Extract From Te Kaha Minute Book
Wednesday 13 th September 1911
Place Te Kaha
Present. T H Wilson, Judge
Hemana Pokiha Assessor
Ware P Waitai Clerk & Interpreter
Court opened at 10 am
Whangaparaoa No 3 or Oruaiti
This is a case in which the claims of Whaaka Parakau, Manihera Waititi and others are opposed by Parekoihu Te Kani and Paratene Hiia.
The claimants contend that the land is the residue of the Whangaparaoa Block and that it was finally taken from Ngati Porou after a series of fights which took place at frequent intervals during a period of several generations and that it was not until after the death of Pakipakirauiri that the Whanau a Kauaetangohia were restored to those rights in the land which had previously belonged to their anscestor Hinemahuru.
The fights mentioned by the claimants as justification for their claims all took place outside the land in dispute, with the sole exception of Tokataure which was fought on the beach at Oruaiti. This beach appears to have been the only means of access for people passing between Whangaparaoa and Orete by land, and it was while the Whanau a Pararaki and Whanau a Kauaetangohia were fleeing from the vengeance of the Ngati Porou, under the command of Hikawera, that they were overtaken and defeated there. Under these circumstances we are of opinion that the fight has no particular bearing on the subject matter of the dispute as the people occupying the portion of land upon which it occurred took no active part in the struggle.
The land before the Court appears to be comprised mostly of high hills that are not easy of access and it is not likely that contestants in ancient times would deliberately choose such a place for a settlement of their quarrels.
In support of their contention that the land was conquered by their ancestors the claimants drew attention to the fact that they were the owners of the adjoining blocks viz: Whangaparaoa No 1 & 2, and Waikura all of which had been awarded to them under “take raupatu”.
The claim that the land formed part of Whangaparaoa is strenuously denied by the Counter Claimants who assert that Te Hata and Matiu Pako advised them that with the exception of a small piece of land on the East adjoining the Whangaparaoa River, the block was known as Oruaiti and that it never at anytime became the subject of “raupatu”, and further that it belonged to the Aitanga-a-Apanui the founder of whom was Koutokitahi. There is a conflict here between the Whakapapas of Parekoihu and Paratene respecting the parentage of Koutokitahi as the former states that Koutokitahi was a child of Te Whatui and Apanui a Puawairua, while the latter claims him as a child of Apanui Waipapa by his second wife Hinerongorua a woman from Ngati Porou. Paratene’s statement is supported by Manihera who however is of opinion that Hinerongorua was the first and not the second wife of Apanui Waipapa.
Inspite however of these differences all the parties agree that the descendants of Koutokitahi belong to the Aitanga a Apanui and that they have had at least since the days of Ngarangi Kamaia, permanent occupation of the land and that their rights were founded upon a true “take” although the “take” setup in each case is a different one. For instance Parekoihu claims that the “take” came from Te Whatui the mother of Koutokitahi: Paratene that it was derived by a gift made by Hinemahuru to Hinerongorua and from the latter to her child Koutokitahi, and Manihera that it came into existence at the time of Putahou, by the solicitation of Ngarangi Kamaia, made a gift of the land to the tribe which his daughter had taken under her protective wing.
Though the foundation in each case was different yet the ultimate effect was the same, as some portion of the land if not the whole of it, became vested in the Aitanga a Apanui.
According to Parekoihu the Aitanga a Apanui never lost their rights to the land and he asserts the “gift” made by Te Huaki to Ngarangi Kamaia was not in the nature of a conveyance but that it was merely a transference of the “mana” over the land to a powerful protectress who was strong enough to repel all attacks that might be made by wandering tribes, for it is asserted that at this period the Aitanga a Apanui were few in number and lacking cohesion owing to the great losses they had suffered at Te Puia on the Orete Block when the tribe was all but exterminated by their enemies.
As the several parties are in common agreement as to the rights of the Aitanga a Apanui in the land we do not propose to decide the question of Koutokitahi’s parentage although we have formed our own opinion on the subject.
With regard to the occupation, we are of opinion, on the evidence adduced before us, that the Aitanga a Apanui are the only people who have made any use of the land and that they only occupied that portion of the land lying between the sea frontage and the range of hills running Southwards from the trig atTapuaeharuru to Tipari. An inspection of the plans before the Court clearly indicates that this range is an effective barrier to the practical use and occupation of the land on the eastern side thereof, and such being our belief we award all the land between it and the sea coast to the children of Matiu Pako and to those members of the Aitanga a Apanui who can prove occupation.
This portion which we will call “Oruaiti” contains approximately 1810 acres.
With respect to the residue of the land, i.e. the portion lying eastwards of Oruaiti and extending to the Whangaparaoa River on the South, we are of opinion that owing to its broken and hilly nature its former owners never made any use of it at all except perhaps for the purpose of building the canoe named “Waiwhakaata”.
No satisfactory evidence was submitted to show that any permanent use was ever made of it and as such being the case we come to the conclusion that it is land which properly belongs to the owners of the adjoining Blocks viz; Whangaparaoa Nos 1 & 2, Waikura, Orete No 2 and Oruaiti.
We therefore award this portion which we will call “Whangaparaoa No 3” and containing approximately 15043 acres to the owners of the above named blocks.
The Court asks that shares be submitted in the morning and to enable the parties to go into the matter it proposes to adjourn until the next day.
Shares allotted as follows
Oruaiti 1800 Shares
Whangaparaoa No 3 15000 Shares
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