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Names of Members of the Upokorehe Hapu for whom Hiwarau Block is granted Men 1. Teira Haruru. 9. Wahaika. 16. Tamati. 2. Herai Kakitu. 10. Watene Pureata. 17. Turei. 3. Hemi Kuri. 11. Hoani Akeake. 18. Papu. 4. Taituha Paora. ' 12. Iraia Kaiponi. 19. Mohi Taikororareka. 5. Horopapera. 13. Mita Tahanoki. 20. Wiremu Hineahua. 6. Hoeroa. 14. Kokere. 21. Hoani Mokomoko. 7. Tiopira. . 15. Ani. 22. Warena Mokomoko. 8. Hemi Hamu. Women 23. Marara. 31. Maria Mu. 38. Hohi. 24. Maria Watene. 32. Mere Ngutuhore. 39. Whakaetena. 25. Mere Katene. 33. Wheato. 40. Animerata. 26. Hiromene Tipa. 34. Ruruhira. 41. Rea Te Mara. 27. Moa. 35. Ripeka. 42. Erana. 28. Rutu. 36. Hiropuku. 43. Heni Mokai. 29. Hinerau Kopiha. 37. Mahana. 44. Huriana. 30. Ani Peka. Children 1. Peta. 5. Timoti. 9. Ngakai. 2. Heni. 6. Tawhi. 10. Rahi. 3. Waru. 7. Kararaina. 11. Ani. 4. Riripeti. 8. Otutu. 12. Hinehou. 3. On the 17th March, 1898, Judge Johnson gave the following decision upon an application for definition of the relative interests of the fifty-six persons named in the gazetted list — " In this case, Te Warana Mokomoko and others ask for the definition of relative interests in the Hiwarau Block, and claim that only thirty persons are entitled to full rights as being really members of the Upokorehe Tribe, to whom they state that the grant of land' made by the Government was restricted. They also state that the other twenty-six persons in the title are members of N'Karetehe, N'Hunapo, Te Kareke, and other hapus —not Upokorehe— and that therefore they should get merely nominal interests, as having been included in the title without right. " Mihaere Rehua, on behalf of the persons objected to, set up a case, which was afterwards conducted by Rimaha te Pahau, who claims that most of the twenty-six persons are really Upokorehe, which is a general name given, in connection with the killing of Taikurere, to the people of a number of hapus in the Ohiwa district —the descendants of Raumoa —and objects to several of the thirty persons represented by Te Warana Mokomoko, as being members of another branch of the Upokorehe —N'Raumoa and N'Patu—who have become identified with Whakatohea, and got land at Opape, &c. " This block—and the island named Hokianga, in its vicinity—formed part of the area confiscated by the Government at the time of the war. It was subsequently awarded by the Compensation Court, in conjunction with Mr. I. A. Wilson, Crown Agent, to fifty-six persons named as being members of the Upokorehe hapu —as stated in notice published in the N.Z. Gazette of 14th November, 1874--but the relative interests of those persons were not then defined. " At the outset of this case the Court explained that, being confiscated land returned by Government to specified individuals, the ancestral title was not involved, but Te Warana Mokomoko was very desirous of bringing out certain matters in support of his claim, and the Court allowed him to proceed. " A good deal of conflicting evidence has been given, but the Court is of opinion that Tapui te Kaka's evidence is reliable, and that the name Upokorehe was a general name applied to people of various hapus living in the Ohiwa/Waiotahe district. " Relerence has been made to evidence given before Judge Scannell in March, 1895, at the hearing of claim to succeed to the interest of Tawhi, deceased, in this block. Te Warana Mokomoko laid particular stress on the fact that Rawiri Makawe (who was then alive and gave evidence) was well versed in genealogies, &c., but this Court found that the evidence he gave distinctly supported the view now urged by Te Warana's opponents. Hemi Kakitu was also then alive, and gave evidence, being supported on that occasion by Wi te Akeake, who is now —strange to say —on the opposite side ! " This Court is of opinion that, when adopting the name Upokorehe as a collective name for the fifty-six persons in the schedule of owners of this block, the Compensation Court and Crown Agent did so merely to distinguish a certain set of people who had lived in the Ohiwa/ Waiotahe district, and for whom land was to be provided for settlement purposes. The award then made was final and conclusive in favour of the individuals named, and it was not then contemplated that there should be a further inquiry with a view to practically the elimination of any who could not claim to be ancestrally connected with the Upokorehe. It appears to be quite true that a few individuals really belonged to outside tribes such as N Kahungunu, &c.—but they had become identified with the Ohiwa-Waiotahe people owing to long residence amongst them, and it is to be presumed that in including those persons in the schedule the Compensation Court and Crown Agent were fully aware of their position. So also in respect of persons included in other awards —at Opape, &c.—-this Court assumes that the Compensation Court and Crown Agent were fully cognizant of those matters, and had good reasons for the action they took. " This Court has simply to complete work left unfinished by the Compensation Courtthat is, the definition of the relative interests of the owners. If such had been done at the time that the list of owners was settled, this Court feels quite sure that all would have been treated fairly, and that no attempt would then have been made to oust anybody—or to give merely nominal interests —niore especially such persons as Hemi Kakitu and Te Teira Haruru, who were undoubtedly leading men, and who were so regarded by the Compensation Court

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