TUTA NIHONIHO.]

5

I.—3a.

4. Then the Court, in awarding Waipiro as a whole, including Te Matai, to the Whanau-a-lritekura, would be wrong, at any rate in that respect?— Yes. That place belongs to Tokomaru that side of the boundary. 5. You do not set up any claim, as a descendant of Pakauui, to the Te Matai portion?— No. That is outside of my boundary, and so also is the portion given to Iritekura. 6. Just give us the history of the investigations. At the first hearing, what was the judgment of the Court? —Judge Mackay and Tunuiarangi held the Court. They gave a wrong decision. 7. What was the. judgment of the Court?—The whole block was awarded to the other side—to Te Whanau-a-lritekura. 8. Then there was a rehearing: who were the Judges?— Chief Judge MacDouald and Judge Puckey, and Tamahau Mahupuku was the assessor. 9. What was the judgment?— They awarded me 11,000 acres. 10. The Court awarded you 11,000 acres bounded by the Waikawa Stream? —No; Kopukookoo was the place they awarded to me. 11. Parts of Waipiro Nos. 3 and 4 were awarded to you, embracing about 11,000 acres?—Y'es. 12. What area then was left in the gift to Iritekura of the balance of the block?—l think 22,000 acres. I think the whole block was something like 33,000 acres. 13. Were you quite satisfied with that judgment?—No; but the position was this: Iritekura was a hapu of mine, and so was Te Aitanga-a-Mate, and I thought it was best to accept this, so as to have no further dispute. 14. After that judgment a petition followed? —Yes. 15. Was it the other side — i.e., Te Whanau-a-Iritekura —who petitioned?— Yes. 16. And the result was that the Legislature granted another hearing?— Yes. 17. What Court sat then?— Judges Wilson and Barton were the Judges, but Judge Wilson was an enemy of mine, and he and the other Judge disputed, and the other Judge left the Court. Judge Barton was withdrawn from the hearing, and Chief Judge Seth-Smith went on with the case with Judge Wilson. 18. What was the judgment on that occasion? —The whole of the 11,000 acres which had been awarded to me by the rehearing Court was taken away from me again. 19. And you have been petitioning ever since to get on level terms? —Yes, and if this petition if mine is thrown out I will put another one in. 20. Did Tuwhakairiora and Pakanui join together in that gift to Iritekura? —Yes. My ancestor Iritekura came from Oreti and stopped at Te Kawakawa, and when her children went to collect food they were assaulted by the people of the place. So they cried, and she went to Tuwhakairiora and said, " Give me a place for my children and myself to live on." Tuwhakairiora said, " I have no laud here, but go along and occupy the ashes of your brethren." She was a cousin of Pakanui, and that piece of land was given, the boundary of which was Waikawa Stream. 21. She found Pakanui on the land? —Yes, in occupation of Waipiro Block. 22. And he gave her land bounded by the Waikawa Stream?— Yes. This land belonged originally to Te Wahineiti, who were conquered by Pakanui and Tuwhakairiora. That was the " ashes " to which he referred. - ... 23. Are you a descendant of Iritekura? —Yes. 24. Why did you not get into the Whanati-a-Iritekura claims? —I should have been in myself, and Pineamine Waipapa, and Eru Potaka. We had arranged it all beforehand, but it was Rapata Wahawaha who came in and distorted the whole position. 25. But if you are a descendant of Iritekura, how are you left out of her possessions?—l was not claiming under her : I was fighting for the Pakanui side. If the matter as arranged by Pineamine Waipapa and myself had been so finally settled, everything would have been perfectly clear and plain. The father of this young man Kereopa Potaka 1 know perfectly well. 26. If the land was awarded to Iritekura and descendants, you being a descendant and a resident in that locality, how was it you were left out, notwithstanding that the claim you were advocating was that of Pakanui? —Because we were disputing. [ was advancing the claim of Pakanui, and they were advancing that of Iritekura. The 11,000 acres I was awarded I did not put them in, and they did not put me in the part awarded to them, even though they — i.e., Pineamine Waipapa and Eru Potaka —were also descendants of Pakanui. 27. Eon. Mr. Ngata.] Is not that disputed by the other side? —I .know nothing of their disputing it. 28. Paratene Ngata.'] Have you on any occasion in any of the Courts in .connection with this land given your genealogy from the ancestor Iritekura?—-"No, for the reason that I was advancing my claim under the ancestor Pakaiiui. There are old people still living who can give my descent. 29. At the time of the Royal Commission about the W r aipiro Block in the year 1889, did not both you and I appear before the Commission, and did you not then ask the Commission to affirm the award of the Court of rehearing, and not vary it in any way, and say that that was the proper award? —1 told the Commission that I was prepared to abide by the decision of the Court of rehearing, for the reason that that would, put an end to the trouble—because at that time our relations were so strained that we were very nearly coming to arms. That was why I was prepared to accept that award, because 1 belonged to both hapus, both Te Whanau-a-Iritekura and Te Aitanga-a-Mate, and I desired that the dispute should cease. Parathne Ngata examined. (No. 4.) The Chairman : We shall be glad to hear you make a statement. Witness: I represent the Whanau-a-Iritekura. We oppose this petition of Tuta's. The Chairman: On what grounds?