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Maori Deeds of Land Purchases in the North Island of New Zealand: Volume One

[Deeds—No. 369.]

Deeds—No. 369.

Hihi And Piraunui Blocks, Hauraki District.

1872. 21December.Hauraki DistrictThis Deed made the twenty first day of December one thousand eight hundred and seventy two Between Te Karauna Hou, Taupo Waitai, Miriama, Pehi Pukukauri, Nikora Tuamata, Erueti Ngakoki, Tamati Kaiuta, Te Wharepuhi, Peneamena Tanui, Hihi And Piraunui. Hori Kerei Tuokioki and Nikorima Poutotara all of Hauraki in the Province of Auckland and Colony of New Zealand Aboriginal Natives (hereinafter called the said Vendors) of the one part and Here Majesty Queens Victoria of the other part Witnesseth that in consideration of the sum of Seven hundred pounds paid by Her said Majesty Queen Victoria to the said Vendors (the receipt whereof they the said Vendors do Receipt for £700. and Each and Every of them doth hereby acknowledge) They the said Vendors do and Each and Every of them doth hereby convey and assure unto Her said Majesty Queen Victoria her successors and assigns (save and except as hereinafter mentioned) All that piece or parcel of land containing by admeasurement Six thousand seven hundred [6,755 acres.] and fifty five acres more or less situate at or near in the District of Hauraki Queens County in the Province and Colony aforesaid and called or known as "Hihi and Piraunui" Block the several Boundaries of which said piece or parcel of land and the several measurements of the Boundary lines thereof particularly shewn and set out on the plan of the piece of land hereby conveved drawn hereon Together with all the rights easements members and appurtenances thereto belonging and all deeds thereto relating And all other rights which the said Vendors or any of them have or may have of in to or out of the said piece or parcel of land To Hold the same premises unto Her said Majesty Queen Victoria her successors and assigns for ever Subject nevertheless to the sale and grant of the timber Forest Bush and other Trees on the said land and the demise of the said and land made by certain Deed or grant and demised between the said. Vendors of the one part and Thomas Russell, William Chisholm Wilson and Captain James Stone (therein described) of the other part bearing date the Twentieth day of December One thousand eight hundred and seventy two In witness whereof the said parties have hereunto subscribed their names—

Karauna Hou.
Taupo Waitai x his mark.
Miriama Pehi Pukukauri her x.mark.
Nikora Tuamata x his mark.
Na ltamati Kaiuta.
Te Wharepuhi x his mark.
PeneameneTanui.
Hori Kerei Tuokioki x his mark.
Nikorima Poutotara.

page 488

Signed by the said Karauna Hou, Taupo Waitai, Miriama Pehi Pukukauri, Nikora Tua-mata, Erueti Ngakoki, Tamati Kaiuta, Te Wharepuhi, Peneamene Tanui and Hori Kerei Tuokioki in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
J. W. E. Guilding, Licensed Interpreter, Shortland.

Signed by the said Nikorima Poutotara in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Gerald O'Halloran, Land Agent, Shortland.

[Declaration of James Wathen Preece]

Declaration of Jas. Wathen Preece. I James Wathen Preece of Auckland in the province of Auckland colony of New Zealand a duly licensed Native Interpreter do hereby solemnly and sincerely declare—
1.That I was present together with John William Richard Guilding of Shortland in the said province and colony a duly licensed Native Interpreter a male adult and did see Te Karauna Hou, Erueti Ngakoki, Tamati Kaiuta and Peneamene Tanui mentioned and described in the within written deed duly sign and execute the same in my presence and in the presence of the said John William Richard Guilding.
2.That the signatures Te Karauna Hou, Erueti Ngakoki, Na Tamati Kaiuta and Peneamena Tanui to the said deed subscribed are of the respective proper handwriting of the said Te Karauna Hou, Erueti Ngakoki, Tamati Kaiuta and Peneamene Tanui.
3.That I was present with the said John William Richard Guilding and did see Taupo Waitai, Miriama Pehe Pukukauri, Nikora Tuamata, Te Wharepuhi, and Hori Kerei Tuokioki, in the within written deed mentioned and described duly sign and execute the same by adhibiting each his or her mark or cross thereto.
4.That the mark or cross x set opposite to each of the names Taupo Waitai, Miriama Pehi Pukukauri, Nikora Tuamata, Te Wharepuhi and Hori Kerei Tuokioki in the said deed mentioned were made by them in my presence and in the presence of the said John William Richard Guilding.
5.That the signatures J. W. R. Guilding and J. W. Preece as those of the attesting witnesses to the due execution of the said deed by the said parties are of the proper handwriting of the said John William Richard Guilding and of me this declarant.
6.That immediately before the execution of the said deed by the said parties thereto hereinbefore mentioned I did faithfully interpret the same to them and each of them into the Maori language, and that my translation thereof was correct and was understood by all of them. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of The Native Lands Act 1865, The Native Lands Act 1867, The Native Lands Act Amendment Act 1868, The Native Lands Act.1869, The Native Lands Act Amendment Act 1870, and The Justices of the Peace Act 1866.

J. W. Preece.

Made and declared at Shortland in the province of Auckland Colony of New Zealand the twenty fifth day of February one thousand eight hundred and seventy three Before me—

E. W. Puckey,

One of Her Majesty's Justices of the Peace in and for the Colony of New Zealand.

[Declaration of John William Richard Guilding]

Declaration of J. W. R. Guilding.I John William Richard Guilding of Shortland in the Province of Auckland Colony of New Zealand a duly licensed Native Interpreter do hereby solemnly and sincerely declare—
1.That I was present with Gerald O'Halloran of Shortland aforesaid, Land Agent, a male adult, and did see Nikorima Poutotara, mentioned and described in the within written Deed, duly sign and execute the same in my presence and in the presence of the said Gerald O'Halloran.
2.That the signature "Nikorima Poutotara" to the said Deed subscribed is of the proper handwriting of the said Nikorima Poutotara.
3.That the signatures J. W. R. Guilding and Gerald O'Halloran to the said Deed subscribed as those of the attesting witnesses to the due execution by the said Nikorima Poutotara are of the proper handwriting of the said Gerald O'Halloran and of me this declarant.
4.That immediately before the execution of the said Deed by the said Nikorima Poutotara I did faithfully interpret the same to him into the Maori language and that my translation thereof was correct and was understood by him. And I make this solemn declaration conscientiously believing the same to be true, and by virtue of The Native Lands Act 1865, The Native Lands Act 1867, The Native Lands Act Amendment Act 1868, The Native Lands Act 1869, The Native Lands Act Amendment Act 1870, and The Justices of the Peace Act 1866.

J. W. R. Guilding.

page 489

Made and declared at Shortland in the Province of Auckland Colony of New Zealand the twenty fifth day of February one thousand eight hundred and seventy three. Before me—

E. W. Puckey,

One of Her Majesty's Justices of the Peace in and for the Colony of New Zealand.
3992d.
Received for Registration at 2 p.m., 21st July, 1874.Registration.
(l.s.)

M. Hamilton,
Dep. Registrar.

A True Copy of Original Deed, Declarations, and Endorsement.

H. Hanson, Turton.

Wellington, January 6th, 1875.

(Deed Enclosiure in No. 369.)
Hihi and Piraunui Block (Timber Lease), Hauraki District.

1872. 20 December.Hauraki District.This Deed made the twentieth day of December One thousand eight hundred and seventy-two Between Te Karauna Hou Taupo Waitai Miriama Pehi Pukukauri Nikora Tuamata Erueti Ngakoki Tamati Kaiuta Te Whareputu Peneameni Tanui Hori Kerei Hihi And Piraunui. Tuokioki and Nikorima Poutotara all of Hauraki in the Province of Auckland and Colony of New Zealand aboriginal natives (hereinafter called the said Grantors) of the Timber Lease to Messrs. Russell, Wilson, and Stone. one part and Thomas Russell William Chisholm Wilson and Captain James Stone all of Auckland in the said Province and Colony Gentlemen (hereinafter called the said Grantees) of the other part Whereas the said Grantors being the owners of the land hereinafter described have sold to the said Grantees the whole of the Forest Timber and other Trees growing standing being or cut in upon and about the said land for the sum of Two hundred Pounds sterling and to enable the said Grantees to obtain and use the same they the said Grantors have agreed to execute the grant and demise hereinafter contained Now this. Deed Witnesseth that in consideration of the sum of Two hundred pounds sterling paid by the said Grantees to the said Grantors (the receipt whereof is hereby acknowledged) They the said Grantors do and each and Receipt for £200. every of them doth hereby give and grant unto the said Grantees their executors administrators and assigns as tenants in common All and singular the Kauri and other Timber trees Forest and bush standing growing being or cut in upon and about All that piece or parcel of land containing by admeasurement six thousand seven hundred and fifty five (6755) acres more or less situated in the District of Hauraki Queen's [6,755 acres.] County in the said Province and Colony and called or known as Hihi and Piraunui Block the several Boundaries of which said piece or parcel of land and the several measurements of the Boundary lines thereof are particularly shewn and set out on the plan of the said piece or parcel of land drawn hereon Together with all the rights easements and appurtenances thereto belonging and also together with the sole and exclusive right license liberty authority and power to cut down remove and carry away all such kauri timber and other trees Forest and Bush and to make all paths roads and tramways that they may require and to dig and make saw pits erect saw mills and other Buildings and to make watercourses and dams and to have and use exclusively all creeks rivers waters and watercourses or streams or any running through the said land and to erect booms and dams thereon and therein and to do all such other acts matters arid things in upon and about the said land as may be desirable or necessary for the obtaining using and removal of the said timber forest Bush and other Trees or any of them or any part or parts thereof To hold the said premises unto the said Grantees their executors administrators Leaso for 99 years. and assigns as tenants in common and not as joint tenants absolutely as their own property Arid this Deed further Witnesseth that for the consideration aforesaid and for the rent hereinafter reserved and only to give full effect to the sale license and grant hereinbefore contained They the said Grantors do and each and every of them doth hereby demise and Lease unto the said Grantees their executors administrators and assigns as tenants in common All that piece or parcel of land hereinbefore mentioned and described Together with all the rights and appurtenances thereto belonging To hold the same unto the said Grantees their executors administrators and assigns as tenants in common and not as joint tenants for and during and unto the full end and term of ninety nine years from the day of the date hereof fully to be complete and ended Yielding and paying thereof yearly during the said term the rent or sum of Five shillings if and when demanded And the said Grantors do and each and every of them doth hereby for himself herself and themselves his her and their executors administrators and assigns covenant to and with the said Grantees their executors administrators and assigns that notwithstanding any act or thing by them or any or either of them the said Grantors done or knowingly suffered to the contrary They the said Grantors now have good right and title to grant and demise the premises hereby granted and demised or expressed so to be in manner aforesaid And that free from all encumbrances And also that all and singular the premises hereby granted and demised or expressed or intended so to be shall at all times during the said term of Ninety Nine page 490years be peaceably and quietly enjoyed by the said Grantees their executors administrators and assigns without any let suit hinderance trouble eviction or disturbance whatsoever of from or by the said Grantors or any or either of them their or any or either of their successors executors administrators or assigns or any person or persons lawfully or equitably claiming from or under him her or them And also that the said Grantors and each and every of them their and each of their heirs successors executors administrators and assigns and all other persons lawfully or equitably claiming as a foresaid shall and will at all times during the said term of ninety nine years upon the request and at the cost of the said Grantees their executors administrators or assigns do and execute or cause to be done and executed all such acts deeds matters things and assurances for the further and more effectually assuring the premises hereby granted or expressed or intended so to be unto the said Grantees their executors administrators and assigns in manner aforesaid as shall or may be reasonably required And it is hereby declared and agreed that all the covenants by the Lessee implied in every Lease under and by virtue of the twentieth clause or section of the conveyancing ordinance of New Zealand Number ten of Session number two and the powers in the Lessor by virtue of the Twenty-first clause or section of the said conveyancing ordinance shall not be implied in this deed but the same covenants and powers and every of them shall be and the same are hereby expressly negatived In Witness Whereof the said Parties have hereunto subscribed their names and affixed their seals.

Karauna Hou. (L.S.)
Taupo Waitai x his mark. (L.S.)
Miriama Pehi Pukukauri x her mark. (L.S.)
Nikora Tuamata x his mark.(L.S.)
Eruetir Ngakoki. (L.S.)
Tamati Kaiuta. (L.S.)
Te Whareputu x his mark. (L.S.)
Peneamene Tanui. (L.S.)
Hori Kerei Tuokioki x his mark. (L.S.)
Nikorima Poutotara. (L.S.)

Signed sealed and delivered by the said Karatuna Hou Miriama Pehi Pukukauri Peneamene Tanui and Hori Kerei Tubkioki In the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Henry T Rowe, Licensed Surveyor, Shortland.

Signed sealed and delivered by the said Taupo Waitai Nikora Tuamata Erueti Ngakoki Tamati Kaiuta Nikorima Poutotara in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland. J. W. R. Guilding, Licensed Interpreter, Shortland.

Signed sealed and delivered by the said Te Whareputu in the presence of—

J. W. Preece Licensed Interpreter, Auckland.
J. W. R. Guilding, Licensed Interpreter, Shortland.

[Declaration of James Wathen Preece]

Declaration of Jas. Wathen Preece.I James Wathen Preece of Auckland in the Province of Auckland and Colony of New Zealand a duly Licensed Interpreters under the Native Lands Act 1865 The Native Lands Act 1867 The Native Lands Act Amendment Act l868 The Native Lands Act l869 and the Native Lands Act Amendment Act 1870 do solemnly and sincerely declare as follows:—
1.That I was present together with Henry Thornton Rowe of Shorthand in the province and colony Licensed Surveyor a male adult and did see Te Karauna Hou Miriama Pehi Puknkauri Peneamene Tanui and Hori Kerei Tuokioki all mentioned and described on the Within Written Deed duly sign and execute the said Deed.
2.That I was present together with John William Richard Guilding of Shortland a duly Licensed Native Interpreter and did see Taupo Waitai Nikora Tuamata Erueti Ngakoke Tamati Kaiuta Nikorima Poutotara and Te Whareputu all mentioned and described on the said within written Deed duly sign and execute the said deed.
3.That the Signatures Karauna Hou Erueti Ngakoki Tamati Kaiuta Peneamene Tainui and Nikorima a Poutotara respectively set and subscribed to the said within written deed are of the proper handwriting of the said Karauna Hou Erueti Ngakohi Tamati Kaiuta Peneamene Tanui and Nikorima Poutotara respectively
4.That the marks "x" "x" "x" "x" "x" respectively set and affixed to the said within written deed were made and affixed by the said Taupo Waitai Miriama Pehi Pukukauri Nikora Tuamata Te Whareputu and Hori Kerei Tuokioki respectively.
4.That the signatures J. W. Preece, Henry T. Rowe, J. W. Preece, J. W. R. Guilding, J. W. Preece, J. W. R. Guilding respectively set and subscribed to the said within written deed as the Witnesses attesting the due execution thereof are of the proper handwriting of the said Henry Thornton Rowe John William Richard Guilding and me this declarant respectively.
6.That immediately before the execution of the said within written deed by the said parties as aforesaid I did interpret the same into the Maori language and that my translation thereof was correct and was understood by the said parties.
page 491

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the above named Acts of the General Assembly of New Zealand and of a certain other Act of the said General Assembly of New Zealand intituled "The Justices of the Peace Act 1866."

J. W. Preece.

Made and declared at Shortland in the Province aforesaid this twenty-fifth day of February One the thousand eight hundred and seventy three Before me E. W. Puckey one of Her Majesty Justices of the Peace in and for the Colony of New Zealand. I hereby certify that the first annual payment of duty in respect of this land has been paid.

F. D. FentonChief Judge.

Trust Commissioner's certificate. I Theodore Minet Haultain the Trust Commissioner under "The Native Lands Frauds Prevention Act 1870" for the District of Auckland do hereby certify that I have with respect to the within written instrument and the alienation thereby Witnessed made the inquiries directed by the said Act and do certify that I am satisfied with the result of such inquiries. Dated this 27th day of July, 1874.

T. M Haultain, Trust Commissioner.
The Deeds Register Office, Auckland,

July 17th, 1875. Registrar's certificate. I hereby certify that the foregoing is a correct copy of the Grant and Demise Numbered 3929d the same having been examined with the Record copy thereof in Volume D.7 page 642.

M. Hamilton, Dep. Regr of Deeds. (Registrar Auckland.)

A True Transcript of certified Copy of Original Lease, Declarations, and Certificate.

H. Hanson Turton.

Wellington, November 22nd, 1875.