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

[Deeds—No. 372.]

Deeds—No. 372.

Whangamata No. 1 Block, Hauraki District.

page 505
1873. 13 January.Hauraki District.This Deed made the thirteenth day of January one thousand eight hundred and seventy three Between Hori Ngakapa Whanaunga, Tukaramaene, Reihana Poto, Hone Mahia, Whangamata No. 1. Hera Tiki, Miriama Pehi Pukukauri, weka Toheriri, Karukino te Taniwha, Hone Ropiha and Kahukore te Taniwha 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 Her Majesty Queen Victoria of the other part Witnesseth that in consideration of the sum of one thousand two hundred pounds sterling paid by Her said Majesty Queen Victoria to the said Vendors Receipt for £1,200. (the receipt whereof they the said Vendors do 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 Eight thousand two hundred and eighty acres more or less situate in the District of Hauraki in the Province and Colony aforesaid and called or known as Whangamata number One 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 of land hereby conveyed 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 Bush Forest and other trees in upon and about a portion of the said land and the demise of the said portion of the said land made by a certain deed of Grant and demise between the said Vendors therein called the said Grantors of the one part and Richard Seccombe and John Carrol Seccombe of Kyber Pass Brewers of the other part bearing date the twenty eighth day of December one thousand eight hundred and seventy two. In Witness whereof the said parties have hereunto subscribed their names the day and year first herein written.

Miriama Pehi Pukukauri x her mark.
Maraea Tiki x her mark.
Hone ropiha.
matenga ngaupara.
Kahukore te Tariewha x her mark.
hori ngakapa whanaunga.
Hone Mahia.
rei ha na po to.
Tu Karamaene.
Weka Toheriri.
Ka ru kino te taniwha.
Hera Tiki x her mark.

Signed by the said Miriama Pehi Pukukauri, Maraea Tiki and Hone Ropiha, in the presence of—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Dudley R. Eyre, Licensed Surveyor, Shortland.

Signed by the said Kahukore te Tanewha, Hori Ngakapa Whanaunga and Hone Mahia, in the presence of us—

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

Signed by the said Reihana Poto, Tukaramaene and Weka Toheriri, in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
J. E. Dodd, Solr., Shortland.

Signed by the said Karukino te Taniwha, in the presence of us—

J. W. Preece, Licensed Interpreter Auckland.
W. H Grace, Licensed Interpreter, Shortland.

Signed by the said Hera Tiki, in the presence of us—

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

Crown Grant to issued to Hone Mahia for 200 acres. It is hereby agreed that the Governor of New Zealand shall cause to be issued to Hone Mahia a Crown Grant for a portion of this block (as pointed out by him on the ground), not exceeding Two, hundred (200) acres of the land conveyed to the Queen by the within-written deed.

James Mackat, Jr.,

Agent for Land Purchases, "Immigration and Public Works Act."

13th January, 1873.

Witness to the signature of James Mackay, Jr.—

Gerald O'Halloran, Clerk, Shortland.

page 506 It is hereby agreed that the-Grovernor of New Zealand shall caus to be issued to Hori Ngakapa Whanaunga a Crown Grant for One hundred (100) acres (as pointed out by him on the ground) of the land conveyed to the Queen by the within written deed.Crown Grant to be issued to Hori Ngakapa for 100 acres.

James Mackay, Jr.,

Agent for Land Purchases, "Immigration and Public Works Act." 13th January, 1873.

Witness to the signature of James Mackay, Jr.—

Gerald O' Halloran, Clerk, Shortland.

[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 Interpreter, do hereby solemnly and sincerly declare—
1. That I was present, together with John Elliers Dodd, of Shortland aforesaid, solicitor, a male adult, and did see Tu Karamaene, Reihana Poto and Weka Toheriri, 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 Elliers Dodd.
2. That the signatures "Tu Karamaene, "Reihana Poto, and Weka Toheriri to the said deed subscribed are of the respective proper handwriting of the said Tu Karamaene, Reihana Poto, and Weka Toheriri.
3. That I was present with Dudley Robert Eyre, of Shortland aforesaid, Surveyor, and did see Hone Ropiha in the within-written deed mentioned duly sign and execute the same in my presence and in the presence of the said Dudley Eyre.
4. That the signature "Hone Ropiha" to the said deed subscribed is of the proper handwriting of the said Hone Ropiha.
5. That I was present with the said Dudley Robert Eyre, and did see Miriama Pehi Pukukauri, mentioned and described in the within-written deed, duly execute and sign the same by adhibiting her mark or cross thereto, she being an illiterate person.
6. That the mark or cross "x," set opposite to the name of the said Miriama Pehi Pukukauri on the said deed, was made by her in my presence, and in the presence of the said Dudley Eyre.
7. That the signatures J. W. R. Guilding, J. E. Dodd, and Dudley Robert Eyre, to the said deed subscribed as those of the attesting witnesses to the due execution thereof by the said persons hereinbefore mentioned, parties to the said deed, are of the respective proper handwriting of the said John Elliers Dodd, Dudley Robert Eyre, and of me this declarant.
8. That immediately before the execution of the said deed by the said parties I did Interpret the same to them and each of them, and that my translation 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. R. Guilding.

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 seventythree, Before me—

E. W. Puckey,
One of Her Majesty's Justices of the Peace for the Colony of New Zealand.

[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 Hori Ngakapa Whanaunga aud Hone Mahia, in the within deed mentioned and described, duly sign and execute the same in my presence, and in the presence of the said John William Richard Guilding.
2.That the signatures "Hori Ngakapa Whanaunga" and Hone Mahia to the said deed subscribed are of the respective proper handwriting of the said Hori Ngakapa Whanaunga and Hone Mahia.
3. That I was present with William Henry Grace, of Shortland, aforesaid, a duly licensed Native Interpreter, a male adult, and saw KarukinoTe Taniwha, mentioned and described in the within-written Deed, duly sign and execute the same in my presence, and in the presence of the said William Henry Grace.
4. That the signature "Karukino Te Taniwha," subscribed to the said deed, is of the proper handwriting of the said Karukino Te Taniwha.
5. That I was present with the said John William Richard Guilding, and did see Kahukore Te Taniwha, mentioned and described in the said deed, duly sign and execute the same, by adhibiting her mark or cross thereto in my presence and in the presence of the said John William Richard Guildirig, she being an illiterate person.
6. That the mark or cross "x" immediately below the name of the said Kahukore Te Taniwha, was made by her in my presence, and in the presence of the said John William Richard Guilding.page 507
7. That I was present, together with George Winter, of Auckland aforesaid, clerk, a male adult, and did see Hera Tiki, mentioned and described in the within-written deed, duly sign and execute the same, by adhibiting her mark or cross thereto, she being an illiterate person and unable to write.
8. That the mark or cross "x," set opposite to the name, of the said Hera Tiki on the said deed, was made by her in my presence, and in the presence of the said Greorge Winter.
9. That the signatures "J. W. R. Guilding," "W. H. Grace," "Geo. Winter," and "J. W. Preece," to the said deed subscribed as those of the attesting Witnesses to the execution of the same by the said parties, are of the respective proper names and handwriting of the said John William Richard Guilding, William Henry Grace, George Winter, and of me, this declarant.
10. That immediately before the execution of the deed before mentioned to the said parties, I did interpret the same to them and each of them, and that my translation was correct and by them understood. 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 said province and colony, 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.
3988d.
Received for Registration at 2 p.m. 21 July, 1874.Registration
(l.s.)

M. Hamilton,
Deputy Registrar.

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

H. Hanson Turton.

Wellington, December 24th, 1874.

Deed Enclosure in No. 372.
Whangamata No. 1 Block (Timber Lease), Hauraki District.

1872. 28 December.Hauraki District. This Deed made the Twenty-eighth day of December one thousand eight hundred and seventy-two Between Hori Ngakapa Whanaunga Tukaramaene Reihana Poto Hone Whancamata No. 1.Timber lease to Seccombe and Son. Mahia Hera Tiki Miriama Pehi Pukukauri Weka Toheriri Karu Kino Te Taniwha Hone Ropiha and Kahukore Te Taniwha all of Coromandel in the Province of Auckland and Colony of New Zealand Aboriginal Natives (hereinafter called the said Grantors) of the one part and Richard Seccombe and John Carroll Seccombe both of Kyber Pass near Auckland in the Province and Colony aforesaid Brewers (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 upon and about the said land for the sum of seventy-five pounds 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 seventy five Pounds paid by the said Grantees to the said Grantors (the receipt whereof is hereby acknowledged) They the said Grantors do and each Receipt for £75. 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 Trees Forest and Bush standing growing being or cut in upon and about All that piece or parcel of land in New Zealand aforesaid containing by admeasurement Two thousand six hundred and sixty two acres more or less being part of a Block of land called or known as Whangamata number One block situate at Whangamata in the District of Hauraki in the said Province and Colony and is Bounded toward the Boundaries. [2,662 acres.] North East by a line ten thousand one hundred links towards the South East by a line twenty-six thousand four hundred links to Maungaroa towards the South West by lines three hundred and forty five links and eight thousand seven hundred links and towards the North West by lines two thousand one hundred and seventy two links two thousand four hundred and thirty four links four hundred and fifty two links three hundred and seventy two links one thousand one hundred and eighty links twenty one thousand five hundred links to the 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 and also together 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 paths roads and tramways that they may require and to dig and make saw pits erect saw mills and other page 508Buildings 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 therein 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 and this deed further Witnesseth that for the consideration aforesaid and of the rent hereinafter reserved and only to give full effect to the sale license and grant hereinafter 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 hereinafter mentioned and described and delineated on the plan drawn hereon edged red Together with all the rights and appurtenances thereto belonging To hold same unto the said Grantees their executors administrators and assigns for and during and until the full end Lease for 21 years. and terms of twenty one years from the day of the date hereof fully to be completed and ended Yielding and paying therefor 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 twenty one years 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 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 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 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 section 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 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 the day and year first herein written.

Miriama Pehi Pukukauri her x mark. (l.s.)
Hone Ropiha. (l.s.)
Hori Ngakapa Whanaunga. (l.s.)
Kuhukore Te Taniwha x her mark.(l.s.)
Hone Mahia. (l.s.)

Signed sealed and delivered by the said Miriama Pehi Pukukauri, Hone Ropiha, Hori Ngakapa Whanaunga Kahukore te Taniwha, Hone Mahia in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Gerald O'Halloran, Shortland.
Reihana Poto. (l.s.)
Tu Karamaene. (l.s.)
Weka Toheriri. (l.s.)

Signed sealed and delivered by the said Reihana Poto, Tu Karamaene, and Weka Toheriri in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
J. E. Dodd, Solicitor, Shortland.
Karukino Te Taniwha.(l.s.)

Signed sealed and delivered by the said Karukino Taniwha in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Gerald O'Halloran, Agent, Shortland.
Hera Tiki x her mark. (l.s.)

page 509

Signed by the said Hera Tiki in the presence of us—

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

[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 Interpreter under "The Native Lands Act, 1865," "Native Lands Act 1867," "Native Lands Act Amendment Act, 1868," "The Native Lands Act, 1869," and "The Native Lands Act Amendment Act, 1870," do solemnly and sincerely declare as follows:—
1. That I was present together with Gerald O'Halloran, of Shortland, Agent, and did see Karukino Te Taniwha, mentioned and described in the within-writen Deed, duly sign and execute the said Deed.
2. That I was present together with George Winter, of Auckland, Clerk, and did see Hera Tiki, mentioned and described in the within-written deed, duly sign and execute the said Deed.
3. That the signature Karukino te Taniwha set and subscribed in the said Deed is of the proper handwriting of the said Karukino te Taniwha.
4. That the mark "x" set and affixed opposite the name of Hera Tiki was affixed by the said Hera Tiki in the presence of the said Geo. Winter and me this declarant.
5. That J. W. Preece, Gerald O'Halloran, and Geo. Winter, set and subscribed as those of the witnesses attesting the due execution of the said Deed, are of the proper handwriting of the said Geo. Winter, Gerald O'Halloran, and me this declarant respectively.

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 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, this Twenty-fifth day of February 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]

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, together with Gerald O'Halloran, of Shortland aforesaid, agent, a male adults and did see Miriama Pehi Pukukauri and Kahukore te Taniwha, 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 said Deed having been first read over and translated and carefully explained to them
2.That the marks or crosses set opposite to the names of the said aboriginal Natives immediately hereinbefore mentioned were made by the said Miriama Pehi Pukukauri and Kahukore te Taniwha in my presence and in the presence of the said Gerald O'Halloran.
3.That I was present with the said Gerald O'Halloran; did see Hone Ropiha Hori Ngakapa Whanaunga and Hori Mahia, in the within Deed mentioned and described, duly execute the same in my presence and in the presence of the said Gerald O'Halioran.
4.That I was present with John Elliers Dodd, of Shortland aforesaid, Solicitor, a male adult, and did see Reihana Poto Tu Karamaene and Weka Toheriri, in the within Deed mentioned and described, duly execute the same in my presence and in the presence of the said John Elliers Dodd.
5.That the signatures J. W. E. Guilding, Gerald O'Halloran, J. E. Dodd, are of the proper handwriting of the said Gerald O'Halloran, John Elliers Dodd, 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 Zealancl 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, in the year one thousand eight hundred and seventy-three. Before me—

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

page 510Registrar's certificate. Auckland, 11th June, 1873.—I hereby certify that the Duty payable under the Native Lands Act on the within lease amounts to Seven Pounds fourteen shillings and threepence on Rent and Premium in one payment, and a further sum of One Pound and three shillings "annually" for survey duty. 73/69.

Geo. B. Davy,
Regr. of Deeds.

Sub-Treasurer's receipt for £8 . 17 . 3. Received the above-named sum of seven pounds fourteen shillings and threepence, and 1st annual payment of one pound three shillings.

Daniel Pollen,
Sub-Treasurer. Auckland,

20th June, 73. 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 7th day of November, 1873.

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

27th July, 1875. I hereby certify that the foregoing is a correct copy (with the exception of the linkages) of the Lease (Timber) numbered 3641d, the same having been examined with the Record Copy thereof in Volume D7, page 458.

(l.s.) M. Hamtlton,
Dep. Registrar of Deeds.

A True Transcript of Certified Copy of Lease, Declarations, and Certificates.

H. Hanson Turton. Wellington, November 3rd, 1875.