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Bounded on the North and North East by the Waikanae and Turanganui rivers; on the South by the sea (Poverty Bay); on the South West by the Awapuni Lake, and a straight line from Te Kuwha to Te Wharau-a-Ruakore; and on the North West by a survey line to the Waikanae river, which line forms a part of the boundary of Matawhero No. 1.

The history of the first occupation of this place is very clearly related by the first claimants, Rutene Te Eke, Hare Wahie, Wi Pere, and others. It appears that the original proprietor (judging from the tradition given by the claimants and counter-claimants) was a chief named Kiwi Ruapani, who lived about 400 years ago. Little or nothing is known of the people who occupied the district for nearly 200 years after Ruapani. The next person who appears as chief proprietor is Te Nonoi, from whom all the present claimants and counter-claimants—233 in number—have traced their descent. Rutene and his people, in number forty-four, claim through Kahunoke, elder brother of Te Nonoi, and also from his sister, as is shown in the genealogical table. They base their claim also on occupancy of the land, which has not been proved beyond the fact that the Waikanae river was used by the whole of the tribe called Itangaamahaki for catching eels; and Te Wai-o-Hiharore, which is a mere water-hole inland of the beach, and which has been much disputed on all sides, is acknowledged to have been the fishing-ground of the tribe for generations past during war time, when food was difficult to be obtained. The men cast their nets into the sea, and made weirs for trapping eels in the stream Waikanae, while the women at low tide gathered pipis in the rivers.

From these facts, it is argued by Rutene, for the tribe, that these two blocks of land should form a tribal estate.

The history of the wars which were carried on by these people's forefathers, extending into the interior and as far as Opotiki, was minutely detailed by Wi Pere. It represented the society in the country at that time in a frightful state of anarchy and confusion. It is not necessary in these cases to dwell further on the wars of the district, and it is hardly necessary to say that the original cause of the quarrels was a woman.

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Riparata has shown continuous occupation from the time of her ancestor Te Maanga, who was left in charge of the land after the "rahui" was put up at the mouth of the Waikanae river; her grandfather and father have exercised rights of ownership, and her people to this day continue to do so, their place of abode or " kainga " being contiguous to this place, and only separated from it by the stream, and a Crown Grant having been issued to her and her relations by the Commission Court for the block known as Waikanae proper.

Awapuni.

Riparata Kahutia and Hapi Kiniha are the claimants to this block, which contains 370 acres. Evidence was given by Hapi Kiniha at a former sitting of this Court, which has been read over and acknowledged by him to be correct, and to which he stated he had little or nothing to add. The evidence of Riparata, which was taken at length in the Wai-o-Hiharore case, equally applied to this, and it was agreed that that evidence should be adopted by the Court.

This claim is opposed by a section of the Rongowhakaata tribe called Ngatimaru, who base their claim on ancestry and occupation. Hoani Ruru conducted the claim of this sub-tribe.

Hirini Haereone, Paora Matuakore, and Wi Pere prefer claims to a portion shown on the map produced in Court by Paora.

Pimia Aata and Tamati and their party also claim through ancestry and occupation, and Tamati has pointed out on the ground one or two places which have been occupied by him for the purpose of fishing, on the Awapuni Lake.

With regard to the claim set up by Ngatimaru to this block, it has been proved to the entire satisfaction of the Court that these people have occupied land adjacent thereto, and if at any time heretofore they may have encroached on the fishing ground (which was then the only occupation that is attempted to be proved), they were driven off generations ago by the forefathers of the present claimants, and have never attempted to occupy since. This claim of Ngatimaru is considered extinguished; it has long ago become "cold (mataotao), and is dismissed accordingly.

The portion of this block claimed by Hirini Haereone, through his mother, Harata, who gave this land over to Paratene some years ago, by whom it was ceded to Mr. Donald McLean with other land as a peace offering for the offence of the Hauhaus, has been returned to the natives by the Native Minister during his late visit to Poverty Bay. Riparata having in her evidence admitted Hirini Haereone as "te tangata o te whenua," while he took no exception to Paora Matuakore as the owner of the land, Paora and their party are admitted as owners of this block. The other portion of the Awapuni block contiguous to Wai-o-Hiharore is admitted to be the property of Riparata, Hapi Kiniha, and their co-claimants, together with Pimia Aata and Tamati, and those who claim with them.

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The decision of the Court in the case of Wai-o-Hiharore, the investigation of which has occupied so many days, is in favour of Riparata and her relatives. In expressing this view of her claim over Te Wai-o-Hiharore, regard has been had to the evidence given by Rutene, namely, that at the time Ihu came and erected eel pas on the Waikanae stream, Riparata's ancestor, Te Maanga, destroyed them. No one interfered to dispossess him, and those who came after him, to the present time. With reference to the question of tribal right over this land, and with regard to the evidence adduced on both sides as to the Wai-o-Hiharore being a fishing station used by the whole of the Itangaamahaki tribe for generations, the Court orders that ten acres of land situated at the spring on the block from whence it derives its name, and ten acres adjoining on the Awapuni block, be surveyed and set apart as an inalienable reserve for a fishing station, in the Memorial of Ownership for which the the names of Riparata, Rutene Te Eke, Wi Pere, Pimia Aata, Paora Matuakore, and all the claimants, be inserted.

One hundred and fifty years ago, Te Konotu put up a "rahui" (mark) on the Wai-o-Hiharore block, which was protected by Riparata's forefather, Te Maanga. The Native Land Court now sets up a land mark at the spring for the purpose of securing to the descendants of the present generation the privilege of coming from the interior to the beach, and of exercising the rights of their forefathers by occupying this favourite fishing ground.

The Court is of opinion that the shares in this and the Wai-o-Hiharore blocks are unequal.