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a very different affair to the killing of the
stragglers they met with several years before
on the occasion of their first coming into the
country. The Ngatipa, on their part, for
very similar reasons, did not oppose the intrusion, but making a virtue apparently of
what seemed very like a necessity, they bade
the Ngatikauwhata welcome, and soon
entered into the same relations of friendship
and alliance with them which they had
entered into with the other two sections of
Raukawa. That this was the true state of
the case seems very certain, for in those
times of rapine, violence, and war, when
men could only preserve their lives, and the
trifling amount of property which under
such a state of things could exist, by a constant exhibition of military strength, it is well
known to the Court that all chiefs of tribes,
and all tribes, particularly such as were, like
the Ngatiapa, not very numerous, were at all
times eager, by any means, to increase their
numerical strength; and that, much as they
valued their lands, they valued fighting men
more, and were at all times ready and willing
to barter a part of their territorial possessions for an accession of strength, and to
welcome and endow with lands parties of
warlike adventurers like the Ngatiraukawa,
who would, for the sake of those lands, enter
into alliance with them, and make common
cause in defending their mutual possessions.
In exactly this position we find these three
Raukawa hapu, in a position which gives them
(by Maori custom) well known and recognised
rights in the soil. Those who, living on the
soil, have assisted in defending it—who
making a settlement, either invited or unopposed by the original owners, have afterwards entered into alliance with them, and
performed the duties of allies—acquire the
status and rights of ownership, more or less
precise or extensive, according to the circumstances of the first settlement, and to what the
subsequent events may have been. But be
the motives of the Ngatiapa whatever they
were for inviting or not opposing the settlement of these three Raukawa hapu, the
fact remains that we find them in a position,
and doing acts, giving or proving that they
had acquired, according to Maori usage and
custom, rights which the Court recognises by
this judgment: that is to say, firstly, that the
three Ngatiraukawa hapu—called respectively Ngatikahoro, Ngatiparewhakaha, and
Ngatikauwhata, have acquired rights which
constitute them owners, according to Maori
usage and custom, along with the Ngatiapa
tribe in the block of land, the right to which
has been the subject of this investigation.

Secondly, that the quantity and situation
of the land to which the individuals of the
above named Ngatiraukawa sections who
have not sold or transferred their rights and
the conditions of tenure are described in the
following order.

And the Court finds also that the Ngatiraukawa tribe has not, as a tribe, acquired
any right, title, interest or authority in or
over the block of land which has been the
subject of this investigation.

ORDER OF COURT.

In the Native Land Court, Wellington,
New Zealand,
Saturday, this 25th day of September,
A.D., 1869.

It is ordered that a certificate of land shall
be issued for the following blocks of land,
viz:—

Acres.
To the Ngatikauwhata people, mentioned in list A annexed hereto ... 4500
To the Ngatikahoro and Ngatiparewhakahawha, mentioned in list C annexed hereto ... 1000
To Te Kooro Te One and others, mentioned in list B annexed hereto ... 500
To Wiriharai Te Angiangi ... 200

as marked in the survey plan before the
Court, all of which blocks shall be inalienable
by sale for the period of 21 years from the
date of this order: provided that within six
months a map of the whole block, on which
the position of these blocks shall be accurately
represented from actual survey made on the
land, shall be delivered to the Chief Judge of
the Native Lands Court, and provided also
that if it shall be proved to the satisfaction of
the Chief Judge of the Native Lands Court
that the survey has been prevented by force,
then, in that case, the Court, by virtue of
the discretion which is given by the Native
Lands Act, 1865, will dispense with the survey, but on no other account will the survey
be dispensed with.

[L.S.] By the Court.

W. R. E. Brown,
Acting Clerk of the Court.

List A.—NGATIKAUWHATA.

Takana te Kawa
Te Ara Takana
Hoeta Kahuhui
Rahira Kahuhui
Karehana Tauranga
Taimona Pikauroa
Hiaraki te Rangikaita
Te Iti Turanga
Makeruke Te Aewa
Epiha Te Moanakino
Ruera te Kawa
Te Tura Kahuhui
Mokena Pahurahi
Retimana Te Hapoki
Hakaraia Whakaneke
Titaha Pape
Hepi Kahuhui
Merihira Tauranga
Hepi te Wheoro
Hara Tauranga
Ramari Kahuhui
Miritia Te Kawa
Wiremu Karamoa
Hori te Hapoki
Maringa Hapoki
Wiremu Hohimi
Hemi Hohimi
Meiapere Kahuhui
Pirihira Kahuhui
Marara Kahuhui
Tupatia Kahuhui
Mata Kahupureke
Riria te Moanakino
Ataneta Paratawhake
Te Wani Turanga
Harata Kiore

List B.

Te Kooro Te One
Reupena Te One
Noa Te Tatu
Tino Tangata
Erina Te Kooro

List C.—NGATIPAREWAHAWAHA AND NGATIKAHORO.

Atereti Taratoa
Wiremu Taratoa
Keremihana Wairaka
Pirihira Wairaka
Wereta Kimete
Apia Te Hiwi
Pita te Akiha
Mere Te Hiwi