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The Pamphlet Collection of Sir Robert Stout: Volume 63

Rangitikei-Manawatu Land Claims

Rangitikei-Manawatu Land Claims.

The following is the decision of the Court, on the issues, as delivered by His Honor Chief Judge Fenton :—

1. Did Ngatiraukawa, prior to the year 1840, by virtue of the conquest of Ngatiapa by themselves or others through whom they claimed, acquire the dominion over the land in question, or any or what part or parts thereof?

The Court: No.

2. Did that tribe, or any and what hapus, acquire, subsequently to conquest thereof, by occupation such a possession over the said land, or any and what part or parts thereof, as would constitute them owners according to Maori custom, and did they, or any, and what hapus retain such possession in January, 1840, over the said land or any and what part or parts thereof?

The Court: The words "subsequently to conquest thereof" must be erased. Ngatiraukawa, as a tribe, has not acquired by occupation any rights over the estate. The three hapus of Raukawa—Ngatikahoro, Ngatiparewahawaha, and Ngatikauwhata, have, by occupation and with the consent of the Ngatiapa, acquired rights which will constitute them owners according to Maori custom. These hapus retain such rights in January, 1840. There is no evidence before the Court which should cause it to limit these rights to any specified piece or pieces of land.

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The Court is not quite clear whether the hapu Ngatiteihiihi should be also included, and will, if the parties desire, hear further evidence with respect to that hapu.

3. Were the rights of Ngatiapa, or any of them, completely extinguished over the said lands, so acquired by conquest and occupation, or over any and what part thereof or did they in January, 1840, have any ownership, according to native custom, over the said land, or any or what part or parts thereof?

The Court: The rights of Ngatiapa were not extinguished, but they were affected in so far as the above three hapus have acquired rights.

4. Was such ownership of the Ngatiapa hostile to, independent of, or along with, that of the Ngatiraukawa, or any and what hapu or hapus thereof?

The Court: The ownership of the above three hapus was along with that of the Ngatiapa.

5. Have the Ngatiapa, or any of them, since January, 1840, acquired by occupation or otherwise, any and what ownership, according to Native custom, of the said land so acquired by Raukawa, or of any and what part or parts thereof?

The Court: Docs not require answering.

6. What person, if any, of the said Raukawa tribe (if the said tribe acquired ownership) or what persons of any hapu or hapus thereof which acquired ownership, if any, over the said land or any part thereof in January, 1840 have not signed or assented to the cession to the Crown of the land owned by them?

The Court: Cannot be answered yet. By Ngatiapa is meant all Ngatiapa, including those persons called half-castes. Rangitane (properly so called) and Ngatiteupokoiri are excluded.