Volume Two: the passages, the tables and the notes, chapter by chapter

^24.1 The ten propositions are set out, as the author originally accepted them, in the First edition, Volume 2, p. 36, and in Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, paras 18–19; second edition p. [to be supplied].

^24.2 The Te Puna and Tuareanui section 42 cases are dealt with in Volume 4. First edition, Volume 2, p. 36.

^24.3 Eric Hobsbawm and Terence Ranger (eds), The Invention of Tradition, Cambridge University Press, 1983; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 20. First edition, Volume 2, p. 36.

^24.4 James Bernard Baltaxe, The Transformation of the Rangatira: a case of the European reinterpretation of Rarotongan social organization, thesis, University of Illinois, 1975, p. 180. First edition, Volume 2, p. 36.

^24.5 Walter Gudgeon, report for the year ended 31 March 1908, Appendix to the Journals of the House of Representatives (AJHR) 1909 A-3, pp. 4–5. First edition, Volume 2, p. 37.; Walter Gudgeon, A Journal of My Residence in the South Seas and of the Causes that Led to that Residence, manuscript, Alexander Turnbull Library, Wellington, pp. 41–42. First edition, Volume 2, p. 37.

^24.6 Richard Gilson, The Cook Islands 1820–1950, Victoria University Press, 1980, p. 138. First edition, Volume 2, p. 37.

^24.7 Report of Judge Harvey to the New Zealand Department of Island Territories, 1945, p. 4. First edition, Volume 2, p. 37.

^24.8 Cook Islands Act 1915, section 409(f), inserted by the Cook Islands Amendment Act 1923 with effect from 20 August 1923; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, paras 6 and 80; Volume 4. First edition, Volume 2, pp. 37–38.

^24.9 Constitution of the Cook Islands, Article 66A, inserted by the Constitution Amendment (No. 17) Act 1994–95; Cook Islands Act 1915, section 422. First edition, Volume 2, pp. 38–39.; Justice Douglas Lambert, “Van der Peet and Delgamuukw: ten unresolved issues”, University of British Columbia Law Review 32 (1998), pp. 249, 261–262. First edition, Volume 2, p. 39.; Section 422 of the Cook Islands Act 1915 provided: “Every title to and interest in customary land shall be determined according to the ancient custom and usage of the Natives of the Cook Islands.” Article 66A of the Constitution, inserted in 1995, provides that Parliament may make laws recognising custom, that custom continues to have effect as part of the law, and that where the Aronga Mana of an island or vaka has given its opinion on a point of custom that opinion is “final and conclusive”. The Aronga Mana is the body of traditional leaders, ariki, kavana, mata‘iapo and rangatira, of each vaka and each island. Behind the statute stands the common law: customary laws not repugnant to common-law values and not replaced by statute “are granted the force of law under English domestic law”, as Volume 1, Chapter 7 explains.

^24.10 Tereora section 106B, Nikao, Avarua, Native Appellate Court, 15 August 1949, Appellate Minute Book 1, pp. 266–267 (Judges D. G. B. Morison, E. M. Beechey and H. J. Morgan). First edition, Volume 2, p. 39.

^24.11 Ronald G. Crocombe, Land Tenure in the Cook Islands, Oxford University Press, Melbourne, 1964. First edition, Volume 2, p. 39.

^24.12 Re Kainuku Ariki [1991] CA 1/1991, Court of Appeal of the Cook Islands, 29 November 1991, Sir Thaddeus McCarthy (presiding), Chief Justice Sir Clinton Roper and Sir Muir Chilwell. First edition, Volume 2, p. 39.

^24.13 Henry Nicholas (translator), “Genealogies and historical notes from Rarotonga, part I”, Journal of the Polynesian Society (JPS) 1 (1892), p. 27, the list as written down in 1857. First edition, Volume 2, pp. 40–41.

^24.14 Re the Pa Ariki title, applications 259/90 and 333/90, Judge Dillon, 21 December 1990, p. 6. First edition, Volume 2, pp. 42–43.; Marjorie Tuainekore Crocombe (ed.), Maretu’s Narrative of Cook Islands History, thesis, 1974, p. 234. First edition, Volume 2, p. 43.

^24.15 Frederick Moss to Lord Glasgow, 18 November 1895, AJHR 1896 A-3, p. 26. First edition, Volume 2, p. 42.

^24.16 Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 108, under Pu-kuru-va‘a-nui. First edition, Volume 2, p. 43.

^24.17 Ronald G. Crocombe, Land Tenure in the Cook Islands, Oxford University Press, Melbourne, 1964, p. 10, and his note on Te Aia’s account, JPS 2 (1893), p. 276. First edition, Volume 2, pp. 42–43.

^24.18 Compiled from Volume 1, Chapter 5, and Chapter 17 of this volume. First edition, Volume 2, p. 43.

^24.19 Ron Crocombe, Land Tenure in the Cook Islands, thesis, Australian National University, 1961, p. 26. First edition, Volume 2, p. 42.; Tamuera Te Rei, “Ko to Rarotonga are-korero teia no Iro-nui-ma-oata”, JPS 26 (1917), pp. 45–65. First edition, Volume 2, p. 44.; “Extracts from Dr Wyatt Gill’s papers”, JPS 21 (1912), p. 41, Table IV, the genealogy written down on 16 July 1853. First edition, Volume 2, p. 45.; Ron Crocombe recorded that some authorities made Tinomana a descendant of Tangi‘ia-nui by a marriage before that with Karika Tara‘ape’s daughter, and others a descendant of Karika Tara‘ape, and thought he might well descend from both; Te Aia’s account makes Rongo‘oe, the first Tinomana to break away, a son of Makea Teratu whose mother lived between his conception and his birth with the holder of the Tinomana title. Tamuera Te Rei set down thirty-two generations from Tangi‘ia-nui to a boy of nineteen in 1917, and William Wyatt Gill wrote down in his book on 16 July 1853 a list of ninety names running back to Avaiki, with the earliest written comments on the line against them; both are in the tables at the end of this Part. Tinomana Enuarurutini had four wives when the gospel came and was persuaded to marry only one in the church; she had no children, and the descendants of the other three form the branches of the Tinomana family today.

^24.20 S. Percy Smith, Hawaiki: the whence of the Maori, Whitcombe and Tombs, 1899 (1910 edition), pp. 38–39. First edition, Volume 2, p. 46.

^24.21 Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 168, under Te Kau-ariki-rangi; Chapter 25 of this volume. First edition, Volume 2, p. 46.

^24.22 Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 59, under Avarua. First edition, Volume 2, p. 46.

^24.23 Judge H. J. Morgan, Taputapuatea sections 72, 39 and 40, and 72A, Avarua, decision on re-investigation of title, Native Land Court, 24 April 1953, Rarotonga Minute Book 22, pp. 78–89; the first edition attributed the decision to Chief Judge McCarthy, but the minute book copy is signed by Judge Morgan; summarised in Chapter 25 and printed in full in its archive and in the archive to Part One of this chapter. First edition, Volume 2, p. 46 and pp. 182–187.

^24.24 Minute Book 5, p. 38; Taira Rere, Genealogy of the Tinomana Family, 1975, pp. 5–6. First edition, Volume 2, p. 46.; Jon Tikivanotau Jonassen, Te Paepae Ariki o Tinomana, 1990, pp. 8 and 13; Chapter 25 of this volume. First edition, Volume 2, p. 46.; Rere (1975), pp. 5–6; Jonassen (1990), p. 13; Volume 3. First edition, Volume 2, pp. 46–47.

^24.25 Walter Gudgeon, “The Makea family”, 1908, manuscript, Land Court, Rarotonga, LDS film 1084926 item 13, p. 1, recording Vakapora. First edition, Volume 2, pp. 46–47.

^24.26 Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, at p. 15 of the typed judgment. First edition, Volume 2, p. 47.

^24.27 Re rehearing of Takau section 126, Takuvaine, Avarua, Minute Book 21, p. 376 (1952). First edition, Volume 2, p. 47.; Re Makea Nui Ariki, High Court, Rarotonga, applications 502/94 and 138/95, 1995, Judges Dillon (presiding) and McHugh, the genealogical table in the judgment; the errors are discussed later in this chapter. First edition, Volume 2, pp. 48–49.

^24.28 J. D. (Joe) Gray, A History of Rarotonga, 1800–1883, thesis, University of Otago, 1975, pp. 191–192. First edition, Volume 2, p. 48.; Te Ariki Tara‘are, “History and traditions of Rarotonga”, translated by S. Percy Smith, JPS 28 (1919), p. 163 (para 71). First edition, Volume 2, p. 48.

^24.29 Henry Nicholas (translator), “Genealogies and historical notes from Rarotonga, part II”, JPS 1 (1892), p. 74, with Percy Smith’s note comparing the list with the kings of Manu‘a. First edition, Volume 2, pp. 48–49.; Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, p. K16A. First edition, Volume 2, p. 51.; Tuaivi Kokaua, unpublished manuscript, Rarotonga; the bracketed translations are the author’s. First edition, Volume 2, p. 52.; Stephen Savage, “The period of Iro-nui-ma-oata and Tangi‘ia-nui-ariki, part V”, JPS 26 (1917), p. 60, Table III. First edition, Volume 2, pp. 52–53.; William Wyatt Gill, The Genealogy of the Kings of Rarotonga and Mangaia, as illustrating the colonisation of that island and the Hervey Group, Australasian Association for the Advancement of Science, 1890, pp. 631–632, the list obtained in 1869. First edition, Volume 2, pp. 54–55.; Gill (1890), pp. 633–634, the list obtained from Makea Takau in 1883. First edition, Volume 2, pp. 55–56.; Gill (1890), pp. 627–630. First edition, Volume 2, p. 56.

^24.30 Walter Edward Gudgeon, Cook Islands Māori genealogies, MS-662/B, Hocken Collections, University of Otago, Dunedin, folios 4–5, “The Makea genealogy from Karika”; scanned by the author. The first edition reproduced a low-resolution copy at First edition, Volume 2, pp. 56–57.; Te Ariki Tara‘are, JPS 28 (1919), pp. 163–164, paras 71–73. First edition, Volume 2, p. 57.; Percy Smith, printing Henry Nicholas’s list, noted that the number of generations agreed within one with William Wyatt Gill’s, and that a list of the kings of Manu‘a, from which Karika Tara‘ape sailed, showed about twenty-three reigns from ‘Ali‘a-matua, which is Karika, down to 1830, the kingship there sometimes passing to brothers. Walter Gudgeon compiled his own list, two typed sheets with additions in his hand, now in the Hocken Collections and reproduced in this Part; Te Ariki Tara‘are gave the holders after Rangi Makeakea in three lines, with a Makea ‘Uri holding the Makea Nui title before Tinirau and no Pini at all; Mere Macquarie relied on Gill’s 1869 list in 2013. Every list is printed in full in the tables at the end of this Part.

^24.31 William Wyatt Gill, “Rarotonga”, Proceedings of Section G, p. 628 (Archives 35, Part 5); Ian Karika Wilmott, affidavit of 1 March 2000, paragraphs 8.1 and 8.3(e) (Archives 35, Part 1); Ayson CJ, In re Tuarea Nui section 40, 31 March 1937, Rarotonga Minute Book 12, pp. 39–42, quoted in Baudinet v Tavioni [2012] UKPC 35 (Archives 31).

^24.32 Compiled from the five lists printed above; Kokaua, manuscript. First edition, Volume 2, pp. 60–62.

^24.33 Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, “Genealogy of Arera Ukarau Katu i te Rangi”, pp. 12–14; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 26. First edition, Volume 2, pp. 50–51.; Willie P. Browne in Arepepe section 67 (1948), Appellate Minute Book 1, p. 5. First edition, Volume 2, p. 51.

^24.34 Te Ariki Tara‘are in Avatiu lands (1912), Minute Book 5, p. 124. First edition, Volume 2, pp. 63 and 111.

^24.35 Vaike Ruariki’s genealogy, Minute Book 12, the pages glued between pp. 183 and 184. First edition, Volume 2, p. 66.

^24.36 Walter Gudgeon, letter of 1909, in Report of Judge Harvey to the New Zealand Department of Island Territories, 1945, pp. 58–61. First edition, Volume 2, p. 66.

^24.37 Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 44, under Arera. First edition, Volume 2, p. 66.

^24.38 Vaike Ruariki, Minute Book 12, the pages glued between pp. 183 and 184, printed in full. First edition, Volume 2, pp. 66–69.; John A. Numa, A Pre-European History of Rarotonga, manuscript, 1954, Alexander Turnbull Library, Wellington, pp. 9–10. John Numa was of Ngāti Arera. First edition, Volume 2, p. 58.

^24.39 Te Ariki Tara‘are, JPS 28 (1919), p. 163, para 71; the tradition of Karika Tara‘ape’s departure is printed in Chapter 17. Ron Crocombe pressed the Manu‘a tradition of Karika’s defeat and flight in his letter of 12 October 2008.

^24.40 Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, at pp. 14–15. First edition, Volume 2, p. 128.

^24.41 Gill (1890), p. 630. First edition, Volume 2, p. 87.

^24.42 Walter Gudgeon, “The Makea genealogy from Karika”, Hocken Collections MS-662/B, folios 4–5: the left-hand (Takaia) column and the note at the foot of folio 4, the Arera column and the notes on folio 5; reproduced earlier in this chapter from the author’s scans of the originals. First edition, Volume 2, pp. 56–57.; On Gudgeon’s sheet Tekura a Takaia, a daughter of the Takaia line, married Ke‘u ki Tuakirikiri; their descendant Tairi tu matangi married an Arera; and from that marriage came Arera Ariki, Tipoko Enua, Arera te Ariki Putara nga Tini and Te Anuaanua a Terekura, the husband of Ngamarama Apai. Gudgeon’s note at the foot of the second sheet: “During the period of Takaia Puruariki and Teratu there arose a quarrel and Takaia deserted Makea and joined Arera Ariki and was Arera’s taunga up to the time that the Missionaries arrived here.” John Numa: Makea Takaia, grandson of the priest, was taken by his grandfather into Ngāti Arera and initiated as high priest to Makea Ariki, and “the direct male descendants of Makea Takaia did not hold the ariki title of Makea but the descendants of his daughter, Te Kura o Takaia, had through marriages become the Makea Ariki.” On Gudgeon’s sheet Makea Ekeeke married Te Raurau Vananga, the daughter of Takaia, and their first-born was Makea Takaia; William Wyatt Gill’s list from “the wise men of Makea” names Rangi Makea “ko Takaia”, Makea Takaia and Te Ratu among the holders. Tangi‘ia-nui placed his own high priest Potiki-taua beside “the priest Takaia, who had already been appointed to the priestly office of take-ariki, the receiver of the special karakias that were recited on the occasion of the election, anointing and proclaiming the successor to the tribal title of ariki”; it was Takaia who took the boy Rongo‘oe to the kōutu at Avarua “because that was the place for electing arikis” and made him ariki over Potiki-taua’s objection; and Makea Tinirau said in 1950 that “Takaia was Makea head man” and “controlled all Makea lands”.

^24.43 John A. Numa, A Pre-European History of Rarotonga, typed genealogy, 1954, pp. 9–10; the author’s copy of the typescript was scanned in 2026. First edition, Volume 2, p. 58.

^24.44 Stanley Hunt (Takaia Tutavake), amended submissions, application 416/09 (2013), paras 10–11; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, paras 79 and 101(b).; Stanley Hunt (Takaia Tutavake), amended submissions, application 416/09, Re the Makea Nui Ariki title, High Court (Land Division), filed 29 July 2013, paras 1–3.

^24.45 Hunt, amended submissions (2013), para 11(a), citing Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, at Minute Book 9, p. 391, and Report of Judge Harvey to the New Zealand Department of Island Territories, 1945.; Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 41; Hunt, amended submissions (2013), para 11(b).

^24.46 Haueti (Savage) and Te Rei, E Tuatua Taito, 1908, p. 29; Savage and Te Rei, History of Tangi‘ia, III, pp. 29–30; Numa (1954); Hunt, amended submissions (2013), para 11(c).

^24.47 Makea Tinirau, Tuareanui section 40, Tākitumu, 17 August 1950, Minute Book 12, p. 25; Hunt, amended submissions (2013), para 11(c)(5).

^24.48 Hunt, amended submissions (2013), paras 10–13, citing Gudgeon, MS-662/B, folio 4, and Gill (1890).

^24.49 John Numa, re-investigation of Taua section 102C, Avarua, Minute Book 21, p. 147 (1949); Hunt, amended submissions (2013), para 8(B)(1).; Chief Judge H. J. Morgan, re-investigation of title to Taua section 102C, Avarua, ordered by the Native Appellate Court, 9 August 1949, Minute Book 21, at p. 176; Hunt, amended submissions (2013), para 6(E).; John Numa, in the re-investigation of Taua section 102C, Avarua, in 1949, claimed the land as Ngarepa land: “There were two Priestly titles in the family – one Takaia, being a warrior one dealing with fighting and such likes, and the other, Ngarepa, dealing with the religious side. They were held by two different men – they were brothers.” Chief Judge Morgan accepted that John Numa’s genealogy, “which Makea denies”, gave “a good explanation of how Makea obtained control of this Land”, through Te Vaerua, whose mother Te Pivai was of the Takaia family. The same case recorded that when the missionaries made Pori choose one wife he kept the youngest, put aside his principal wife Te Pivai, “the mother of nine or ten”, and Te Pivai took a mat and her mallets and went home to her own people. Stanley Hunt’s cross-examination of Phillip Nicholas, the Nikao rangatira, drew the admission about the marae of Avarua: “our maraes of Arera”, not of Tinirau. Te Papaura Hunt claimed Takiata section 41B, Ngatipa, the land on which the Federal Parliament house had stood since 1893 and which the Crown was returning to its owners, as a descendant of Takaia Mitaera; Ellena Tavioni claimed it for the descendants of Makea Takau as Makea ariki land; Justice Savage: “no evidence has been presented to me of ownership being exercised by Makea... I find that the Makea Nui Ariki family has no claim to this land”, and made a freehold order in favour of the descendants of Takaia Mitaera and Ana Te Pou. Volume 4 tells the story of the block in full.

^24.50 Re-investigation of Taua section 102C, Avarua (1949), as quoted in Hunt, amended submissions (2013), para 9(C).

^24.51 Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, Minute Book 9, p. 381. Te Pivai is also called Poro-iti.; Submissions of Mrs Carr for Ellena Tavioni (2013), as recorded in Hunt, amended submissions (2013), para 9(D).; Transcript, cross-examination of Phillip Nicholas by Stanley Hunt and re-examination by Mr Petero, Pokoinu sections 227 and 228, Avarua, p. 15; Hunt, amended submissions (2013), para 14.

^24.52 Hunt, amended submissions (2013), para 15.

^24.53 Re Takiata Section 41B, Avarua (Te Papaura Hunt v Tavioni and Numa), High Court of the Cook Islands (Land Division), application 445/2013, judgment of Justice Savage, 29 September 2017, paras 84–85, 93 and 119–120. The author appeared for the applicant.

^24.54 Te Ko‘u section 126, Avarua, Native Appellate Court (1954), Appellate Minute Book 2, pp. 275–278, at p. 276. First edition, Volume 2, p. 63.

^24.55 Minute Book 1, pp. 316–318, 1 September 1908. First edition, Volume 2, p. 63.; Te Puretu, Minute Book 4, p. 287, 6 August 1908. First edition, Volume 2, pp. 63 and 118.; Parakoti in Peperuare Tereora 106B (1912), Minute Book 5, p. 211. First edition, Volume 2, p. 63.; Re Makea Nui Ariki, High Court, Rarotonga, applications 502/94 and 138/95, 1995, Judges Dillon (presiding) and McHugh. First edition, Volume 2, p. 63.; Parakoti in Re Tamaiva (1907), Minute Book 3, p. 305. First edition, Volume 2, pp. 63–64.; Willie P. Browne, Re Makea Ariki (1939), Minute Book 12, pp. 289–290; Chief Judge H. J. Morgan, Tereora section 106B (1955), Minute Book 22, pp. 343–346. First edition, Volume 2, p. 64.

^24.56 Makea Nui Teremoana, Tereora section 106B (1955), Minute Book 22, p. 280. First edition, Volume 2, p. 63.

^24.57 Compiled from the evidence cited in this section. First edition, Volume 2, p. 64.

^24.58 Willie P. Browne, Re Makea Ariki (1939), Minute Book 12, pp. 289–290. First edition, Volume 2, p. 69.; Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, pp. 12–14; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 27. First edition, Volume 2, p. 70.

^24.59 Parakoti and Parau in Peperuare Tereora 106B (1912), Minute Book 5, pp. 211–215. First edition, Volume 2, p. 70.; Parakoti in Re Tamaiva (1907), Minute Book 3, p. 304. First edition, Volume 2, p. 71.; Parakoti in Vaipeke (1907), Minute Book 3, p. 325. First edition, Volume 2, pp. 71–72.; Willie P. Browne, Re Makea Ariki (1939), Minute Book 12, pp. 289–290, printed in full; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 28. First edition, Volume 2, pp. 70–71.; Chief Judge H. J. Morgan, Tereora section 106B (1955), Minute Book 22, pp. 343–346, at p. 345. First edition, Volume 2, p. 71.; Makea Nui Teremoana, Minute Book 22, p. 281. First edition, Volume 2, p. 71.; Willie P. Browne, Arekakaia 50A5 rehearing (1949), Appellate Minute Book 1, p. 219. First edition, Volume 2, p. 71.

^24.60 Raea Rupe, recorded and translated by Stephen Savage, The Makea Story, c. 1908, manuscript, Land Court, Rarotonga, LDS film 1084926 item 13, p. 15; the killing of Putua is told in full in Chapter 19. First edition, Volume 2, pp. 64–65.; Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, pp. 237 (pare-kura) and 147 (maro). First edition, Volume 2, p. 65.; Parakoti in Re Tamaiva (1907), Minute Book 3, p. 304. First edition, Volume 2, p. 64.; Parakoti in Peperuare Tereora 106B (1912), Minute Book 5, p. 214. First edition, Volume 2, p. 64.; Parau in Peperuare Tereora 106B (1912), Minute Book 5, p. 215. First edition, Volume 2, p. 64.

^24.61 Bob Tinirau, Tereora section 106B (1955), Minute Book 22, p. 277. First edition, Volume 2, p. 72.

^24.62 Willie P. Browne, Arekakaia 50A5 (1948), Appellate Minute Book 1, p. 240; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 55. First edition, Volume 2, p. 73.

^24.63 Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923. First edition, Volume 2, pp. 106–107.; Memorandum of 10 August 1936 from Resident Commissioner H. F. Ayson to the Secretary, Cook Islands Department, Wellington, re title of Makea Nui Ariki, National Archives, Takuvaine, Rarotonga. First edition, Volume 2, p. 107.; Chief Judge H. F. Ayson, Re Makea Nui Tinirau Ariki deceased, Minute Book 13, pp. 51–77, 7 February 1940, at pp. 14–15 of the typed judgment; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 17.

^24.64 Walter Gudgeon, “The Makea genealogy from Karika”, MS-662/B, Hocken Collections, folio 4, central column; reproduced above.

^24.65 Tupou Tiraa, sworn, Aitutaki Minute Book 12, pp. 63–64, 19 May 1947, applications 1047 and 1107, Toenae section 63, investigation of title, Judge H. J. Morgan presiding; the page is reproduced in this chapter; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, paras 56–57. First edition, Volume 2, p. 73.

^24.66 The clerk’s record reads: “Tupou Tiraa sworn: I claim this land. I will trace. If anyone objects let them say so. Taitua came from Te Tumu o te Varovaro. Pa ariki was ariki of Takitumu, Rarotonga.” Then the genealogy: Pa ariki (m) = Vaieturangi; their children Pa te Ruaroa (m) and Moeavaroa (f); Moeavaroa = Po te Anuanua alias Tuakino; their children Taitua (m) = Tipokoara of Vaipeka, Te Pa Tuakino (m), Te Tauira (f); and from Taitua the line runs on through Taitua Tama, Puretuputupua, Piiato and Tiraa to the witness. Nobody objected to the descent; the objectors, when challenged, claimed only through occupation. The application was for the investigation of title to Toenae section 63, Aitutaki.

^24.67 Tuaine Nicholas in Arepepe section 67 (1948), Appellate Minute Book 1, pp. 10–11. First edition, Volume 2, p. 73.; Tuaine Nicholas in Arepepe section 67 (1948), Appellate Minute Book 1, pp. 10–11. First edition, Volume 2, p. 84.; Tuaine Nicholas, Appellate Minute Book 1, pp. 10–11. First edition, Volume 2, p. 86.

^24.68 Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, “Arera: Akapapaanga no Ngāti Arera”. First edition, Volume 2, p. 75.

^24.69 Land Titles Court, Avarua, before Judge Walter Gudgeon; minute-book page supplied to the author in September 2026 and reproduced in the archive. The year’s last figure may be a 3 or a 5; the court adjourned on 2 April 1903 to 14 April on the death of Ngamaru Ariki. The witness added that Tu Tepa had died that month and “knew all about this trouble”.; The witness set down Poarenui’s family: Poarenui’s children were Te Aro, Temaeva and Kautai; Te Aro married Te Arikitepa, and their child was Te Patuakino; Temaeva married Te Ariki Te Anua, and their children were Te Pa and Tutepa. Then: “Temaeva and Te Aro are of one family and they got their lands separate at Ārai-te-Tonga. Temaeva is the Mataiapo at Araitetonga and Te Pa his Komono. At Takitumu Te Pa is the Mataiapo and Temaeva the Komono. And from the most ancient times Temaeva has not eaten the food of Te Pa’s kāinga.”

^24.70 Tuaine Nicholas, Appellate Minute Book 1, p. 9. First edition, Volume 2, p. 74.; Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, item 13, “Descendants of K‘eu of the Karika family”, and LDS film 1085053 item 87, “Rangatira title of More Rua”; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, paras 58–59. First edition, Volume 2, pp. 74–75.; Sataraka Nooroa, application 299/98 (1998–99). First edition, Volume 2, p. 73.; Willie P. Browne, Minute Book 18, p. 196 (1948). First edition, Volume 2, p. 73.

^24.71 Re the Makea Nui Ariki title, High Court (Land Division), applications 132/13, 416/09, 229/13 and 390/13, Justice Isaac, 2014. First edition, Volume 2, p. 73.

^24.72 Supplementary submissions for the applicants to the Rupe Aarona Matiera interview, Re Pokoinu sections 227 and 228, High Court of the Cook Islands (Land Division), application 76/12, filed by William Framhein for the applicants, 13 May 2013, paras 14–18 and 28–29. The Pokoinu applications are dealt with in Volume 4, Chapter 10.; On Rupe Aarona Matiera’s account, as the submissions summarise it, Te Pa a Tuakino’s three wives were a daughter of Nia; Te Pua o te Ra, also called Puara, the daughter of Tamaiva Mata‘iapo; and Ngamarama a Apai, the daughter of Apai Mata‘iapo; Rangi Makea had no biological children of his own; and when Ngamarama came to Te Pa a Tuakino she was already pregnant, so that the twins Te Vakatinitini and Te Ora o te Tangata were not his children. The pregnancy is what Walter Gudgeon’s sheet shows, what Stephen Savage swore in 1912 and what Anna Rasmussen’s comparative genealogy sets out. Against the proposition that Rangi Makea had no children stand Parakoti (1907 and 1912), Willie Parau Browne (1939 and 1948: “whose eldest son was Putua Ariki”), Chief Judge Morgan (1955), Makea Nui Teremoana’s concession, and Gudgeon’s own sheet, which gives Rangi Makeakea the wife the Putua genealogies name as Putua’s mother.

^24.73 Judgment of the Court in sections 83 and 84 Takuvaine, 19 April 1905, Rarotonga Minute Book 2, pp. 22A–22B, typed copy signed W. E. Gudgeon; facsimile in the archive to this part. The typed “Memorandum for the Appeal Court” in the Vakatini file of 1977 (Archives 22a) relies on the same passage. Second edition.; Ronald G. Crocombe, Land Tenure in the Cook Islands, Oxford University Press, Melbourne, 1964, p. 13. First edition, Volume 2, p. 77.; Potai, Minute Book 4, p. 215, 29 July 1908. First edition, Volume 2, p. 77.; Raea Rupe (1912), Minute Book 5, p. 116. First edition, Volume 2, p. 77.; Makea Tinirau, Minute Book 9, pp. 318–319. First edition, Volume 2, p. 78.; Sir Peter Buck (Te Rangi Hīroa), unpublished manuscripts, Cook Islands field notes II, Box 3.03, p. 55, Bishop Museum Archives, Honolulu. First edition, Volume 2, p. 78.; Daniela, Minute Book 1, p. 319. First edition, Volume 2, p. 78.; Parakoti, Re Tutakimoa appeal (1913), Minute Book 7, p. 126. First edition, Volume 2, p. 78.; John Williams, A Narrative of Missionary Enterprises in the South Sea Islands, London, 1837; Tutara, Minute Book 4, p. 213, 29 July 1908. First edition, Volume 2, p. 78.; The three-title story: Walter Gudgeon, judgment on the Vakatini title, 19 April 1905, Minute Book 2; Ron Crocombe, Land Tenure in the Cook Islands, 1964; the evidence of Potai, Raea Rupe (1912), Daniela, Parakoti (Tutakimoa) and Tutara; Makea Tinirau’s evidence in the title case of 1923; and Sir Peter Buck’s field-note diagram, printed in the tables at the end of this Part. The page references are in the preceding notes.

^24.74 Pora a Apaii, Minute Book 2, p. 18, 19 April 1905 (three wives); Tamarua, Minute Book 1, p. 318; Makea Tinirau, Minute Book 9, p. 317. First edition, Volume 2, p. 76.

^24.75 Willie P. Browne, Arekakaia 50A5, Appellate Minute Book 1, p. 230. First edition, Volume 2, p. 76.

^24.76 Willie P. Browne in Arepepe section 67 (1948), Appellate Minute Book 1, pp. 6–7; the fuller version in Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 68, adds: “Katu then gave ½ [his land] to K‘eu and ½ to himself. The land was ‘Kau Ariki Rangi’ – sec 62 & Anautoa land ‘Arepepe’ [Sec 67].” First edition, Volume 2, p. 76.; Tuaine Nicholas in Arepepe section 67 (1948), Appellate Minute Book 1, pp. 9–11. First edition, Volume 2, p. 76.

^24.77 John Numa, Minute Book 21, p. 148; only the relevant part is given. First edition, Volume 2, p. 121.

^24.78 In re the Komono Title of Morea (Te Mapare, Upoko Tangiiau and Turepu v Pirake), Native Appellate Court, 25 August 1949, Appellate Minute Book 1, pp. 326–329 (Morison J and Morgan J, Judge Harvey concurring); Journal of the Polynesian Society, vol. 20, p. 193 n. Reports Volume 1.

^24.79 Walter Gudgeon, memorandum on the claim of Makea to the Avatiu lands, 16 July 1908, reproduced in Report of Judge Harvey to the New Zealand Department of Island Territories, 1945, pp. 58–61; Ross Holmes, amended submissions for Caroline Tupou Browne, Re the Makea Nui Ariki title, application 132/2013, High Court (Land Division), 1 August 2013, para 63, which identifies the seven mata‘iapo as Vakapora, Teava, Tara‘are, Pi, Tamaiva, Apai, Potikitaua and Kamoe. First edition, Volume 2, p. 78.

^24.80 Te Puretu in Re Te Areroa partition, Minute Book 4, p. 316 (1908). First edition, Volume 2, p. 79.; Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, at p. 4. First edition, Volume 2, p. 79.

^24.81 The same. First edition, Volume 2, pp. 79–80.

^24.82 Willie P. Browne, Tuareanui section 40 (1950), Appellate Minute Book 2, p. 40. First edition, Volume 2, p. 80.

^24.83 Numa (1954), p. 11. First edition, Volume 2, p. 80.

^24.84 Walter Gudgeon, The London Mission: its policy and peculiarities, manuscript MS-662/F, Hocken Library, University of Otago, Dunedin, p. 8. The manuscript was supplied to the author in January 2013 by a branch of Ngāti Arera. First edition, Volume 2, pp. 81–82.; Stephen Savage, A Dictionary of the Māori Language of Rarotonga, 1962, p. 395, under tokotoko; “mei Po mai”, from the night of time. First edition, Volume 2, p. 82.

^24.85 Raea Rupe, The Makea Story, c. 1908, pp. 19–21, printed with the annotations made in the manuscript. The folder was given to the author by the late Yolande Browne and her sister Stella Browne. First edition, Volume 2, p. 83.

^24.86 Stephen Savage, manuscript history of the Makea family, 1908, pp. 19–21 (the conversation with the mata‘iapo and the agreement; the corrections from Pini to Tinirau at p. 20) and p. 25 (Raea’s statement quoted), microfilm copy, LMS Pacific manuscripts, Family History Library film 1084926, item 13, in the Stephen Savage collection, Cook Islands National Archives, Rarotonga, photographed by the author on 7 December 2012 and in September 2026; “By Raea a descendant of Rupe”, typed genealogy, four pages, 22 September 1908, with the endorsement of Vakaatini and corrections in red ink, the same collection. The manuscript was collated frame by frame against the typescript in September 2026: it takes in the red-ink corrections made on the typescript and on the typed “History of Arera Ariki”, so it was written after them. The collation, the manuscript and Raea’s statement are in the archive to this part (Archives 14 and 16). Second edition.; The microfilm copy of Stephen Savage’s manuscript comprises twenty-seven numbered pages in Savage’s own cursive hand, with his own crossings-out and insertions, and the typed papers he worked from. It is his working draft, written in the first person in 1908. Raea Rupe’s typed statement of 22 September 1908, endorsed by Vakaatini, is quoted by Savage further on, on the lands Tinirau seized; the account of the agreement itself was told to Savage by one of the mata‘iapo living under Makea Takau’s jurisdiction, a successor of the six who made it. Asked by the mata‘iapo whether he thought this Makea had always been Makea, Savage replied guardedly that he did. “That is not so,” says he, “we the six mataiapo’s of Tupapa created this Makea.” It was Savage who struck out Pini and wrote Tinirau, three times over. The typed copy came to the author in January 2013 in the folder of papers given him by Yolande and Stella Browne.

^24.87 Submissions of William Framhein for the alleged mata‘iapo of Ārai-te-Tonga, Re the Makea Nui Ariki title (2013), application 390/2013. First edition, Volume 2, p. 82.; S. Percy Smith, “Arai-te-Tonga, the ancient marae at Rarotonga”, JPS 12 (1903), pp. 218–220, and the plan. First edition, Volume 2, p. 82.

^24.88 Parakoti in Re Tamaiva (1907), Minute Book 3, p. 305. First edition, Volume 2, p. 84.

^24.89 Minute Book 1, pp. 316–318, 1 September 1908; Volume 3, Chapter 26, on the dating of Tinomana Te Mutu. First edition, Volume 2, p. 84.

^24.90 Marjorie Crocombe, Cannibals and Converts: radical change in the Cook Islands, 1983, pp. 51–53; George Waldon, Missionary Labors and Results in the Hervey Islands, in a series of letters, Boston, 1838, pp. 50–51; Judge H. J. Morgan, Taputapuatea sections 72, 39 and 40, and 72A, Avarua, Native Land Court, 24 April 1953, Rarotonga Minute Book 22, p. 85. First edition, Volume 2, p. 84.

^24.91 Maretu, Journal, in Marjorie Crocombe, Cannibals and Converts, 1983, pp. 51–53, paras 19–33, with her bracketed notes; the whole passage with her footnotes is printed in Chapter 19. Ronald G. Crocombe, Land Tenure in the Cook Islands, Oxford University Press, Melbourne, 1964, p. 14. First edition, Volume 2, pp. 84–86.

^24.92 Waldon (1838), p. 50. First edition, Volume 2, p. 87.

^24.93 John Williams, Narrative (1837), pp. 183 and 216–218. First edition, Volume 2, p. 87.; Charles Pitman, journal, 12 May 1827, and Pitman to the London Missionary Society, 6 November 1827, South Seas Letters. First edition, Volume 2, p. 87.; Gill (1890), p. 630. Gill’s information on Makea came from Teaoa, the native pastor at Avarua, and on Tinomana from Tinomana Samuela, Rongo‘oe the Second. First edition, Volume 2, p. 87.; Gill (1890), p. 630. First edition, Volume 2, p. 87.; James Chalmers to the London Missionary Society, 9 December 1874, South Seas Letters. First edition, Volume 2, p. 87.; G. R. C. Herbert (“The Earl and the Doctor”), South Sea Bubbles, 1882, pp. 151–161; Clement L. Wragge, The Romance of the South Seas, London, 1906, p. 132. First edition, Volume 2, p. 87.; Percy Smith, “Arai-te-Tonga”, JPS 12 (1903), p. 218. First edition, Volume 2, p. 88.

^24.94 Stephen Savage, Notes on Cook Island Traditions, manuscript, Justice Department, Avarua, p. 12; and the author’s comment at note 172 of the first edition. First edition, Volume 2, p. 87.

^24.95 Baltaxe (1975), pp. 185–186. First edition, Volume 2, p. 88.; Baltaxe (1975), p. 185; Pori’s children included Makea Te Vaerua, Daniela, ‘Enua and Apera (Marjorie Crocombe, Maretu’s Narrative, 1974, p. 182). First edition, Volume 2, p. 88.

^24.96 Taputapuatea sections 72 and 72A, Avarua, applications 33, 36, 45 and 38 under section 32 of the Cook Islands Amendment Act 1946, Native Appellate Court, Avarua, 18 and 19 August 1950, Appellate Minute Book 2, pp. 44–49 (Judges H. J. Morgan, E. M. Beechey and R. P. Dykes); Rauru Vaike for Arera Tupa Vaitoti at pp. 44–45, Ngatara Aiteina at p. 45, Makea Nui Teremoana in cross-examination at p. 46, Ua Turua for B. Uriarau and Te Ariki Samuela at pp. 46–47, Browne Uriarau at p. 48, Makea Nui Teremoana sworn at pp. 48–49 and Tuvaine Te Ariki Tamarua at p. 49; decision reserved and given on 25 August 1950 at pp. 75–77, ordering a re-investigation of title by the Native Land Court. A copy of pp. 44–50 supplied by the author is printed in the archive.; Rauru Vaike, for Arera Tupa Vaitoti, said that his ancestor Tupa Raunae, ten generations back and also called Makea Mimitinui, had lived on the land and was buried on the marae Tuarea behind the palace; that Makea Takau had asked Tuerei, the daughter of a true Arera named Tapukura, for the land on which to keep her pigs; that Tapukura’s descendants, Kokaua and Tama, lived on it still; and that Makea Tinirau himself had married Tapukura’s daughter. Ngatara Aiteina said that Kokaua and Tapukura had lived on section 72 east of the Royal Hall, that Makea had taken Kokaua’s children as feeding children, and that “it is thus said that that section belongs to the descendants of Arera – that is the whole of Section 72”. Ua Turua, for the Uriarau and Te Ariki Samuela families, said that Taputapuatea was “sacred soil”, the seat of the ariki, named from Ra‘iātea and made a marae and a kōutu because Ra‘iātea was too far away; that Tuareanui was the marae inland of the palace; and that the ariki family had themselves abolished its sacredness when they partitioned it among themselves in 1912: “If the land had been allowed to remain as ‘title’ land there would have been no claim.” Makea Nui Teremoana swore that the sections were ariki land and not family land, and that “it is not Native custom to give away ariki land”.

^24.97 Judge H. J. Morgan, Taputapuatea sections 72, 39 and 40, and 72A, Avarua, applications 2614, 2615 and 2616, decision on re-investigation of title ordered by the Native Appellate Court (Appellate Minute Book 2, pp. 75–77, 25 August 1950), Native Land Court, hearing commenced 9 February 1953 (Rarotonga Minute Book 22, pp. 15–23), decision 24 April 1953, Rarotonga Minute Book 22, pp. 78–89: the history of the court’s orders at pp. 78–80; the Arera claim of Rauru Vaike at pp. 80 and 85; the findings on the ancient history at pp. 81–85; Ua Turua’s evidence for Ngāti Pa (Appellate Minute Book 2, pp. 60–61, 21 August 1950) at p. 82; the finding of 114 years’ occupation at p. 85; the petition of Te Atai and Tinirau Vaine of 14 April 1908 at pp. 86–87; the findings that the land “never was Makea family land” and is not Makea ancestral land, at p. 87; the burials and the freehold order for Taputapuatea section 224 at pp. 87–88; and the drain taken in 1912 at p. 89. The decision is signed “H. J. Morgan, Judge, 24.4.1953”; the first edition of this volume attributed it to Chief Judge McCarthy, and that attribution is corrected here. A complete copy supplied by the author is printed in the archive. First edition, Volume 2, pp. 182–187.; The judge traced the “hopeless confusion” of the court’s own orders since 1905, when Makea Takau had claimed the land “as Ariki land” and Judge Walter Gudgeon had noted that she “shows every design to leave the land out of the true line of Arikis”; the family’s names added in 1908 and struck out in 1912; Rangi Makea’s house site; and the transfer of his shares to Tinirau and his children, to the exclusion of his dead son Tamarua’s issue, that had brought Te Ariki Samuela to the Appellate Court. Once Teremoana had claimed the whole block for the title and Te Ariki Samuela had said he made no claim against the ariki, only the Arera claim remained. Rauru Vaike, for the descendants of Tapukura, claimed the whole southern portion, including the two-storey house Paraotane, on three grounds: that Tupa Raunae was buried there, that the Arera had occupied it, and that the Arera had a burial ground there still in use. The judge inspected the land and found that Rauru Vaike could point only to a general position for the grave, that the burial ground was used, Makea said, by the ariki’s permission, and that the pig story could not be accepted; he noted that Tupa Vaitoti’s own genealogy, confirmed by Raea Rupe, traced from Makea Pori, and that Tapukura had married Te Uira, Pori’s daughter; and he held that “it may be true that the Arera people occupied prior to that time but their occupation has not been proved”. One document on the file gave him pause: a petition of 14 April 1908 by Te Atai and Tinirau Vaine “for turangaare of Ngati Vaitoti in Taputapuatea of Makea”, answered by Tinomana, Makea Daniela, Tinirau, Raea, Tui and two Makea, who told the petitioners that “only four families” were recognised as having shares in “the Taputapuatea Ariki Marae” but that the two of them might stay on the house site “for all time”. If Ngāti Makea had themselves called it the house site of Ngāti Vaitoti, the judge said, that “could have great significance”, for Vaitoti lived before the gospel and possibly before the Makea obtained possession; but he took the phrase to be the petitioners’ own, merely repeated in the reply. The Arera side went into that court without a lawyer, there being none in Rarotonga then.; Judge MacCauley’s genealogy books agree with the judge on the marriage and differ among themselves on the bride: p. 43 (Makea Pori, Minute Book 7, p. 291, and Minute Book 10, p. 255), p. 89 (Minute Book 5, pp. 170–171, “Kuratau admits this correct ‘papa’”) and p. 451 (Tapukura, Minute Book 20, p. 265) make Tapukura’s first wife Te Uira, or Ngamatatuira, daughter of Makea Pori and Ngamata; p. 251 (Minute Book 12, pp. 183 and 193, the genealogy Rauru Vaike cited in 1950) makes her Te Iira, a sister of Pori’s wife Ngamata, and p. 278 (Minute Book 13, p. 216) names the son of that marriage Tupai, not Vaitoti; p. 381 (Minute Book 17, pp. 130–133, and Minute Book 19, p. 73) has an elder Vaitoti, married to a daughter of Nia, as Tapukura’s father, so that the name Vaitoti stands two generations apart. Working paper (23 September 2026), section 2(d).

^24.98 The judge searched the ancient history himself, in Te Ariki Tara‘are, Tamuera Te Rei, Stephen Savage, William Gill and Maretu. He found that the ariki of Rarotonga were anointed and buried at the marae Avarua beside Taputapuatea, so that as late as 1854 Tinomana Enuarurutini’s people expected him to be “interred in the ancient tomb of the chiefs, at Avarua”; that Maretu has Pori anointed at Vaerota; and that there were no defined tribal districts “until Pa ariki fixed the boundaries after Makea was brought back from his exile at Arorangi just before the Gospel arrived”. He noticed what Ua Turua had said for Ngāti Pa two days after his evidence for the Arera: that Poroi did not claim Taputapuatea and the mission grounds “because they were given over by Poroi’s ancestors to Makea”, and that Tutarangi of Ngāti Pa had handed his lands and people to Makea Tinirau. The new freehold order for the whole block, renamed Taputapuatea section 224, was subject to the leases, to a house-site right for Tinirau’s descendants and to a house-site right for Tamarangatira Te Ariki Kokaua of the Arera in the southern portion; and, having found that George Karika Ariki, Ua Vakatini Ariki and Mataiao Kea of Atiu lay buried there beside Makea Pori’s descendants, the judge added the opinion that burials on Taputapuatea “should be limited to persons holding tribal titles”.

^24.99 Judge MacCauley’s genealogy books, p. 15 (Minute Book 2, p. 6: “Daniela = Te Kura a Pa, Makea Takau D.S.P., see P.326”, “Ngamaru Ariki” written beside; the reading “Daniela” and “Te Kura” is uncertain), p. 95 (Vakatini, Minute Book 5, p. 238: “Te Uira Makea = Makea Taruta, Makea Takau D.S.P.”; the husband’s name is read Tavita on one scan and Taruta on another; Minute Book 5, p. 238, itself reads “Te Uira Matea = Makea Tavita”, and places Te Uira Matea as a daughter of Tupe, granddaughter of Te Uira a Pini and great-granddaughter of Vakaatini by Ngataraeiao; p. 285, Pa Ariki sworn 6 May 1912, reads “Makea Tarita” twice, and “Pori’s last child was adopted by Makea Tarita”), p. 96 (Minute Book 5, p. 285), p. 136, p. 192 (Makea Pini, Minute Book 9, pp. 320 and 381) and p. 326 (Minute Book 14, pp. 355–356, and Minute Book 17, pp. 231–233). Walter Gudgeon’s letter of 16 July 1908 is quoted in the affidavit of Rau Tuti Taringa, 9 March 2007, application 756/2004, paragraph 45.3 (Archives 32). The 1950 evidence of Willie Browne and Rauru Vaike: Appellate Minute Book 1, pp. 40–43. Working paper (23 September 2026), section 2(e).

^24.100 Jane Downes, Colin Richards, Kate Welham, Francisco Torres, Matthew Campbell and Lawrence Shaw, Excavation and survey of the Ara Metua (ara nui o Toi) and related sites at Arai te Tonga, Rarotonga, Cook Islands: preliminary report, June 2019, University of the Highlands and Islands Research Database, https://pure.uhi.ac.uk/files/14139514/Ara_Metua_Report_2019_Final.pdf, sections 2, 3.1, 3.3 and 3.4; the Manuka and Pureora dates are the Canterbury Museum expedition’s (Wilkes 1974), which the 2019 report says “are quite possibly not reliable”. Supplied by the author, 22 September 2026.; The Canterbury Museum expedition of the 1960s obtained a date in the 1200s or 1300s from a layer at the marae Manuka, sixty metres seaward of the road, and a date in the mid-1500s at Pureora, twenty metres inland of ‘Are Rangi; the University of the Highlands and Islands team treat both as “quite possibly not reliable”, because the wood was not identified. That team established that the road at Ārai-te-Tonga was built three times over, the first surface laid on old turf, the second a white coral pavement with black basalt kerbs that was already worn when Percy Smith saw it in 1897; that the paved pathway of ‘Are Rangi with its stone seats was a late pre-missionary construction, went out of use some time in the 1800s, and survives much as it was left; and that the seat now used for investitures was moved to the roadside for the purpose from the ruined eastern arm of the platform. The kōutu itself they could not date.

^24.101 Stephen Savage, Extracts, 1911, p. 18, on the kōutu held by Tangiura of the Vakapora family, quoted in the first edition, Volume 1, p. 404 (“Rights to the kōutu”). The same passage gives the “white pebble” of the kōutu that Percy Smith recorded at Ārai-te-Tonga.

^24.102 S. Percy Smith, “Arai-te-Tonga, the ancient marae at Rarotonga”, JPS 12 (1903), pp. 218–220, and the plan. First edition, Volume 2, p. 82.; Percy Smith’s plan: beside the road stood Are-rangi, a platform faced with stone seats with backs, where the mata‘iapo sat when they visited the ariki. A hundred yards to the west, on the kōutu itself, stood the stone on which the ariki sat to receive offerings, with Takaia the priest on his right; the seat called puera, to open or disclose, where Potiki-taua, that is Te Ariki Tara‘are, sat, because it was through him that the ariki’s decisions were declared; the seat called maringi-toto, blood-spilling, where the heads of the ika mataati, the first fish, the human victims, were laid; and behind them the pillar Tau-ma-keva, said to have been brought from Avaiki, on which the mata‘iapo lifted the new ariki to be anointed. Around the court were the seats of the ariki Pa, Kainuku, Te Au and Maturua, Tinomana and Vakatini, and four mata‘iapo seats: Uirangi, Teaia, Au (now Tangi‘iau Mata‘iapo) and Taurua (now Vaikai Mata‘iapo), the last three all mata‘iapo of Ngāti Tangi‘ia. Volume 2, Chapter 20 describes the place in full; the plan is in the archive.

^24.103 Walter Gudgeon, memorandum of 16 July 1908, in Report of Judge Harvey to the New Zealand Department of Island Territories, 1945, pp. 58–61. First edition, Volume 2, p. 92.

^24.104 Affidavit of Annabella Grace Rasmussen, sworn 5 March 2012, in the matter of Pokoinu sections 227 and 228, Avarua, application 472/2011, High Court of the Cook Islands (Land Division), with the comparative genealogy “Te Patua Kino / Ngamarama Apai Tururangi” and the Ngāti Arera working committees’ genealogies filed with it; supplied to the author by Ross Holmes’s client files in September 2026.

^24.105 Submissions of the Ui Mata‘iapo and Kau Ta‘unga of Ārai-te-Tonga (Makea Nui Ariki, Apai, Araiti, Tara‘are, Vakapora, Uirangi, Tamaiva, Te Puretu, Teava, Pi and Kamoe Mata‘iapo; Ngarepa, Takaia and Potikitaua Ta‘unga), Re Pokoinu sections 227 and 228, Avarua, Case on Appeal, Volume One, Part 2, paras 6–16 and 22–25, citing Te Puretu, Minute Book 9, pp. 286–287 and 312, Tutara Apera, Minute Book 9, p. 292, and John Numa, Minute Book 22, p. 147; Court of Appeal CA 5/13, 6/13 and 7/13. Second edition.

^24.106 Rarotonga Minute Book 2, p. 272, cases 312 and 313, 21 March 1906, in the typed transcript of the minute book, initialled W.E.G. (the original minute books were handwritten and were typed up later); Avarua Titles Register, Araitetonga section 127G, Tupapa, Avarua, from record 312, 1.5 hectares, diagram 245, order on investigation of title sealed and signed 10 November 1906. The section number was identified by the author in September 2026. Both documents are reproduced in the archive and set out in Volume 4, Chapter 10.

^24.107 Rarotonga Minute Book 10, p. 304A, 22 August 1932, “Persons present at Arai-te-tonga on 22/8/1932 during V[iew] of Court”, thirty-two names, including fifteen rangatira with the holder of each title in brackets, Vakapora Mata‘iapo (Teremoana), Potikitaua the priest (Manarangi), Makea Vakatini Ariki (Ua Tepou) and Arera Teariki, with Chief Judge H. F. Ayson, Stephen Savage as Registrar and Interpreter and Henry Williams, Surveyor.

^24.108 Rarotonga Minute Book 10, pp. 298 to 300, 22 August 1932, before Chief Judge Hugh Ayson. The word after “Makea was”, and again at “the, of Makea nui”, is indistinct on the copy in hand and is supplied in square brackets from the court’s own register, which records the same sentence in full; see the note on the partition orders below. Vaka katoatoa is the whole vaka. The spelling throughout is the Registrar’s. On the same page Iobu Tumu said that Te Pa Atua Kino “was the ariki of Araitetonga”, which is set against the argument of this chapter and is noted so that a reader meets it.

^24.109 Rarotonga Minute Book 10, p. 303, 22 August 1932, signed H. F. Ayson; the four succession orders were sealed and signed on 20 January 1938. The interest of Tairi te Rangi had been expressed in the 1906 order as held “for Te Taora”, so that a trust passed to the ariki with it.

^24.110 Rarotonga Minute Book 10, pp. 304 and 305, 22 August 1932; Avarua Titles Register, Araitetonga section 127G No. 1 and Te Pukamaru section 127G No. 2, the partition orders sealed and signed on 8 June 1938. The register spells “Order on Investigation (of Title)” with the words in brackets as shown.; Raitia Te Puretu spoke for Tara‘are, Te Puretu, Tamaiva, Ekete and Te Ava. Of the 1906 owners, the court’s list of those who walked the ground in 1932 names “Tairi-te-rangi Rangatira (Tuokura)”, with fourteen other rangatira of Te Au o Tonga beside her, among them Putu, Pokino, Uriarau and Rupe; the 1906 minute gives no rank to any of the five and records everyone as f.a., female adult. At the next case on the same page in 1906, Rangiura section 127K, Gudgeon wrote: “Makea Nui being trustee only for her tribe has no power of devise.” In 1932 five shillings was charged on the first succession order and nothing on the other three. After the partition the marae Manuka lay in the piece partitioned away, so that Makea Nui holds it “for the marae known as Manuka only” on land whose other owner is a rangatira title that was vacant then and is vacant now. The register records: “Makea Nui holds as Trustee for the Tribe as shown in Minute Book 2 at page 272 and in Order on Investigation of Title made on 21st March 1906.” Volume 4, Chapter 10 sets the whole day out.

^24.111 Avarua Titles Register, Rautai section 127A, Tupapa, order on investigation of title, Minute Book 2, p. 286, 27 March 1906, sealed and signed 5 July 1906, partitioned 17 March 1908, Minute Book 4, pp. 88–89; Ikurangi section 127D, Minute Book 2, p. 287, case 291; Rarotonga Minute Book 10, p. 304C, 22 August 1932, the schedule of the sections surrounding Ārai-te-Tonga with the owners of each, produced by the Registrar during the hearing.

^24.112 Charlie Cowan, Tereora 106B, Appellate Minute Book 1, pp. 226–227, 3 August 1949; the marginal note at p. 227.

^24.113 Willie Browne, Arepakii 36, Araiava 37 and Uruau 77, Appellate Minute Book 1, p. 288, 17 August 1949, in the presiding judge’s hand.

^24.114 Volume 1, Chapter 5 (the settlement of Rarotonga by Tangi‘ia-nui and Karika Tara‘ape, and the making of the Tinomana title for Motoro); Volume 2, Chapter 17 (the division of the island); Stephen Savage, A Dictionary of the Maori Language of Rarotonga, 1962, under ariki and marae. Second edition.

^24.115 Te Puretu in Re Te Areroa partition, Minute Book 4, p. 316 (1908); Chief Judge H. F. Ayson, In re Rangi Makea deceased, Minute Book 9, pp. 378–398, 29 September 1923, at p. 4, conceding that the mata‘iapo of Tupapa had come from Ngāti Tangi‘ia. Volume 2, Chapter 25, first edition pp. 176–178, on the expulsion of Tara‘are, Vakapora, Uirangi, Teava, Tamaiva and Te Puretu from Ngāti Tangi‘ia. First edition, Volume 2, pp. 79–80.

^24.116 Parakoti in Case 1030, Arepakii 36, Tongatai 35, Araiava 37 and Tongatai 33, Avatiu (1912), Minute Book 5, pp. 113–114, 11 March 1912; Raea Rupe in Re Pokoinu 107 (1905), Minute Book 2, pp. 61–62, on the seven years in Puaikura. First edition, Volume 2, pp. 205–206 and 217.

^24.117 Maretu, Journal, in Marjorie Crocombe, Cannibals and Converts, 1983, pp. 51–53, para 33: “When the people at Arorangi heard that Makea was now living at Ārai-te-Tonga, they all (32) returned to their own lands to build.” The passage is printed whole in Chapter 25 and in the archive. First edition, Volume 2, p. 88.

^24.118 Walter Gudgeon, Minute Book 2, p. 9 (1905); Chapter 25, “The Avatiu case of 1912”, and first edition, Volume 2, p. 205. Second edition.

^24.119 Parakoti, Minute Book 5, pp. 113–114; Raea Rupe, Minute Book 5, pp. 116–117; Judge Charles MacCormick, Minute Book 5, pp. 167A–167C, 28 March 1912; Re Arepakii section 36, Araiva section 37 and Uruau section 77, Avarua (1949), Appellate Minute Book 1, pp. 319–323, Judges D. G. B. Morison and E. M. Beechey, 25 August 1949. First edition, Volume 2, pp. 202 and 205–207; the 1912 evidence and the decisions of 1912 and 1949 are in Chapter 25, Part Two, and printed whole in its archive.; Parakoti, one of Makea Nui Takau’s conductors in the Land Titles Court, told the court in 1912 that when Makea was driven out in 1814 Pa and Kainuku became the owners of Avarua from one boundary to the other, and that in 1823 they gave the whole of it, from Tuoro to Taakarua and from the sea to the mountains, to Makea in person, so that every mata‘iapo and rangatira in the district held under him. Raea Rupe, on the same side, said that the mata‘iapo were never driven out, only the Makea family, and that in 1823 “each went back to the position he had been in before the conquest”. Judge Charles MacCormick believed Raea in 1912 and held that the fighting had made no difference to the position of anyone on the land; the Native Appellate Court in 1949, in the Arepakii, Araiva and Uruau case, held that the return of 1823 was a restoration of the Makea people to their former territory without disturbance of anyone’s pre-existing rights.

^24.120 Raea Rupe, evidence of 22 September 1908, Minute Book 4, p. 342; Ross Holmes, “An analysis of Walter Gudgeon’s Avarua Land Titles Court decisions 1903–1914”, draft chapter for Volume 4 (July 2013), section b, “The land of the ngāti Arera”. Second edition.

^24.121 Willie Browne, Arekakaia section 50A5, Appellate Minute Book 1, p. 231, 12 August 1949; Ian Karika Wilmott, affidavit of 1 March 2000, paragraph 8.1 (Archives 35). The election is at 1 AMB 6 and in this chapter above.

^24.123 Ayson CJ, In re Tuarea Nui section 40, 31 March 1937, p. 3, as quoted in Archives 35, Part 1 (Makea Tinirau’s evidence); Makea Nui Teremoana Ariki, Tuarea Nui 40, Appellate Minute Book 2, pp. 58–59, 19 August 1950, (1950) 2 AMB 58; Archives 31.

^24.125 Ian Karika Wilmott, affidavit of 1 March 2000, paragraphs 8.1 and 8.3(e) (Archives 35); the Makea Nui side’s statement of the claim, Tuarea Nui 40, Appellate Minute Book 2, pp. 58–59 (1950).

^24.127 The land cases are (1937) Rarotonga Minute Book 12, pp. 39–42, and (1950) 2 AMB 58; the Rehearing of Te Puna Lands Act 1980 and its course are told in Volume Four, Chapters 9 and 12.volume-two#chapter-24

^24.129 Te Ariki Taraare, cross-examined by Te Ura, Makea Takau’s Avatiu lands, 12 March 1912, Rarotonga Minute Book 5, p. 125 (Archives 35, Part 2).

^24.131 Stephen Savage, A Dictionary of the Maori Language of Rarotonga, entry “Arai-te-tonga”, pp. 38–39 (Archives 35, Part 3).

^24.133 Ron Crocombe, Land Tenure in the Cook Islands, Oxford University Press, Melbourne, 1964, p. 39, as set out in the author’s submissions to the Court of Appeal of 15 October 2010, paragraphs 50–51 (Archives 34, Part 3).

^24.135 The author’s submissions of 15 October 2010, paragraph 109 and following, “the second problem” (Archives 34, Part 3); Margaret Karika Ariki, affidavit of 1 March 2000, paragraphs 7 and 8: seven of the family alive in 1908, all put on the titles, Tavake and Tuaivi only children (Archives 39).

^24.137 George Cowan, affidavit of 10 February 2009, paragraph 4 (Archives 32); transcript of evidence, 3 and 4 March 2009, pp. 354 and 422, as set out in the author’s closing submissions of 2 October 2009, paragraphs 106–108 (Archives 41), and the author’s submissions of 15 October 2010, paragraph 108.2, “the third problem” (Archives 34, Part 3). The Karika family’s own account of the making of the three titles: Ian Karika Wilmott, affidavit of 1 March 2000, paragraphs 8.1 and 8.3(e) (Archives 35, Part 1).

^24.139 Deed of Settlement, July 2001, and M. C. Mitchell to the Registrar, 24 July 2001 (Archives 42); the Court of Appeal’s order giving effect to the settlement, to be cited from the order in Volume Four.

^24.141 Gudgeon’s Arera Mua sheet, reproduced in this chapter; Stephen Savage, Rarotonga Minute Book 5, 3 May 1912; the Uriarau manuscript book (Archives 27); Anna Rasmussen’s affidavit and comparative genealogy, 2012 (Document 24.D.30 and note 24.104 (formerly 24.1.180)).

^24.143 Parakoti, Raea Rupe, Ioane Meau and Stephen Savage, Rarotonga Minute Book 5, March to May 1912, in the passages set out in Document 24.D.31; Makea Tinirau, Rarotonga Minute Book 9, 1923.

^24.145 Land Titles Court, 19 April 1905 (Gudgeon CJ), on two sections of Takuvaine, quoted at the note 24.73 (formerly 24.1.125); Charlie Cowan, 1977: “He is only a tama ua and it is not right. They took someone outside of Vakatini line.”

^24.147 Judge MacCauley’s genealogy books, pp. 96, 98, 101, 125a, 326, 408, 456 and 465, copying Rarotonga Minute Books 5, 7, 8, 18 and 22; Re Vakatini Ariki title, Land Court, 14 April 1980, Judge Dillon; the transcript of October 1977 before Judge MacCauley (Document 24.D.31).

^24.149 First edition, Volume 2, p. 64, where the table first appeared.

^24.150 Short (1976). First edition, Volume 2, p. 90.; Short (1976), citing Minute Book 5, pp. 232, 238, 246 and 261, and Minute Book 9, pp. 317–318. First edition, Volume 2, pp. 90–91.

^24.151 Walter Gudgeon, “Genealogy of Arera mua”, manuscript MS-662/B, Hocken Library, University of Otago. First edition, Volume 2, pp. 94–95.

^24.152 Baddeley (1978), p. 365. First edition, Volume 2, p. 95.; Baddeley (1978), p. 366. First edition, Volume 2, p. 95.; Baddeley (1978), pp. 366–367. First edition, Volume 2, p. 96.

^24.153 Charlie Tau-Puru-Ariki Cowan, Collection of Genealogies, Legends and Histories: Arera, manuscript, Church of Jesus Christ of Latter-day Saints film 1126511, pp. 12–14; Tuaivi Kokaua, unpublished manuscript, Rarotonga; Te Puretu, Minute Book 4, p. 287, 6 August 1908; Re Makea Nui Ariki, High Court, Rarotonga, applications 502/94 and 138/95, 1995, Judges Dillon (presiding) and McHugh; Gill (1890), p. 630. The full chart with a source for every entry is at First edition, Volume 2, pp. 114–118.

^24.155 Kokaua, manuscript, as printed at First edition, Volume 2, p. 118.

^24.157 Gray (1975), pp. 193–194. First edition, Volume 2, p. 89.; AJHR 1892 A-3, pp. 21–37. First edition, Volume 2, p. 90.; AJHR 1901 A-3, pp. 8–9. First edition, Volume 2, p. 90.

^24.158 Josephine G. Baddeley, Rarotongan Society: the creation of tradition, thesis, University of Auckland, 1978, p. 364. First edition, Volume 2, p. 89.

^24.159 Iaveta Short, report to the kōpū ariki of Makea Vakatini Ariki, 1976; a copy is held by the Cook Islands Library and Museum Society, Rarotonga. First edition, Volume 2, p. 89.

^24.154 Makea Tinirau, Minute Book 9, p. 317. First edition, Volume 2, p. 90.; Minute Book 9, pp. 317–318. First edition, Volume 2, p. 90.; Minute Book 9, p. 326, 18 September 1923; the three wives and the numbered children at p. 317, the division of titles and “That is why they were called the 3 arikis – the 3 Makeas” at p. 319, and the Te Uira Matea line at p. 325 (“Present Pa Ariki”), read from the author’s photographs of the minute book, 25 September 2026. First edition, Volume 2, p. 90.

^24.156 Baltaxe (1975), p. 180. First edition, Volume 2, p. 92.

^24.122 Rarotonga Minute Book 5: Parakoti, 29 April 1912, p. 238 (chart, “Te Pa atua kino = Ngamarama a pai”, children Vakaatini, Teora, Tamaru); Raea Rupe, 2 May 1912, p. 256; Stephen Savage, 2 May 1912, p. 263 (“The first husband of Ngamarama the wife of Vakaatini was Makea Pini. They had Rupe, Tairiterangi, Paueterangi, Maui, Kapo”); Ioane Meau, cross-examining Te Ako, 3 May 1912, p. 275 (“Ngamaramas second husband was from Vakaatini family. His name was Te Anuanuaterekura. The same Ngamarama was prev. marr. to Te Paatuakino”), to which Arona answered, “I don’t know that Ngamarama marr. Makea Pini.” Second edition.

^24.124 Te Puretu, Minute Book 9, p. 299. First edition, Volume 2, p. 92.

^24.126 Rarotonga Minute Book 1, pp. 315–322, sections 54 to 58 Ruatonga, 22 and 23 March 1905, before W. E. Gudgeon: Vakapora sworn, pp. 315–317 (the killing of Te Arauira, the three who raced for his pare, “Makea got there first and put on his head and called out Makea Ariki”); Teamaru, an Anautoa, pp. 317–319 (the conquest by Tautu, Paenui and Kao; Tautu “the leader of the canoe of Makea”, whose canoe Toewaka “is still in existence”, and who proclaimed war from Maungaroa to both divisions of the island); Teamaru to the Court, p. 318 (“Te Patuakino had children by Poina; Makea Keu, Tautu, Paenui, Kao. Makea Keu was our chief”); Makea Daniela, p. 319; Tutara “on previous oath”, p. 319; a judgment written on 22 March 1905, pp. 320–321, holding the land conquered “in the days of Te Patuakino”, asking only whether Karika “who is the elder branch and descended from Makea Keu” had any overlordship, treating the sections as in the same position as Avaavaroa, where conquered land owed the ariki nothing, and awarding them to Anautoa, Tutara, Kao and Toata, is struck through and marked “cancelled”, and on 23 March the court let Makea Daniela call further witnesses for Karika (p. 322); the decision as finally given is beyond the pages supplied. Photographs of the pages supplied by the author, 25 September 2026. Second edition.

^24.128 Parakoti, Re Tutakimoa appeal (1913), Minute Book 7, p. 78. First edition, Volume 2, p. 92.

^24.142 Willie P. Browne, Tuareanui section 40, Tākitumu (1950), Appellate Minute Book 2, pp. 40–41. First edition, Volume 2, p. 92.; Willie P. Browne, Arekakaia 50A5, Tākitumu (1950), Appellate Minute Book 1, p. 237. First edition, Volume 2, p. 93.

^24.144 Judge MacCauley’s genealogy books (four 1970 diaries into which Judge MacCauley copied, in his own hand, the genealogies given in evidence in the Land Court, each entry with its minute-book reference; copies held by the author), p. 16 (Makea Te Patuakino, from Minute Book 2, pp. 17–18, and Minute Book 5, p. 323: “Keta Te Ara = Akenuku”; “2/17 Keta = Te Ara”), p. 17 (Tamaru, Tamaru, Te Ara, Keta, Te Paeru) and p. 93 (Patuakino, from Minute Book 7, p. 124: “Te Ara @ Keta”). The pages are MacCauley’s readings of the minute books, not findings; Minute Book 5, pp. 239, 262, 268–269, 272 and 278, and Minute Book 7, pp. 75 and 80, read on 24 and 25 September 2026, go most of the way to settling the identity (see the next note); Minute Book 2, pp. 17–18 and 20, and Minute Book 7, p. 124, have now also been read: p. 17 is the witness “Te Ara” (“I married Keta in 1856”), p. 18 Pora’s chart, p. 20 Vakaatini’s chart with Teara and Keta as two children of Tamaru, and p. 124 Parakoti’s chart of 1913, which has Tamaru’s children as Tamaru and Muavaka, and Tamaru’s as Te Ara and Tepaeru. Parakoti: Rarotonga Minute Book 7, p. 78 (1913). The author’s collation of these pages is Volume 4 – Working paper – The Titikaveka and Te Puna families in Judge MacCauley’s genealogy books (23 September 2026), section 4, “Keta’s identity”.; Rarotonga Minute Book 5, Makea Taniera deceased, Tutakimoa, before Judge Charles MacCormick, E. Blaine registrar, W. P. Browne interpreter: Parakoti, 29 April 1912, p. 239 (“Te Ara was also known as Keta”); Stephen Savage, 2 May 1912, p. 262 (chart of the Tamaru line: “Te Ara, s.p., Keta, s.p., Tapaeru = Paeariki”, the last the parents of Enere Keta, Te Uira and Mata); Rutera, 3 May 1912, pp. 268–269; Tai Anautoa, 3 May 1912, p. 272; Enere Keta, 6 May 1912, p. 278 (“Keta (Te Ara) did the other half.... I am 53 years old”); Pa Ariki, 6 May 1912, p. 287. Photographs of the pages supplied by the author, 24 September 2026. Second edition.

^24.146 Stephen Savage to his son Walter, Rarotonga, 13 August 1924, typed carbon, two pages, Stephen Savage collection, Cook Islands National Archives, Rarotonga, giving the descent of Savage’s wife Pare-a-Katea from Tuku-au Arera through Rangi and Rao-ariki-o-Arera, and through Kao from Makea-Karika-te-pa-atua-kino; Ada Pari-a-Katea Savage, application of 1912 to succeed Makea Daniela Vakatini in Tutakimoa section 19, the same collection. Both are transcribed in the archive (Archives 17 and 20). Second edition.; Application to the Registrar, Land Titles Court, Rarotonga, 13 March 1912, for an order for succession to the interest of the late Makea Daniela Vakatini in section 19, Tutakimoa, Avarua, handwritten half-sheet signed “Ada Pari a Katea Savage” (the signature is not wholly legible), Stephen Savage collection, uncatalogued, Cook Islands National Archives, Rarotonga; transcribed in Archives 20. Savage’s wife was Pare-a-Katea, and one of his daughters, at school in Napier in 1924, was Ada (Archives 17); which of them signed is not certain. Second edition.

^24.148 Rarotonga Minute Book 5: Stephen Savage sworn, 2 May 1912, p. 261 (chart: “Vakaatini = Ngamarama apaetururangi (daughter of Apai Tururangi and Rangimaru. Latter a daughter of Te Ora)”, children Tamaru, Te Oraote Tangata, Tewaitiraurau and Tearikimarokura), p. 263 (“Vakaatini’s proper name was Vakaatini te Anuanua terekura. He had a second wife (viz) Vakaatini = Tapaeruarikirangi”, six daughters; “I am not a Rarotongan but I have learnt their w/papa during my residence here”), p. 266, 3 May 1912 (“Vakaatini I. was also called Areraariki. His tapu name was Arera konavaka o Makea. His weapon was called Te Nioponga... His priest was known as Aunganangana. But he was not equal to Potiki Taua”; “Makea Taniera himself told me that the genealogy I have given was correct. But that it was a secret of the arikis”), p. 267 (“Vakaatini was not a son of Te Paatuakino...”; the Court’s note; “Kokoua is the present Arera but only by adoption”). Second edition.

^24.130 Rarotonga Minute Book 2, sections 83 and 84 Takuvaine (Taumou and Arurutuarangi), claims 163 and 165, 19 April 1905, before W. E. Gudgeon: Pora a Apai sworn, pp. 15–19 (his chart, p. 18: “3w. Ngamarama Apai = Makea Te Patuakino = 1w. Puara, 2w. Pouha”; Vakatini; Tamaru 1, Araiti 2, Apai 3; under Tamaru, “Keta, Tapaeru = Paiariki”; “Keta tried to get it, from Manarangi. He asked for both title and land. And they would not take any notice of him they had grabbed the land”; his second chart, p. 19, Makea Pini, Tinirau = Tauariki, Te Pou = Kuraii, Manarangi = Te Kura, Te Pou o te Rangi = Akaiti, Makea Daniela: “This shows that the present Vakaatini is not a Vakaatini at all”); Te Ara, p. 17; Iopu, p. 17; Maeua, p. 18; Vakaatini (Makea Daniela) sworn, pp. 20–21, with his two charts (“Vakaatini had 73 pieces of land given to him and Title. The Teinas were Rangatiras. Tamaru had 7 portions. Teora had 4 portions”; under Tamaru: “Tamaru, Rongo, Vaka; Teara, Keta, Tepaeru, Henare”); Decision of Court, pp. 21–22B. The Keta evidence of 1913: Rarotonga Minute Book 7, pp. 73–84 (Keta’s case, claim 1067, 3 November 1913: Henare Keta, Parakoti, Tai Anautoa, Pi, Rutera Tamarua te Kakita), and pp. 123–131 (Pa’s case in reply, 10 November 1913). Photographs of the pages supplied by the author, 25 September 2026. Second edition.

^24.132 Judge Charles E. MacCormick, Makea Daniela deceased, Tutakimoa block, Decision, 24 May 1912, Rarotonga Minute Book 5, pp. 323A–323D (Pora’s claim “entirely broke down”; Ngāti Tairi through Potai and Pari a Katea Savage; Henare Keta “entitled to some share”; Papera; Pakitoa; the bulk of the land to the next of kin of the deceased); and Koeanga section 19, p. 323E, awarded to Pari a Katea Savage on Makea Daniela’s own evidence in Minute Book 3, pp. 203–205, “the fact was concealed from the Court because of ill feeling... This was not proper conduct for an Ariki like Te Vakatini”. Read from the author’s photographs, 25 September 2026. Volume 4, Chapter 10 prints the decision. Second edition.

^24.134 Walter Gudgeon, Takuvaine sections 83 and 84, Minute Book 2, p. 22A, 19 April 1905. First edition, Volume 2, p. 77.

^24.136 The Uriarau manuscript book, handwritten in Māori, original pagination 395–717, pp. 505–506 and 592–594 (Ngāti Arera; “Te tuatua ia Arera Makea”); from the copy supplied by the author, reproduced whole in facsimile in Archives 21a–b and the pages cited transcribed in Archives 27. The book names Uriarau Tutemaeva, Abela Uriarau and E. B. Uriarau (1954) as its keepers. Second edition.

^24.138 Re Makea Vakatini Ariki title, Land Court, Rarotonga, application 182/77 (with 505/76) by Ina Vakatini under s. 409 of the Cook Islands Act 1915, contested by Toua Paitai: transcript of the hearing before Judge MacCauley, 7 October 1977 and following days, pp. 1–102 (pp. 37–45 not among the copies held), and of the continuation before Judge Dillon, 29 February 1980, pp. 189–206, with the written statements of Mata Mereana Aitu Brown (Te Ara Rangatira), Makea Nui Teremoana Ariki, Fredrick Aratini Rennie and Reinhardt Godfrey Michael Jonassen, pp. 4–5 of Iaveta Short’s report, the typed genealogies of Rena-Ariki Atua Jonassen alias Tairi Mapuapua Rangatira and of Toua Vakatini Ariki, and the notice of the Ui Rangatira (Exhibit C); from the file of Trevor Clarke’s law firm, Rarotonga, which acted in the matter, now among the uncatalogued papers of the Cook Islands National Archives, Rarotonga, photographed there by the author on 7 December 2012 by permission of the late George Paniani, then Manager, and transcribed whole in Archives 22a, with facsimiles in 22b and 22c. Makea Nui Teremoana, transcript p. 23; Jonassen, statement pp. 2–3 and transcript pp. 189–194; Charlie Cowan, transcript p. 101; Toua Paitai, transcript pp. 61 and 76; the court, pp. 66 and 193, reading Rarotonga Minute Book 16, pp. 365–366. For the decisions see Re Vakatini Ariki title, Land Court, 14 April 1980, Judge Dillon, and Court of Appeal, 4 September 1981, cited in Part Two. Second edition.

^24.140 Judge MacCauley’s genealogy books, p. 96 (Te Po, from Minute Book 5, pp. 240, 247 and 285, and Minute Book 14, p. 257: “Makea Taniera (Vakaatini) D.S.P. @ Timi Te Pau”; “Arama = Teina, Ua Vakatini = Rangi 14/257”), p. 98 (from Minute Book 8, p. 193, and Minute Book 18, pp. 24 and 242: “Makea Daniela D.S.P.”; “Ua @ Ara Ua Te Pau”, with his children Te Pau, Tioni, Takau, Moeroa, Te Kura, Teremoana), p. 101 (Minute Book 5, p. 319), p. 125a (Minute Book 7, pp. 110 and 126), p. 326 (“Te Tiauni D.S.P. = Vakatini Jimmy Te Pou”), p. 382 (Minute Book 17, p. 183), p. 408 (Minute Book 18, p. 284), p. 435 (Minute Book 19, p. 358), p. 456 (Minute Book 20, p. 312), p. 465 (Minute Book 22, p. 172) and p. 509 (Minute Book 26, p. 15). Makea Nui Teremoana’s line: transcript of 7 October 1977 before Judge MacCauley (Archives 22a). The pages disagree over Ua’s mother (Akaiti, Teina, Te Ina or Te Iva) but agree that he was a child of Te Pau-o-te-Rangi and that Timi Te Pou died without issue. No page seen names Ina as a child of Te Po; the books end before his generation was recorded. Working paper (23 September 2026), section 4, “Makea Taniera Vakaatini D.S.P. and the Teremoana 1977 line”.; Rarotonga Minute Book 5, p. 240, Parakoti sworn, 29 April 1912; p. 248, Ioane Meau, 30 April 1912 (“Te Po = (1) Kurai... Manarangi; 1st wife = Te Pouoterangi = 2nd wife; Makea Taniera; Ua, Arona”); p. 257, Raea Rupe to the Court, 2 May 1912. Judge MacCauley’s page 96 is a true copy of p. 240. The same page records Te Pou o te rangi’s wish that Te Tia Nui (Pa Ariki) should be Vakaatini after him, and that Makea Taniera became Vakaatini instead. Second edition.