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

[Deeds—No. 370.]

Deeds—No. 370.

Whangamata, Part No 3 Block, Hauraki District.

1873. 11 January.Hauraki District.This Deed made the eleventh day of January one thousand eight hundred and seventy three Between Matiu Paraki te Pamahue, Haromi Tuhoi, Te Rakiraki, Heriwini te Rangai, Ngahuia Ngakaho, Rawiri te Whakaiti, Marara Hikori, Aperahama Pokai, Hori Rakena WhangamataNo. III., Part Of. Pokai, Ngatai, Mata Tahuna Matiu Poono, Paranihia Whakahau, Paetai Nohohu, Perenera te Wharaunga, Pare te Ngahue, Hemi Tahatika, Rini Wharetutahi, Hoani Pahau, Hakipene Hura, Hone te Huiraukura, Te Wano te Paura Riripeti Hura, Wiremu Tangatapu, Rotohiko, Hariata Rotohiko, Ngamanu, Peneamene Rewa, Hipirini Koraki, Taroa te Kotuhi, Wiremu Keepa Hoewai Maihi Tarahokopaipa Kawhena Pakau and Te Puhikehukehu all of the tribe Ngatipu residing in the District of Hauraki in the Province of Auckland and Colony of New Zealand (hereinafter called the said Vendors) of the one part and Her Majesty Queen Victoria of the other part Witnesseth that in consideration of the sum of Two thousands and sixty-five pounds paid by Her said Majesty Queen Victoria to the said Vendors (the receipt whereof is hereby acknowledged) They the Receipt for £2,065. said vendors do and each and every of them doth hereby convey and assure unto Her said Majesty Queen Victoria her successors and assigns All that piece or parcel of land containing by admeasurement eight thousand two hundred and ten acres more or [8,210 acres.] less situate in the District of Hauraki in the province and colony aforesaid and called or known as Whangamata number three the several boundaries of which said piece or parcel of land and the several measurements of the Boundary lines thereof are particularly shown and set out on the plan of the piece or parcel of land hereby conveyed drawn hereon Together with all 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 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 In witness Whereof the said parties have hereunto subscribed their names the day and year first hereinbefore written.

Matiu Paraki te Pamahue x his mark.
Te Rakiraki x her mark.
Herewini Terangai.
Ngahuia-Ngakaho.
Rawiri te Wakaiti.
Marara Hikori.
Aperahama Pokai.
Perenera te Wharaunga x his mark.
Hemi Tahatika.
page 492 Pare to Ngahue x her mark.
rini wha retu tahi.
matiu poono.
Paranihia Whakahau x her mark.
Hakipene Hura.
Hone te Huiraukura x his mark.
riripeti hura. ro to hi ko.
Ngamanu.
Peneamene Rewa x his mark.
hipirini Koraki.
Wiremu kepa hoewai.
maihi tara hokopaipa
Te Puhikehukehu x his mark.
Wiremu Tangatapu x his mark.
Paetai Nohohu x his mark.
Kawhena Pakau x his mark.
Haromi Tuhoi x her mark.
Hariata Rotohiko x her mark.
Hoani Pahau.
Te Wano Te Paura.
Taroa te Kotuhi x her mark.
Mata Tahuna x her mark.
Ngatai.
Hori Rakena Pokai.

Signed by the said Matiu Paraki Te Pamahue, Te Rakiraki, Herewini Te Rangai, Ngahuia Ngakaho, Rawiri Te Wakaiti, Marara Hikori, Aperahama Pokai, Perenera Te Wharaunga, Hemi Tahatika Pare Te Nga-hue Rini Waretutahi Matiu Poono Paranihia Whakahau Hakipene Hura Honi Te Huiraukura Riripeti Hura Rotohiko Ngamanu Peneamene Rewa Hipirini Koraki Wiremu Keepa Hoewai Maihi Tara Hokopaipa and Te Puhikehukehu (the words "save and except as hereinafter mentioned" in the eleventh line from the top hereof and the word "Queen" in the twelfth line from the top hereof and the word "county" in the thirteenth line from the top hereof having been first erased) in the presence of us—

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

Signed by the said Wiremu Tangatapo, Paetai Nohohu and Kawhena Pakau in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Samuel Brennan, Constable A. C. Force, Grahamstown.

Signed by the said Haromi Tuhoi in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Finlay McMillan, Storekeeper, Whangamata.

Signed by the said Hariata Rotohiko in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Samuel Brennan, Constable A.C. Force, Grahamstown.

Signed by the said Hoani Pahau in the presence of us—

J. W. R. Gruilding, Licensed Interpreter, Shortland.
James Mackay, Jr., Land Agent, Shortland.

Signed by the said Te Wano te Paura in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
H. D. Johnson, Licensed Interpreter, Ohinemuri.

Signed by the said Taroa Te kotuhi in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Saml. Brennan, Constable A.C. Force, Grahamstown.

Signed by the said Ngatai Hori Rakena Pokai and Mata Tahuna in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
William Agar, Mariner, Auckland.

[Declaration of James Wathen Preece]

Declaration of Jas. W. Preece.I James Wathen Preece 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 John William Richard Guilding of Shortland aforesaid Licensed Native Interpreter a male adult and did see Matiu Paraki te Pamahue Te Rakiraki Perenera Te Wharaunga Pare Te Ngahue Paranihia Whakahau, Hone Te Huiraukura Peneamene Rewa and Te Puhikehukehu aboriginal natives mentioned and described in the within written deed duly sign and execute the same by adhibiting their respective marks or crosses thereto they being illiterate persons and unable to write the same having been first read over translated and carefully explained to them by me.
2.That the marks or crosses set opposite to the names of the said aboriginal natives were made by them respectively in my presence and in the presence of the said John William Richard Guilding.page 493
3.That I was present with the said John William Richard Guilding and did see Herewini Te Rangai Ngahuia Ngakaho Rawiri Te Whakaiti Marara Hikori Aperahama Pokai Hemi Tahatika Rini Wharetutahi Matiu Poono Hakipene Hura Riripeti Hura Rotohiko Ngamanu Hipirini Koraki and Maihi Tarahokopaipa mentioned and described in the said deed duly sign and execute the same in my presence and in the presence of the said John William Richard Guilding.
4.That the signatures Herewini Te Rangai Ngahuia Ngakaho Rawiri Te Whakaiti Marara Hikori Aperahama Pokai Hemi Tahatika Rini Wharetutahi Matiu Poono Hakipene Hura Riripete Hura Rotohiko Ngamanu Hipirini koraki Wiremu Keepa Hoewai and Maihi Tarahokopaipa thereto subscribed are of the proper handwriting of the said persons or aboriginal natives immediately hereinbefore mentioned.
5.That I was present with William Agar of Auckland in the said province and colony Mariner a male adult and did see Ngatai and Hori Rakena Pokai and Mata Tahuna the said Ngatai and Hori Rakena Pokai by subscribing their names thereto and the said Mata Tahuna by adhibiting her mark thereto "x."
6.That the signatures "Ngatai" and "Hori Rakena Pokai" subscribed to the said deed are of the proper handwriting of the said Ngatai and Hori Rakena Pokai respectively and that the mark or cross "x" set opposite to the name of the said Mata Tahuna was made by her in my presence and in the presence of the said William Agar.
7.That immediately before the execution of the said deed by the said parties I did faithfully read over explain and interpret the same to them into the Maori language and that my translation was correct and was understood by them and each of them. And I make this solemn declaration conscientiously believing the same to be true and by virtue of certain Acts of the General Assembly of New Zealand intituled the Native Lands Act 1865 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 in the year one thousand eight hundred and seventy three Before me—

E. W. Puckey,

A Justice of the Peace in and for the Colony of New Zealand.

[Declaration of John William Richard Guilding]

I John William Richard Guilding of Shortland in the Province of Auckland colony Declaration of J. W. R. Guilding. of New Zealand an Interpreter duly authorized by law do solemnly and sincerely declare—
1.That I was present together with Samuel Brennan of Grahamstown in the said province and colony a constable in the Armed Constabulary force and a male adult and did see Wiremu Tangatapo Paetai Nohuhu Kawhena Pakau Hariata Rotohiko and Taroa Te kotuhi aboriginal Natives mentioned and described in the within written deed duly sign and execute the same by adhibiting their respective marks or crosses thereto the same having been first read over translated and carefully explained to them and each of them they being illiterate persons and unable to write.
2.That the marks or crosses set opposite to the said names of the said Aboriginal natives were made by the said Wiremu Tangatapo Paetai Nohuhu Kawhena Pakau Hariata Rotohiko and Taroa Te Kotuhi in my presence and in the presence of the said Samuel Brennan.
3.That I was present with Finlay McMillan of Whangamata in the said province and colony storekeeper a male adult and did see Haromi Tuhoi in the said deed mentioned duly execute the same by adhibiting her mark "x" thereto she being an illiterate person and unable to write the same having been first read over translated and carefully explained to her.
4.That the mark or cross. "x" set opposite to the name of the said Haromi Tuhoi was made by her in my presence and in the presence of the said Finlay McMillan.
5.That I was present with James Mackay the younger of Shortland aforesaid Land Agent a male adult and did see Hoani Pahau mentioned and described in the said deed in my presence and in the presence of James Mackay the Younger duly execute the said deed.
6.That the signature "Hoani Pahau" thereto subscribed is of the proper handwriting of the said Hoani Pahau.
7.That I was present with Henry Dunbar Johnson of Ohinemuri in the said province and colony Licensed Interpreter and did see Te Wano Te Paura mentioned and described in the said deed in my presence and in the presence of the said Henry Dunbar Johnson duly execute the said deed.
8.That the signature "Te Wano Te Paura" thereto subscribed is of the proper handwriting of the said To Wano Te Paura.
9.That immediately before the execution of the said deed by the said parties I did faithfully interpret the same to them into the Maori Language and that my translation was correct and was understood by them and each and every of them.
10.And I make this solemn declaration conscientiously believing the same to be true and by virtue of certain Acts of the General Assembly of New Zealand intituled the Native Lands Act 1865 The Native Lands Act Amendment Act 1870 and The Justices of the Peace Act, 1866.

J. W. R. Guilding.

page 494

Declared at Shortland in theProvince of Auckland colony of New Zealand the twenty fifth day of February in the year one thousand eight hundred and seventy three Before me—

E. W. Puckey,

Justice of the Peace in and for the Colony of New Zealand. Registration. 3990D. Received for Registration at 2 p.m. 21 July, 1874.

(l.s.)

M. Hamilton,
Dep. Registrar.

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

H. Hanson Turton.

Wellington, December 29th, 1874.

(Deed Enclosure in No. 370.)
Part of Whangamata No. 3 Block (Timber Lease), Hauraki District.

1873 11 JanuaryHauraki District.This Deed made the eleventh day of January one thousand eight hundred and seventy three Between Matai Paraki Te Pamahue Haromi Tuhoi Te Rakiraki Herewine Te WhancamataNo. III., Part Of. Timber Lease to Messers. Seccombe and Son. Rangai Ngahuia Ngakako Rawiri Te Whakaiti Marara Hikori Aperehama Pokai Hori Rakena Pokai and Ngatai All of Hauraki in the Province of Auckland Colony of New Zealand Aboriginal Natives hereinafter called the Rceipt for £50. said Grantors on behalf of themselves and the persons whose names are entered on the register in the Native Land Court under Section Seventeen of "The Native Lands Act," one thousand eight hundred and sixty seven as owners of the Block Whangamata Number Three who are all of the said district province and Colony of the one part and Richard Seccombe and John Carroll Seccombe both of Kyber Pass Auckland in the said Province and Colony Brewers hereinafter called the said Grantees of the other part Whereas the said Grantors being the owners of the land hereinafter described have agreed to sell and dispose of to the said Grantees the whole of the Forest timber and other trees growing standing being or cut in upon and about the land hereinafter described for the sum of Fifty pounds £50 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 for and in consideration of the sum of Fifty pounds paid by the said Grantees to the said Grantors the receipt whereof is hereby acknowledged They the said Grantors do and each and every of them Doth hereby give and grant unto the said Grantees their executors administrators and assigns All and singular The Kauri and other Timber forest and bush standing growing being or cut in upon or about All that piece or parcel of land situate in the District of Hauraki Province of Auckland Colony of New Zealand Boundaries. [944 acres.] forming and being part of Whangamata Number Three Bounded towards the North by Whangamata number three Six thousand one hundred links Towards the East by Whangamata number three Thirty thousand one hundred links Towards the South West by Hikutaia Number Three Sixteen thousand three hundred links and three thousand one hundred and fifty links and towards the West by Whangamata number three Nine thousand six hundred and fifty links to point of commencement as the same is delineated on the plan drawn hereon edged Red Together with all the rights easements and appurtenances thereto belonging Together also with the sole and exclusive right license liberty authority and power to the said grantees their executors administrators and assigns and their agents and servants to cut down remove and carry away all such Kauri Timber and other Trees forest and bush And to make all roads paths and tramways that they may require and to dig and make saw pits erect saw mills and other buildings and to make water courses and dams and to have and use exclusively all creeks rivers waters and water courses or streams on and running through the said land and to erect booms and dams thereon And to do all such other acts matters and 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 and assigns absolutely And this Deed Further Witnesseth that for the considerations aforesaid and of the rent hereinafter reserved And only to give 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 All that piece or parcel of land hereinbefore mentioned and described as delineated on the plan drawn hereon edged red To hold the same unto the said Grantees their executors administrators and assigns for during and until the full end and term of Lease for 21 years. Twenty-one years from the day of the date hereof fully to be complete and ended Yielding and paying therefor yearly and every year during the said term the rent or sum of One Shilling if and when demanded And the said Grantors Do and each and every of them Doth hereby for himself herself and themselves their and each of their heirs 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 page 495said Grantors now have good right and title to grant and demise the premises hereby granted and demised in manner aforesaid and that free from all incumbrances And also that all and singular the premises hereby granted and demised shall at all times during the said term of Twenty-one years be peaceably and quietly enjoyed by the said Grantees their executors administrators and assigns without any let suit hindrance trouble eviction or disturbance whatsoever of from or by the said grantors or any or either of them their or either of their heirs executors administrators or assigns or any person or persons lawfully or equitably claiming or to claim from or under him her or them And also that the said grantors and each and every of them their and each and every of their heirs successors executors administrators and assigns and all other persons lawfully or equitably claiming as aforesaid shall and will at all times during the said term of Twenty-one years upon the request and at the cost of the said Grantees their heirs executors administrators or assigns Do and execute or cause to be done and executed all such acts deeds matters and things and assurances for the further or more effectually assuring the premises hereby granted or intended so to be unto the said grantees their executors administrators and assigns 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 Lessors by virtue of the Twenty-first clause or section of the said Conveyancing Ordinance shall not be implied in this Deed but the same covenauts and powers and every of them shall be and the same are hereby expressly negatived. In Witness whereof the said parties have hereunto set their hands The day and year first above written.

Matiu Parake te Pamahue x his mark. (l.s.)

Te Rakiraki x her mark. (l.s.)

Rawiri Te Wakaiti. (l.s.)

Marara Hikori. (l.s.)

Aperahama Pokai. (l.s.)

Ngahuia Ngakako. (l.s.)

Herewini Te Rangai. (l.s.)

Signed by the said Natives Paraki te Pamahue, Te Rakiraki, Rawiri, te Wakaiti, Marara, Hikori, Aperahama Pokai Ngahuia Ngakaho and Herewini te Rangai in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
G. Simpson, Settler, Thames.

Haromi Tuhoi x her mark (l.s.)

Signed by the said Haromi Tuhoi in the presence of us—

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

Finlay McMillan, Storekeeper, Whangamata.

Ngatai ruinga. (l.s.)

Hori Rakena Pokai. (l.s.)

Signed by the said Ngatai and Hori Rakena Pokai in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Geo. Winter, Clerk, Auckland.

[Declaration of James Wathen Preece]

Declaration of J. W. Preece. I James Wathen Preece of Auckland in the Province of Auckland and Colony of New Zealand a duly Licensed Interpreter under the Native Lands Act 1867 do solemnly and sincerely declare as follows:—1. That I was present together with George Winter of Auckland in the Province aforesaid and clerk a male adult and did see Ngatai and Hori Rakena Pokai mentioned and described in the within deed duly sign and execute the said deed. 2. That the signatures "Ngatai Ruinga" and "Hori Rakena Pokai" set and subscribed to the said within written Deed are of the proper handwriting of the said Ngatai and Hori Rakena Pokai respectively. 3. That the signatures J. W. Preece and Geo. Winter set and subscribed to the within written deed as witnesses attesting the due execution thereof of, the proper handwriting of the said George Winter and me this declarant. 4. That immediately before the execution of the said deed by the said Ngatai and Hori Rakena Pokai I did interpret the same to them into the Maori language Fine paid, April 9/73, defaced stamp duty, 2/6. and that my translation was correct and was understood by them. And I make this solemn declaration conscientiously believing the same to be true and by virtue of an Act of the 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 The Twenty Fifth day of February One thousand eight hundred and seventy-three, Before me—

E. W. Puckey,

A Justice of the Peace for the Colony of New Zealand.
page 496

[Declaration of John William Richard Guilding]

I John William Richard Guilding of Shortland in the Province of Auckland and Colony of New Zealand a duly Licensed Native Interpreter do hereby solemnly and sincerely declare—1. That I was present with George Simpson of the Thames aforesaid Declaration of J. W. R. Guilding. Settler a male adult and did see Matiu Paraki Pamahue and Te Rakiraki aboriginal Natives mentioned and described in the within written deed duly sign and execute the 5594 stamp duty, 2/6; defaced April, 1873. same by adhibiting their respective marks or crosses thereto they being illiterate persons and unable to write the said deed having been first read over and translated and carefully explained to them. 2. That the marks or crosses set to the names of the said aboriginal Natives immediately hereinbefore mentioned were made by the said Matiu Paraki te Pamahue and Te Rakiraki in my presence and in the presence of the said George Simpson. 3. That I was present with the said George. Simpson and did see Rawiri te Wakaiti Marara Hikori Aperahama Pokai Ngahuia Ngakako and Herewini Te Rangai in the within mentioned Deed and described duly execute the same in my presence and in the presence of the said George Simpson. 4. That I was present with Finlay McMillan of Whangamata in the Province and. Colony aforesaid Storekeeper a male adult and did see Haromi Tuhoi mentioned and described in the within written duly sign and execute the same by adhibiting her Mark or Cross 'x' thereto she being an illiterate person. 5. That the signatures J. W. R. Guilding G. Simpson Finlay McMillan are of the proper handwriting of the George Simpson Finlay McMillan and of me this declarant. 6. That immediately before the. execution of the said Deed by the said parties I did faithfully interpret the same to them into the Maori language and that my translation was correct and was understood by them and each of them. And I make this solemn declaration conscientiously believing the same to be true and by virtue of certain Acts of the General Assembly of New Zealand intituled the Native Lands Act 1865, The Native Lands Act Amendment Act 1870, and the Justices of the Peace Act 1866.

J. W. R. Guilding.

Made and declared at Auckland in the Province of Auckland Colony of New Zealand the eighteenth day of March One thousand eight hundred and seventy three Before me—

William C. Daley,

One of Her Majesty's Justices of the Peace in and for the Colony of New Zealand.
Auckland, 11th June, 1875.
Registrar's certificate. I Hereby certify that the duty payable under the Native Lands Act on the Within Lease Amounts to Five Pounds and ten pence on rents and premiums in one payment And a further sum of Ten Shillings and eight pence annually for survey duty.

73/70

Geo. B. Davy,
Regr. of Deeds.

Receipt for duties, £5. 11. 6. Received the above named sum of Five Pounds and tenpence and 1st Annual payment of Ten Shillings and eight pence. 20th June 1873. Auckland.

Daniel Pollen,
Sub-Treasurer.

[Trust Commissioner's Certificate]

Trust Commissioner's certificate. I, Theodore Haultain, the 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 enquiries directed by the said Act, and do certify that 1 am satisfied with the result of such enquiries. Dated this 7th day of November, 1873.

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

27th July, 1875.Registrar's certificate. I hereby certify that the foregoing is a correct copy, except the linkages of the Timber Lease Numbered 3640D, the same having been examined with the Record Copy thereof in Volume D 7, page 453.

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

A true transcript of Certified Copy of Lease, Declarations, and Certificates.

H. Hanson Turton.

Wellington, November 5th, 1875.