admitted into Rapaki at the time. Honi Te Maru said that the talk was good with respect to the Kaiapoi reserve. Honi Te Maru said "Why don't you come to see me ?" I replied," Because you did not write a letter to me." It was then that the old man made the remark that it was good. I heard that there were many Kaiapoi Natives at Rapaki when Mr. Mantell made the reserve. Arapata Koti has a claim on the reserve. I do not recollect Arapata page 194Koti coming on the reserve. He did not go to Rapaki at the time the old men went there; it was a few months after Mr. Mantel made the reserve that Arapata Koti went to Rapaki.

Mr. Williams said that Arapata Koti was in Court, and he was more competent to speak to his own movements than the witness.

Mr. Cowlishaw said it was perfectly competent for him to corroborate what Arapata Koti had to say by this witness' evidence.

Examination continued: Arapata Koti occupied the same land that Hopa Kaukau did before him. Arapata Koti and Hopa Kaukan are near relations Arapata Koti should not succeed Hopa Kaukau. If Hopa Kaukau had left no children, then it would be all right. Arapata Koti married Hopa Kaukau's widow, and afterwards cultivated Hopa Kaukau's land, for one or two years. It is many years ago since he ceased, cultivating. Teoti Wiremu Te Hau has a claim at Rapaki, through his relationship to Kau. I do not know how long ho cultivated the land after the reserve was made. I don't know whether Teoti Wiremu Te Hau is cultivating at Rapaki now.

Cross-examined by Mr. Williams: The Kaiapoi Natives make their claim to Rapaki because they belong to the same people as the present occupants. I recollect the time at which I returned from the south; it was before Mr. Mantell put down the boundaries of the Kaiapoi reserve. I got a portion of Kaiapoi when Mr. Buller divided it. The Natives who are now at Kaiapoi were living, some at Kaiapoi, some at Port Levy, and some at Rapaki. It was not arranged at the time the reserves were made that certain persons were to live on this and that piece.

Mr. Cowlishaw here complained that the Kaiapoi Natives were not being fairly dealt with, as the Government were backing up the case of the occupiers of Rapaki.

Mr. Williams said he had received instructions entirely from the Natives themselves. Mr. Mackay (Native Commissioner) was merely interpreting what the witness said.

Mr. Cowlishaw said that the Kaiapoi Natives were impressed with the idea that this was not a fair Court, as had been promised by Governor Grey some time ago, because the Government were acting on behalf of the Rapakis. And as an evidence that the Government were taking part with the other side Mr. Mantell had been sent for from Wellington.

Mr. Williams denied that Mr. Mantell had bean sent for in respect to this dispute. Mr. Mantell was, he belived an officer of the Government, and came down to see that the Natives were properly cared for. Reserves were made by the Government some years ago, and it was their duty to see that they were occupied by the persons for whom they were intended.

The Chief Judge said that it was not a matter in which he could interfere. The Court might entertain an opinion as to the propriety or impropriety of the conduct of the Government, but it was not for him to express it. The Court could only recognise Mr. Williams and Mr. Cowlishaw in the case.

Cross-examination continued: When Mr. Mantell made the reserves, he saw all the Natives at each place. I was present when the reserves at Kaiapoi and Port Levy were made. The whole of the Natives were at Port Levy when the reserve was made there. I do not know that all who were there were to share in the reserve. There was no time appointed for the Natives to go from Port Levy to the reserve at Kaiapoi; they went as they liked. There are some Natives who have come lately into Rapaki. All the people living at Rapaki at the time Mr. Buller visited Canterbury got land at Kaiapoi. I am a Kaiapoi Native now. I am called a Native who belongs both to Kaiapoi and Rapaki. My house is at Rapaki. My principal place of residence is there. My wife lives at Lake E[gap — reason: illegible]smere.

By Mr. Cowlishaw Iharaira Tukaha has land at Kaiapoi; he is called a Rapaki Native. Petara Kahutuanui and other Rapaki Natives cultivate land at Kaiapoi, and live at Rapaki. There are many more Natives living at Rapaki. I cannot mention them all, because some of them are new comers. I cannot mention the names of ail of the Kaiapoi Natives who claim a share of the Rapaki reserve.

By the Court: The Rapaki Natives got 14 acres each of the reserve at Kaiapoi. None of the Kaiapoi Natives got two grants of 14 acres. The Natives who have since come to Rapaki have come from Port Nicholson and other places in the North Island. They are returned prisoners, being some of those taken by Rauperaha. Some of them belong to the Rapaki hapu. They claim the Rapaki reserve; they are, I think, on Mr. Williams's side. There was no runanga held abo[gap — reason: illegible] the Ra[gap — reason: illegible]aki Natives getting land at Kaiapoi. Some of the Rapaki Natives have got land at Kaiapoi through their own right and others through kindness—a meeting being previously held, and a grant agreed to.

By Mr. Cowlishaw (through the Court): There was a runanga at Kaiapoi before the reserve was divided. I was present. At this meeting the names were written down of persons to whom Crown grants were to be is issued. Pita Te Hori has a list of the names written at the time. All the Natives of Kaiapoi, Port Levi, and Rapaki, were at the runanga. The names of persons who were to get land at Port Levi were written down; so also were those of Rapaki. One list was given to Mr. Buller, and another to Pita Te Hori. Mr. Buller did not apportion any land to females; some old widows got five acres each.

The Court adjourned for an hour, resuming at 1.30.

Pita Te Hori was sworn, but it was decided to admit the evidence which he had given on Tuesday, and it was read over by the Court accordingly.

Re-examined by.Mr Cowlishaw: There was a runanga at Kaiapoi, when Mr. Buller apportioned the land. The Kaiapoi, Port Levy, Rapaki, Wainui, and Taumutu Natives were present. I was not at the first runanga. I was at the place, but did not take part in the runanga. A document was given to me after the runanga, I have not it with me to-day; it is at Kaiapoi Mr. Buller wrote the paper which was handed to me. He was at the runanga. I went with Mr. Buller on the land, when he went to apportion it amongst the Natives. All the assembly went also. In a runanga, at which I took part, the word that was said was this, that the division of Kaiapoi was to be a model for other lands; all the other lands were to be divided in the same manner, for all the people—Kaiapoi, Port Levy, and Rapaki Natives. I was living at Fort Levy at the time the old man came to live at page 195Rapaki. I had been living at Port Levy two years. I came from Otago. When I went to Port Levy there was no person there. There were many people who went with me to Port Levy. There was no person living at Rapaki when I went to Port Levy. I remember the six old men coming to Rapaki. I do not know how long I remained at Port Levy after the old men came to Rapaki; it was perhaps two years. I went to Rapaki a long time after the Port Levy land was sold to the Government—long before the Port Cooper sale. The six old persons who came to Rapaki were related to me That was the reason why I went to live with them. I cultivated a little at Rapaki; according to Maori custom, just where I liked. I considered it was my own land. I was related to the six old men from one ancestry. I did not cultivate long at Rapaki. I had no other place in cultivation at the time. I went to Kaiapoi in consequence of the sale of the Port Cooper block. It was on account of my relationship to Hine Kakai that I cultivated at Rapaki—through my being descended from Te Rangawhatakutu—five generations back. The descendants of Hine Kakai are now living at Rapaki. The former residents of Rapaki were conquered by Rauperaha. I was six months in Otago before Rauperaha's onslaught. Many Natives went with me to Otago; they all came back again; they are of the same tribe as myself. They have a claim at Port Levy and Port Cooper. [The witness went on to name the different claimants to Rapaki.] I know Teoti Wiremu Te Hau's claim to this land. He lived at Rapaki before the sale of the land, and cultivated there a long time. He had houses, which are there at the present time. He does not cultivate at Rapaki now, but visits there. Thomas Green is a near relation to Kou; he would name a successor to Kou on his land. He is the nearest relation to Kou alive. I was not present at a meeting yesterday. There was none.

Cross-examined by Mr. Williams: The persons I have mentioned to-day are those who paid Iharaira Tukaha for the right to the burial place at Rapaki. I understood that the Kaiapoi Natives were to share in the Port Levy and Rapaki reserves, and that the Port Levy and Rapaki Natives were to share in that of Kaiapoi. Not many Port Levy Natives have got portions of the Kaiapoi reserve. I recollect the names of three of them. There are many Natives living at Port Levy, but some of them belong to Kaiapoi. The land was apportioned at Kaiapoi without regard to rank. It was said that the land should be divided equally between the poor men and the chiefs, all were to share alike. It was arranged that the recognised owner of land at Kaiapoi should get a Crown grant for it no matter where the person resided. There were no cultivations at Kaiapoi at the time the land was marked out by Mr. Buller. The Port Levy Natives who obtained Crown grants had a claim to the land at Kaiapoi. The reason why the other Port Levy Natives did not get the Crown grants is because Mr. Buller discontinued his work. The Kaiapoi reserve contains 2600 acres. It has been divided amongst those whom I have mentioned. There is no more left for those of the Port Levy and Rapaki Natives who have not obtained land at Kaiapoi. I lived with the old men at Rapaki. The Rapaki and Kaiapoi Natives are related to these old men in the same way. These old men were the cause of the Rapaki Natives remaining there; that is to say, they succeeded them. Some portions of the Kaiapoi and some of the Rapaki Natives are closely related to these old men. Tukaha was a Kaiapoi Native; it was through divisions in former times that he came to live at Rapaki. Takaha was the rightful owner of Rapaki. That was the reason why he and his people remained at Rapaki. The Natives at Kaiapoi lived there long before Rauperaha came down. They were driven away, and returned subsequently. The reason why the Kaiapoi Natives went to live at Kaiapoi was on account of their ancestors. I don't know of certain Kaiapoi Natives, who were at Port Levy at the time the reserve was made there, being allowed a certain time to clear out to Kaiapoi. All the Kaiapoi Natives have a claim on Rapaki. The reason why all the names are not included in the list of claimants is because some of them were going about the town when the list was made out. They claim because they belong to the Ngaitahu tribe, and on account of their relationship to the six old men.

Re-examined by Mr. Cowlishaw: There were 200 Natives living at Port Levy when Mr. Buller was here. Of this number, 100 were men; the rest women and children. 20 of the men belonged to Kaiapoi.

The witness became so exhausted that the Chief Judge suggested the advisability of postponing his re-examination. When a Native was in this state, it was impossible to get any evidence from him. The re-examination was postponed until next morning, the witness being directed to ride to Kaiapoi that evening, in order to obtain the list of names which was written at the runanga, before the apportionment of the Kaiapoi reserve by Mr. Buller.

The Court then adjourned until 10 o'clock next morning.