Mackay gave the land to Narai. I do not know how the land came into the lands of the Government – I wish [the] claimant only to succeed Te Moananui’s property – myself, my brothers to succeed to Narai’s property – that is to say this 300 acres.¹⁵

Te Moananui Wharenui supported the counter-claim and told the court in brief terms the substance of his objection to Ngapiri’s claim:

I object to the sale of this land because this land was given in Trust to Te Moananui for his tribe Ngati Mura [sic]. The map of this land is in the Survey Office – Te Moananui and others means the whole of his hapu – on the Crown Grant only Te Moananui’[s] name appears but on the map Te Moananui and others[.] ¹⁶

Te Moananui Wharenui was also affiliated to ‘Ngati Maru’ but was living at Matakana. He believed that:

it was Narai who got this land – Te Moananui came to be connected with the land because it was Narai and others – The tribe is connected with this land in the same way as mentioned yesterday – it was given in trust to Te Moananui and others – When the land was bought by Government certain portions were set apart at the request of certain natives and this is how Narai became possessed of the 300 acres – it was set aside as a reserve. The Government arranged that Europeans and Natives should live as neighbours and in consequence of which the Government made these reserves. Narai’s children were very young when Te Moananui sold this land.¹⁷

Answering a question posed by the assessor, Te Moananui Wharenui explained to the Court the reason behind the hapu’s request with this area:

The Native Reserve was arranged by the Government. We urged the Government on account of these [—] to give us back the land – This land was an ancestral claim.

When we sold the Kati Kati [sic] Block this one with many other smaller Blocks was made a Reserve. Mr Clarke and Mr Mackay were the agents – They arranged about the Reserve.¹⁸

This witness then went on to explain why the succession case had been brought before the Court:

We have heard of the sale by Te Moananui that is the reason we know it is not in our hands and we wish it returned – I am certain the sale was effected after the reserves were made. Ngatimura occupy the land – Te Moananui I believe sold it to Mr Gill – Mr Gill has claimed the land. All I say is this land shall never go [and] we intend to keep it.¹⁹

¹⁵ Ani Ngarae, 16 August 1878, TMB 1, pp. 29-30.

¹⁶ Te Moananui Wharenui, 15 August 1878, TMB 1, p. 16.

¹⁷ Te Moananui Wharenui, 16 August 1878, TMB 1, p. 31.

¹⁸ Te Moananui Wharenui, 16 August 1878, TMB 1, p. 31.

¹⁹ Te Moananui Wharenui, 16 August 1878, TMB 1, p. 32.