✨ Maori Land Succession Judgment
158
THE NEW ZEALAND GAZETTE.
This grant was made on the 25th day of February,
1863, and assured to Ihaka Takaanini Te Tihi, his
heirs and assigns, an estate near Papakura, containing
1120 acres. The grantee died in the month of
February, 1864, seized of these lands, without having
made a valid disposal thereof by will or otherwise,
leaving three children born in wedlock surviving him,
named Erina, Te Wirihana, and Ihaka, one girl and
two boys. The widow, on behalf of herself and these
children, asks for an order of the Court declaring
them entitled to succeed to the above estate, and the
right to do so is contested by Heta Te Tihi, a cousin
of the deceased, and other members of the tribe. The
section of "The Native Lands Act, 1865," under
which the jurisdiction of the Court in these matters
arises, directs the Court to ascertain who, according
to law, as nearly as it can be reconciled with Native
custom, ought in the judgment of the Court to
succeed to the hereditaments the subject of the
investigation.
The intention of the Legislature
appears to be that English law shall regulate the
succession of real estate among the Maoris, except in
a case where a strict adherence to English rules of
law would be very repugnant to Native ideas and
customs. The leaning of the Court will always be to
uphold Crown grants and the rules of law applicable
to them, and will decline to consider the particular
circumstances under which the grant was originally
obtained, or the equities which might have been
created or understood to have been created at the
time thereunder, unless the evidence shall disclose
strong reasons for deviating from so obvious and
desirable a rule. It would be highly prejudicial to
allow the tribal tenure to grow up and affect land
that has once been clothed with a lawful title,
recognized and understood by the ordinary laws of
the country. Instead of subordinating English
tenures to Maori customs it will be the duty of the
Court in administering this Act to cause as rapid an
introduction amongst the Maoris, not only of English
tenures, but of the English rules of descent, as can be
secured without violently shocking Maori prejudices.
In this case we think that the evidence discloses no
equities in favor of the tribe, and we see no reason
to make any interference with the ordinary law,
except in one particular. The Court does not think
the descent of the whole estate upon the heir-at-law
could be reconciled with Native ideas of justice or
Maori custom; and in this respect only the operation
of the law will be interfered with. The Court deter-
mines in favor of all the children equally. The
judgment of the Court, therefore, is unanimous that
Erina Takaanini, Te Wirihana Takaanini, and Ihaka
Takaanini, ought to succeed to the hereditaments
above mentioned in equal shares as tenants in
common.
This decision was communicated to the claimants
by Mr. Munro.
SCHEDULE A.
Hata Rio
Maka Taiapiti
Paramena Tumahuki
Reihana Terekuku
Erueti Te Pewa
Wahanga
Mohi Rahui
Heteraka Ria
Nikorima Taiaroa
Herewini Tumina
Riria Tutere
Emira Ronginga
Anairi Te Auripo
Wi Turaki
Te Hemara Rangawhenua
Horomona Tutewhiwhia
Nakora Te Manukarioi
Rio's Children (one share)
Ihaia Te Hokoiti
Rawera Perangi
Tini Pahewa
Koroneho Te Ika amaui
Hariata Te Rapu
Raimapaha Kapui
Mata Hihina
Te Omaoma
Rihari Mokaikereru
Hera Tuawhenua
Rahera Te Kou
Horopapera Pukeke
Herona Hineihara
Karo Hinehau
Mere Awatea
Mere Hotene Terawaitu
Ani Teatea
Harieta Mariao
Ihaia Te Horopitau
Rahera Tiwai
Rina Rerekaipuke
Hori Ruatuna.
SCHEDULE B.
Horima Katene
Haimona Hiroti
Hare Te Opa
Mohi Nuimatua
Wirape Takarangiatua
Jahia Apaparangi
Wikiriwhi Te Whakaoru
Ihipera Rangitatai
Henerete Uruhina
Pere Tamati
Ahipane Marangai
Heta Te Manurua
Hakaraia Te Poho
Arapera
Te Keene
Henare Pumipi
Hurita Kewahoro
Tare Teretiu
Harirota
Arona Poutini
Pouaru Rakorako
Ihikiera Te Waikapoariki
Hemi Kara
Harata Rimutahi
Rangipupu
Wikitoria Tamumu
Hare Tamumu
Pirihira Te Arohoro
Hoani Parao
Natanahira Taiariki
Haira Kahutararoa
Rewi Horomona
Pomaparie Haunui
Te Hirata Te Poti
Rini Hemioata
Katera Te Hiri
Ruihi
Wiripo Ngatoa
Matiu to Mata
Rora Pona
Ruhia Te Pare
Rora Hawea
Children of Peina (one share)
Watikini Mowhitu
Kararaina Pukeroa
Erina Pirihira
Ani Hoka
Ripeka
Ani Ngawai
Hori Kerei Paipai
Next Page →
NZ Gazette 1867, No 23
✨ LLM interpretation of page content
🪶
Conclusion of Compensation Court Judgment regarding Papakura Block succession
(continued from previous page)
🪶 Māori Affairs10 April 1867
Succession, Native Land Act 1865, Maori custom, Court determination, Takaanini
8 names identified
- Ihaka Takaanini, Original land grantee
- Erina Takaanini, Surviving child heir
- Te Wirihana Takaanini, Surviving child heir
- Ihaka Takaanini, Surviving child heir
- Heta Te Tihi, Contested succession claim
- Erina Takaanini, Determined successor in equal share
- Te Wirihana Takaanini, Determined successor in equal share
- Ihaka Takaanini, Determined successor in equal share
- Mr. Munro
🪶 Schedule A of Claimants/Parties in Papakura Block Succession Case
🪶 Māori Affairs10 April 1867
Schedule A, Land claim participants, Papakura Block
39 names identified
- Hata Rio, Listed as party in Schedule A
- Maka Taiapiti, Listed as party in Schedule A
- Paramena Tumahuki, Listed as party in Schedule A
- Reihana Terekuku, Listed as party in Schedule A
- Erueti Te Pewa, Listed as party in Schedule A
- Wahanga , Listed as party in Schedule A
- Mohi Rahui, Listed as party in Schedule A
- Heteraka Ria, Listed as party in Schedule A
- Nikorima Taiaroa, Listed as party in Schedule A
- Herewini Tumina, Listed as party in Schedule A
- Riria Tutere, Listed as party in Schedule A
- Emira Ronginga, Listed as party in Schedule A
- Anairi Te Auripo, Listed as party in Schedule A
- Wi Turaki, Listed as party in Schedule A
- Te Hemara Rangawhenua, Listed as party in Schedule A
- Horomona Tutewhiwhia, Listed as party in Schedule A
- Nakora Te Manukarioi, Listed as party in Schedule A
- Ihaia Te Hokoiti, Listed as party in Schedule A
- Rawera Perangi, Listed as party in Schedule A
- Tini Pahewa, Listed as party in Schedule A
- Koroneho Te Ika amaui, Listed as party in Schedule A
- Hariata Te Rapu, Listed as party in Schedule A
- Raimapaha Kapui, Listed as party in Schedule A
- Mata Hihina, Listed as party in Schedule A
- Te Omaoma, Listed as party in Schedule A
- Rihari Mokaikereru, Listed as party in Schedule A
- Hera Tuawhenua, Listed as party in Schedule A
- Rahera Te Kou, Listed as party in Schedule A
- Horopapera Pukeke, Listed as party in Schedule A
- Herona Hineihara, Listed as party in Schedule A
- Karo Hinehau, Listed as party in Schedule A
- Mere Awatea, Listed as party in Schedule A
- Mere Hotene Terawaitu, Listed as party in Schedule A
- Ani Teatea, Listed as party in Schedule A
- Harieta Mariao, Listed as party in Schedule A
- Ihaia Te Horopitau, Listed as party in Schedule A
- Rahera Tiwai, Listed as party in Schedule A
- Rina Rerekaipuke, Listed as party in Schedule A
- Hori Ruatuna, Listed as party in Schedule A
🪶 Schedule B of Claimants/Parties in Papakura Block Succession Case
🪶 Māori Affairs10 April 1867
Schedule B, Land claim participants, Papakura Block
49 names identified
- Horima Katene, Listed as party in Schedule B
- Haimona Hiroti, Listed as party in Schedule B
- Hare Te Opa, Listed as party in Schedule B
- Mohi Nuimatua, Listed as party in Schedule B
- Wirape Takarangiatua, Listed as party in Schedule B
- Jahia Apaparangi, Listed as party in Schedule B
- Wikiriwhi Te Whakaoru, Listed as party in Schedule B
- Ihipera Rangitatai, Listed as party in Schedule B
- Henerete Uruhina, Listed as party in Schedule B
- Pere Tamati, Listed as party in Schedule B
- Ahipane Marangai, Listed as party in Schedule B
- Heta Te Manurua, Listed as party in Schedule B
- Hakaraia Te Poho, Listed as party in Schedule B
- Arapera , Listed as party in Schedule B
- Te Keene, Listed as party in Schedule B
- Henare Pumipi, Listed as party in Schedule B
- Hurita Kewahoro, Listed as party in Schedule B
- Tare Teretiu, Listed as party in Schedule B
- Harirota , Listed as party in Schedule B
- Arona Poutini, Listed as party in Schedule B
- Pouaru Rakorako, Listed as party in Schedule B
- Ihikiera Te Waikapoariki, Listed as party in Schedule B
- Hemi Kara, Listed as party in Schedule B
- Harata Rimutahi, Listed as party in Schedule B
- Rangipupu , Listed as party in Schedule B
- Wikitoria Tamumu, Listed as party in Schedule B
- Hare Tamumu, Listed as party in Schedule B
- Pirihira Te Arohoro, Listed as party in Schedule B
- Hoani Parao, Listed as party in Schedule B
- Natanahira Taiariki, Listed as party in Schedule B
- Haira Kahutararoa, Listed as party in Schedule B
- Rewi Horomona, Listed as party in Schedule B
- Pomaparie Haunui, Listed as party in Schedule B
- Te Hirata Te Poti, Listed as party in Schedule B
- Rini Hemioata, Listed as party in Schedule B
- Katera Te Hiri, Listed as party in Schedule B
- Ruihi , Listed as party in Schedule B
- Wiripo Ngatoa, Listed as party in Schedule B
- Matiu to Mata, Listed as party in Schedule B
- Rora Pona, Listed as party in Schedule B
- Ruhia Te Pare, Listed as party in Schedule B
- Rora Hawea, Listed as party in Schedule B
- Watikini Mowhitu, Listed as party in Schedule B
- Kararaina Pukeroa, Listed as party in Schedule B
- Erina Pirihira, Listed as party in Schedule B
- Ani Hoka, Listed as party in Schedule B
- Ripeka , Listed as party in Schedule B
- Ani Ngawai, Listed as party in Schedule B
- Hori Kerei Paipai, Listed as party in Schedule B