The Rapaki Dispute.

Pita Te Hori's re-examination resumed: I have got the paper I went for to Kaiapoi yesterday. (Produced).

Mr. Maxwell translated a portion of the document, to the effect that the following had been agreed to at the runanga which, preceded the division of the Kaiapoi reserve. It has been agreed to by all persons, the great and the small [that is, the whole of the runanga]. 1st. the runanga is agreed that the land should be divided; that all the portions that are allotted shall be equal, though the persons be chiefs or common people; that the women shall not be allowed a portion for themselves; that they must look to their husbands for their portion of land; and the relations shall look after the women who have no husbands; but the runanga have agreed that a portion shall be set aside for the old women. Respecting the children: they shall have no division of land, but must look to their parents for it. Respecting the strangers (those who have married women belonging to the Ngaitahu): these are the only persons who shall be included in the division of the land, and they shall have the same quantity as ourselves. Respecting the persons at Port Levy: there is some portion of them to page 196be included in this work; it is for the runanga to select them; they shall receive an equal portion. And there are other persons from other places who are related to us, and these are the only persons who shall be included, and to whom the runanga shall agree; but the portion they shall receive shall not be so great a portion as that allotted to ourselves."

Mr. Cowlishaw intimated that at a later stage he would apply for a subpœna for the attendance of Mr. Buller, on the ground that he was a necessary witness.

The Chief Judge said it had not yet transpired in evidence in what capacity Mr. Buller acted in the division of the Kaiapoi reserve.

Mr. Cowlishaw replied that he was a Native Commissioner, sent down by the Government.

Mr. Williams: If we look to Mr. Buller's report, we shall find that he came down at the request of the Government to report generally on the condition and requirements of the Native people in Canterbury. Mr. Buller, in point of fact, exceeded his duties. Mr. Buller's action could not bind his clients.

Mr. Cowlishaw: Mr. Buller's decision on any matter would not be final unless we can prove the consent of the runanga that such and such a thing should be done. My object in asking for his attendance is to show that, at the instance of Mr. Buller, the Natives at Kaiapoi, Port Levy, and Rapaki agreed to a certain course of action.

Mr. Williams: We have nothing to do with what Mr. Buller did. He was a mediator merely between the Government and the Natives.

Mr. Cowlishaw said he did not mean to make his application until a later stage of the proceedings.

Re-examination continued: That is my signature amongst the other names. Hakopa Te Ataotu is in Court. Hoani Paratene is also present. Hoani Timaru. Iharaira Tukaha, and many other Rapaki Natives were present at the runanga. The Rapaki Natives who got land at Kaiapoi were Teoti Paipa, Petera Kahutuanui, Te Haena Huri, Horopapera Momo, Watene Whakauira, Hori Te Maiwhakarea, Hohaia Tautakehina, Teone Wetere Tahes, Tahana Hapaikete, Hoani Timaru, Teoti Wiremu Te Hau, Paora Tau, Iharaira Tukaha, Reatara, Pitama Karatiti, Eruera Hui, and Hoani Maka Pohata.

The Chief Judge read out the names of the Natives of other districts who had received Crown grants for land at Kaiapoi. Of 122 grants issued, 47 were for Natives of other districts, leaving 75 in the hands of the Kaiapoi people.

Re-examination continued: There were more people at Kaiapoi than at Rapaki. When the Natives went to Rapaki, they and those who remained at Kaiapoi belonged to the same tribe.

Mr. Cowlishaw said it would be absolutely necessary for him to subpœna Mr. Buller, more especially as Mr. Mantell had come down on behalf of the Government.

Re-examination continued: The Kaiapoi sale took place before the sale of Port Cooper; that sale was effected by Mr. Kemp. I know Bishop Selwyn. He advised the Natives to go to Kaiapoi. It was in consequence of his advice that some of the Natives went to Kaiapoi. The Bishop told us that we should use Kaiapoi for cultivations and Port Cooper as a harbour. We considered this good advice, as it came from the Bishop. I remember the Rapaki reserve being leased; it was a long time ago. I do not know the name of the tenant; he was different to the one who now holds it. The Rapakis received the rent and sent a portion of it to Kaiapoi.

Cross examined by Mr. Williams: The Moerakis got a portion of the land at Kaiapoi, because they were parties to the selling of the Ngaitahu block. The Wainui Natives belong to the Ngaitahu tribe, and got a part of the land at Kaiapoi in consequence. The Rapaki Natives got their land at Kaiapoi, because they were parties to the Ngaitahu Deed; they were parties to the sale of the Ngaitahu block.

By the Court The Government sent Mr. Buller. We did not request the Government that he should come. When he came he told us that he had come to divide the land. He spoke as though he had authority, and how could we think otherwise when he told us he was sent by the Government? I forget the year in which Mr. Buller came; there are persons here who know. Letters were sent to the Natives in the different places to come to Kaiapoi. Messengers were sent by Mr. Buller to Rapaki, Port Levy, Moeraki, and Taumutu Natives to come; they all came. After the people were assembled, Mr. Buller fixed a day for the runanga.

By Mr. Cowlishaw (through the Court): Mr. Buller made the standing orders for the runanga.

By the Court: Iha[gap — reason: illegible]a made the rules for division of the land. I was not at the first runanga. Heani Paratene was there.

Arapati Koti, sworn: I live at Port Levy: I have a residence at Kaiapoi. I have lived at Rapaki. I cultivated only one year at Rapaki; I do not recollect the old men going to Rapaki: I was living in Otago at the time. When Rauperaba was engaged in fighting at the Wairau, I came to Port Levy. Hopa Kaukau and myself come from the same ancestors on the female side—he from the el[gap — reason: illegible]r branch, and I from the younger. I married Hopa Kaukau's wife. It was on account of my close relationship to Hopa Kaukau that I went to Rapaki. I lived on a piece of ground at Rapaki which Iharaira Tukaha pointed out to me. I was at Rapaki at the time of the Port Cooper sale; the land was first sold, then the reserve was made; and I went to Rapaki and cultivated for a year. I did not leave Rapaki in consequence of the sale. I received some of the money which the Government paid for the Port Cooper land. Hoani Timaru and Wiremu Te Uki gave me the money. I don't know about other people receiving money. Mr. Buller sent for me when I was at Port Levy. All the Natives from Taumutu, Wainui, Port Levy, and Rapaki, were at Kaiapoi They went there for the purpose of receiving a piece of land. They met in assembly. The assembly considered the application of the different persons who came for a piece of land at Kaiapoi. The word was said that Rapaki and Port Levy should be divided amongst all in the assembly, after the manner of the division of the Kaiapoi land. I was present at the sale of Port Levy to the Queen. Mr. Mantell was there. I did not obtain any money, because Apera wished page 197to buy a vessel, and we agreed to it. The vessel was bought, but we hadn't it long before it was lost. I do not understand what is meant by the Ngaitahu land. I received some of the payment for the land at Kaiapoi, on this side of the Waimakariri. The Rapaki Natives received some of the payment. The first person who bought land was Mr. Kemp and afterwards Mr. Mantell purchased. Natives at Rapaki, Port Levy and other places I have mentioned received payment for the land bought by Mr. Kemp. It was not a great payment—£2406. I know Teoti Wiremu Te Hau. He lived at Rapaki when I went to Port Levy. He has got a house at Rapaki now, but does not cultivate there. I don't know the year in which he left off cultivating; he has not done so for these years past. Wiremu Te Hau is related to Kou; he is a cousin. I am Hopa Kaukau's cousin. Thomas Green is Kou's cousin. According to Maori custom, Kou's land would come to him. Kou left no children; he had no brothers; he had a sister, but she is dead. Thomas Green is her son. Pita Te Hori and his party were living at Port Levy when I went there. It is only lately that Pita has left Port Levy and gone to Kaiapoi. He may have lived at Rapaki, but I am not aware of. He was living at Port Levy at the time of the Port Cooper sale. I know Hakopa Te Ata-otu. He has a claim to Rapaki, but let him speak for himself. Hakopa had been in the North Island, and came back to Kaiapoi. He lived there before any white people came to New Zealand. Hakopa had a brother, who cultivated continually at Rapaki until last year, when he died. He has no children alive; but he has a grandchild named Hikana, who, according to our custom, would be entitled to succeed Hakopa's brother. Te Haena was at Rapaki before, and at the time Rauperaha came. Te Haena and Hakopa were both taken prisoners. Maureke lived at Rapaki when I went to Port Levy; he died there about five years ago. He was one of the six old men. Maureke had no children; he has no brothers alive. A sister of his has a child, which is now alive. According to Maori custom, this child and Hana, his sister, are entitled to the land. Wiremu Te Uki used to live both at Rapaki and Port Levy. Wiremu Te Uki and myself were living at Rapaki at the time of the Port Cooper sale. Wiremu Te Uki did not live at Rapaki long afterwards. He ceased to cultivate there a long time ago. He was living at Port Levy, his principal place of residence, when I went there. It was before I came back from Otago that Wiremu lived at Rapaki. I know Henare Pereita; he was at Rapaki at the time of the sale. It was perhaps two years after that he went to Kaiapoi. Tuawhea died at Kaiapoi a short time ago. Henare Pereita should succeed to Tuawhea's land at Kaiapoi. Tuawhea's son was Henare Pereita's father. Tuawhea lived at Rapaki and had cultivations there. He was one of the six old men. I know Te Hapa Manakawe; he is Henare Pereita's younger brother. Te Hapa lives at Kaiapoi. I know To Wirihana Piro. After the land was sold Piro went to Port Levy. Mohi Patu lived at Rapaki some time ago. Hana and Mohi Patu are related. He now lives at Kaiapoi. He was living at Rapaki at the time of the sale, and cultivated there a long time afterwards, I heard Pita Te Hori give the names of Kaiapoi claimants to the Rapaki land. They were all present at the runanga at Kaiapoi. The others claim in consequence of what Mr. Buller told them. They have also a claim through ancestorship, from Hine Kakai. We have had no talk together about the land on account of what Iharaira Tukaha said when the claims were sent in—namely, that he would agree to admit the Kaiapoi Natives to the Rapaki reserve. I did not see the old people at Rapaki at the time the claims were sent i[gap — reason: illegible]. I met lharaira a day or two ago and his word was, to let this investigation cease. "Let us," he said, "finish it out of Court, and bring it into Court again to have it finished." There were many people living at Port Levy at the time Mr. Buller was here. The reason why only four of the Port Levy Natives got Crown grants at Kaiapoi was because there was no land for the remainder. Many Kaiapoi Natives got no land for the same reason. If there had been sufficient land, they would have got it. All the Rapaki Natives got land at Kaiapoi. The Natives at Kaiapoi at that time were much more numerous than those at Rapaki.

Cross-examined by Mr. Williams: I swear distinctly that all of the Rapaki Natives got land at Kaiapoi. The ward of the Kaiapoi Natives is that the Port Levy and Rapaki reserves should be divided amongst them. The Rapakis consented some time ago, but do not now. The Rapaki Natives had not land given to them at Kaiapoi merely through affection; they got it through ancestorship.

The further cross-examination of this witness was postponed in consequence of his inability, physically, to proceed.

Mr. Cowlishaw said that when it became evident that Mr. Mantell would be wanted, he was brought down here. Therefore, when one Commissioner had been brought down, he thought that Mr. Buller, too, should be brought down at the expense of the Government.

The Chief Judge said he would speak to Mr. Rolleston and see if this could be managed. In any event, Mr. Cowlishaw could obtain a subpœna. So far as he could see into the case, it was one in which the Government might be asked to do something in the way of effecting a settlement.

Mr. Cowlishaw: The mistake has evidently occurred through the allocation of the land at Kaiapoi by Mr. Buller.

The Chief Judge: Whatever his authority, and whether his operations were authorized by law or not, it is quite clear that the Natives thought he was acting by authority.

Mr. Cowlishaw: And as an evidence of this, none of the Natives dissented when the land was apportionsed by him.

Mr. Williams said he could not understand the right of the claimants to share in Rapaki simply because the Rapaki Natives got Crown grants for land at Kaiapoi.

The Chief Judge: The claimants go a little further. An effort is being made to prove that after the land at Kaiapoi was divided, Mr. Buller said this should be a precedent for other reserves, and this was agreed to by your clients and the others. That is one of Mr. Cowlishaw's points: that it was publicly agreed to by the people that the example of Kaiapoi should be followed in every case.

Mr. Williams said it would be useless to go on with the case until Mr. Buller came from the North. He could not be here for a fortnight at least, and it would perhaps be as well to adjourn the Court for two or three months.

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Mr. Cowlishaw said he would go on with the case. He was quite content to wait and see the case of the other side, and if he should then think it necessary, he presumed the Court would give him a subpœna for the attendance of Mr. Buller.

The Chief Judge: I will take care you don't suffer by any effort you take to save time and expense.

Mr. Williams acquisced in Mr. Cowlishaw's suggestion.

The Chief Judge said he would make a suggestion to the Crown Agents that afternoon, and if they should think fit to act upon it, perhaps an end of the case might be effected.

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