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

[Deeds—No. 380.]

Deeds—No. 380.

Omahu Block, Hauraki District.
New Zealand.

(C.)

Certificate of Title. Certificate, of Title,
Register Book, Vol. 8, Folio 149.

Pursuant to Memorandum of Transfer from Peata Pahau and others No. 340 Her Majesty Queen Victoria is now seized of an estate in fee simple, subject nevertheless to such encumbrances, liens and interests as are notified by Memorial under-written or indorsed hereon, in that piece of land situated in the District of Hauraki Queen's 1874. 27 July.Hauraki District. County in the Colony of New Zealand containing Seven thousand and fifty six acres more or less called or known as "Omahu" and numbered 2570 As the same is Omahu. delineated by the plan in the margin hereunder edged green and in the public map of [7,056 acres.] the said District deposited in the office of the Native Lands at Auckland originally granted the thirteenth day of September 1873 under the hand of Sir James Fergusson, Baronet, Governor of New Zealand to the said Peata Pahau and others In witness whereof I have hereunto signed my name and affixed my seal this twenty seventh day of July one thousand eight hundred and seventy four.

Geo. B. Davy,
District, Land Registrar of the District of Auckland.
(l.s.)

Signed in the presence, of—

T. S. Hall, the 27th day of July, 1874. x No. 60 by James Wathen Preece and others Produced and entered the thirty-first day of July 1874 at 3 p.m.

Geo. B. Davy,
District Land Registrar.

A True Copy of Original Certificate.

H. Hanson Turton.

Wellington, March 22nd, 1874.

(Deed Enclosure 1 in No. 380.)
Omahu Block, No. 2570 (Timber Lease), Hauraki District.

This Deed made the twenty third day of December one thousand eight hundred and 1872. 23 December.Hauraki District. seventy two Between Peata Pahau Ruta Pahau Timoti Piritaha Miriama Konehu Maraea Takitu Paraone te Parama Mata te Nga hue Tamati Paetae and Tamihana Omahu No. 2570. Tukere 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 Six hundred pounds sterling paid by Her said Majesty Queen Victoria to the said Vendors Receipt for £600. the receipt whereof is hereby acknowledged 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 in New Zealand aforesaid containing by admeasurement seven thousand and fifty six acres more or less being a block of land called or known as Omahu Block" situate near Hikutaia in the district of Hauraki Queen's County in the said Province and Colony and is Bounded towards the North by lines six hundred and twenty Boundaries. [7,056 acres.] links and one thousand four hundred and sixty six links, Two hundred and four links, seven hundred and ninety six links, Ten thousand six hundred and forty seven links and thirteen thousand eight hundred and sixty eight links eighteen thousand and sixty five links and fourteen thousand five hundred links towards the east by the Whitipiorua Block four thousand five hundred and twelve links and by the Whangamata Harbour towards the south by links nineteen thousand eight hundred and thirty links and thirty page 518nine thousand one hundred and seventy-five links and towards the west by the Tairua River As the same is delineated on the plan drawn hereon edged red Together with all the rights easements 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 into or out of the said piece or parcel of land To hold the same premises unto Her Subject to sale of timber to R. Seccombe and Son. 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 on 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 Carroll Seccombe of the other part bearing date the twenty-first 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.

Peata Pahau. x her mark.
Ruta Pahau x her mark.
Maraea Takitu.
Miriama Konehu x her mark.
Paraone te Parama x her mark.
Mata te Ngahue x her mark.
Tamati Paetae.
Tamihana Tukere.
Timoti Piritaha x his mark.

Signed by the said Peata Pahau Ruta Pahau Miriama Konehu Paraone te Parama Mata te Ngahue Tamati Paetae and Tamihana Tukere in the presence of us—

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

Signed by the said Timoti Piritaha in the presence of us—

W. R. Guilding, Licensed Interpreter, Auckland;
And.
Gerald O'Halloran, Land Agent, Shortland.

Signed by the said Maraea Takitu in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Alfred Preece, Settler, Coromandel.

[Declaration of John William Richard Guilding]

Declaration of J. W. R. Guilding. 1, John William Richard Guilding, of Shortland, in the Province of Auckland, Colony of New Zealand, a duly authorized Native Interpreter, do hereby solemnly and sincerely declare—
  • 1. That I was present together with James Wathen Preece, of Auckland, in the said province and colony, a duly licensed Native Interpreter, a male adult, and did see Paraone Te Parama, Tamati Paetae, and Tamihana Tukere, aboriginal Natives, mentioned and described in the within-written Deed, duly sign and execute the same in my presence and in the presence of the said James Wathen Preece.
  • 2. That the signatures Paraone Te Parama, Tamati Paetae, and Tamihana Tukere to the said Deed subscribed are of the proper handwriting of the persons immediately hereinbefore mentioned and enumerated.
  • 3. That I was present with the said James Wathen Preece, and did see Peata Pahau, Ruta Pahau, Miriama Konehu, Mata te Ngahue, also 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.
  • 4. That the marks or crosses set opposite to the names of the said Peata Pahau, Ruta Pahau, Miriama Konehu, and Mata Te Ngahue were made by them in my presence and in the presence of the said James Wathen Preece.
  • 5. That I was present with Gerald O'Halloran, of Shortland aforesaid, Land Agent, a male adult, and did see Timoti Piritaha, also in the within-written Deed mentioned and described, duly sign and execute the same by adhibiting his mark or cross x thereto.
  • 6. That the mark or cross x set opposite to the name of the said Timoti Piritaha in my, presence and in the presence of the said Gerald O'Halloran is of the proper handwriting of the said Timoti Piritaha.
  • 7. That the signatures J. W. R. Guilding, J. W. Preece, and Gerald O'Halloran subscribed to the said Deed are of the proper handwriting of the said James Wathen Preece, Gerald O'Halloran, and of me this declarant.
  • 8. That immediately before the execution of the said Deed by the said aboriginal Natives, parties to the said Deed, I did faithfully interpret the same to them and each of them into the Maori language, 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.

page 519

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. Pucker,

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

[Declaration of James Wathen Preece]

I, James Wathen Preece, of Auckland, in the Province of Auckland, in the Colony of Declaration of James Wathen Preece. New Zealand, a duly licensed Native Interpreter, do hereby solemnly and sincerely declare—
  • 1. That, I was, present with Alfred Preece, of Coromandel, in the said province and colony, settler, and did see Maraea Takitu, in the within Deed mentioned and described, duly sign and execute the same in my presence and in the presence of the said Alfred Preece, who is a male adult.
  • 2. That the signature "Maraea Takitu" to the said Deed subscribed is of the proper handwriting of the said Maraea Takitu.
  • 3. That the signatures J. W Preece and Alfred Preece subscribed to the said Deed, are of the proper handwriting of the said Alfred Preece and of me this declarant.
  • 4. That immediately before the execution of the said Deed by the said Maraea Takitu, I did faithfully interpret the same to her into the Maori language, and that my translation was correct, and was understood by her. And I make this solemu 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.

E. W. Puckey,

One of Her Majesty's Justices of the Peace for the Colony of New Zealand. Particulars entered in Register Book, Vol. 3, Fol 206, the 27th day of July, 1874,Registration. at 3 p.m.

Geo. B. Davy, D.L.R.

(l.s.)

A True Transcript of Certified Copy of Original Deed, Declaration, and Endorsement.

H. Hanson Turton.

Wellington, November 17th, 1875.

(Deed Enclosure 2 in No. 380)
Part of Omahu Block (Timber Lease), Hauraki Disrict.
A.

1872. 25 December.Hauraki District. This Deed made the twenty-fifth day of December one thousand eight hundred and seventy-two Between Peata Pahau Ruta Pahau Timoti Piritaha, Miriama Konehu, Omahu, Part of. Maraea Takitu Paraone te Parama, Mata te Ngahue Tamati te Paetae Tamihana Tukere Timber lease to Messrs. R. Seccombe and Son. all of Hauraki 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 at Auckland in the said Province and Colony Brewers (hereinafter called the said Grantees) of the other part Whereas the said Grantors being owners of the land hereinafter described have sold to the said Grantees the whole of the Forest trees Timber and other Trees growing standing being or cut in upon and about the said land for the sum of fifty 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 fifty pounds paid by the said Grantees to the said Grantors (the Receipt for £50. 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 Trees Forest and Bush standing growing being or cut in and upon and about All that piece or parcel of land in New Zealand aforesaid containing by admeasurement One thousand eight hundred and eighty acres more or less being part of a Block of land called or known as "Omahu" Block situate near Hikutaia in the district of Hauraki Queen's County in the said Province and Colony and is bounded towards the north by lines six Boundaries. [1,880 acres.] hundred and twenty links, One thousand four hundred and sixty six links Two hundred and four links seven hundred and ninety six links and ten thousand six hundred and forty seven links Towards the East by a line Twelve thousand two hundred links Towards the South by a line Sixteen thousand three hundred links and towards the West by the Tairua River 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 page 520assigns and their agent 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 buildings and to make water courses and dams and to have and use exclusively all creeks rivers waters and watercourses 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 and 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 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 of them doth hereby demise and lease unto the said Grantee his executors administrators and assigns All that piece or parcel of land hereinbefore mentioned and described and delineated on the plan drawn hereon edged red Together with all the rights and appurtenances thereto belonging 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 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 incumbrances And also that all and singular the premises hereby granted or demised or expressed or intended so to be 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 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 and 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 and 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 Seventh clause or section of the Conveyancing Ordinance of New Zealand number Ten of Session 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 Where of the said parties have hereunto subscribed their names and affixed their seals the day and year first herein written.

(Sd) Peata Pahau x her mark. (l.s.)
" Ruta Pahau x her mark. (l.s.)
" Miriama Konehu x her mark (l.s.).
" Paraone te Parama (l.s.)
" Mata te Ngahue x her mark (l.s.)
" Tamati Paetae. (l.s.)
" Tamihana Tukere. (l.s.)

Signed sealed, and delivered by the said Pahau, Ruta Pahau, Miriama Konehu, Paraone te Parama, Mata te Ngahue, Tamati Paetae, and Tamihana Tukere, in the presence of —

(Sd)J. W. R. Guilding, Licensed Interpreter, Shortland.
" Chas F. Rushbrook, Draftsman, Shortland.
Timoti Piritaha x his mark.(l.s.)

Signed, sealed, and delivered by the said Timoti Piritaha, in the presence of us—

J. W. R. Guilding, Licensed Interpreter, Shortland.
Gerald O'Halloran, Land Agent, Shortland.
Maraea Takitu.(l.s.)

Signed, sealed, and delivered by the said Maraea Takitu, in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
Alfred Preece, Settler, Coromandel.

A True Transcript of Certified Copy of Original Lease.

H. Hanson Turton.

Wellington, November 17th, 1875.
page 521

(Deed Enclosure 3 in No. 380.) Part of Wharekawa East No. 1 Block (Timber Lease), Hauraki District.
B.

1873. 17 December.Hauraki District.This Deed made the seventeenth day of December One thousand eight hundred and Wharekawa East. No. I., Part Of. seventy three Between Hohepa Paraone Tarawherawhera and Miriama Konehu of the district of Hauraki in the Province of Auckland in the Colony of New Zealand Aboriginal Natives of New Zealand aforesaid (hereinafter termed the Lessors) of the one Timber lease to Messrs. J. W. Preece and W.A. Graham. part and James Wathen Preece and William Australia Graham of the city of Auckland in the said Province and Colony Land Agents (hereinafter termed the Lessees) of the other part Witnesseth that in consideration of the sum of Seventy pounds sterling by the Lessees to the Lessors the receipt whereof is hereby acknowledged and of the rent hereinafter Receipt for £70. reserved They the Lessors do and each of them Doth hereby demise and grant unto the Lessees their executors administrators and assigns All that parcel of land in the Province of Auckland in the Colony of New Zealand containing by admeasurement Two thousand eight hundred and seventy three acres more or less situate in the District of Hauraki in the said Province of Auckland being part of a block of land known as Wharekawa East Number One Bounded on the North West by the Wharekawa East Boundaries. [2,873 acres.] Number 3 Block Four thousand seven hundred and twenty-eight links Four thousand four hundred and ten links and four thousand and sixty-five links on the North East by other part of the said Wharekawa East No. 1 Block Eight thousand seven hundred and ten links on the South East by the Omahu Block Thirteen thousand eight hundred and sixty-eight links and Ten thousand six hundred and forty seven links on the South West by the said Omahu Block Nine hundred and two links and ninety three links and on the West by the Tairua River As the same is delineated by the plan drawn in the margin hereof edged red Together with all the rights easements and appurtenances thereto belonging And all the Trees and Timber whether growing or standing or fallen now or at any time during the term hereby granted being upon the said land With full right license and liberty to the lessees their executors administrators and assigns their agents or workmen and all other persons authorised by them at all times during the said term to dig cut fell convert and carry away from the said land in such manner as they may think fit all such trees and timber And to make all manner of roads and ways and dig saw pits and erect mills and other buildings and make water courses and canals in and upon the.said land and make and construct booms dams and wharves upon or across any streams rivers or creeks in upon or through the said land and dam up or divert any such streams rivers or creeks and to raft float and drive upon down or along any such streams rivers or creeks any trees or timber and to deepen the beds of any such streams or creeks And to do all such other acts matters and things in about or upon the said land for cutting felling manufacturing consuming carrying away removing or otherwise making use of and converting to their own use and benefit the said Trees and timber To hold the premises hereby demised and granted unto the Lessees their executors administrators and assigns for the term of Forty five years from the day of the date hereof determinable Lease for 45 years. nevertheless as hereinafter provided Yielding and paying therefore during the said term the yearly rent of one shilling if demanded but not otherwise Provided always and it is hereby agreed and declared that if the Lessees their executors administrators or assigns or any one of the Lessors Ms heirs successors assigns or lease for them at or affixed to posted upon the said land one calendar month's previous notice in writing stating that such is the desire of the Lessees their executors administrators or assigns as the case may be then and in such case at the expiration of the said month the said term hereby granted shall absolutely determine And it is hereby further declared that the covenant by a Lessee declared to be implied in a Lease of land by the Conveyancing Ordinance number ten session two shall not be implied herein In witness whereof the parties have hereunto subscribed their names and affixed their seals the day and year first hereinbefore written.

(Sd.) Hohepa Paraone.(L.S.)
Miriama Konehu x her mark.(L.s.)

Signed sealed and delivered by the said Hohepa Paraone and Miriama Konehu the above Deed having first been interpreted to the said parties in the Maori language when they seemed to understand the purport of the same Deed in the presence of—

(Sd.) W. H. Grace, Licensed Interpreter,
Auckland Thos. Goodkin, Hotel-keeper, Shortland.

This is the Copy Deed marked B referred to in the annexed Caveat.

J. W. Preece.
William A. Graham.
J. Howard
J. W. Waller.

Caveat forbidding Registration of Dealing with Estate or Interest

Caveat, To the District Land Registrar of the District of Auckland, Take notice that we James 1874. 28 July Wathen Preece and William Australia Graham Estate Agents Joseph Howard Esquire and James Walter Waller Timber Merchant all of Auckland in the Province of Auckland and Colony of New Zealand claiming the several estates or interests created page 522respectively by the Deeds following that is to say a Deed registered in the Deeds Register Office at Auckland as No. 3763d a Deed dated the twenty-first day of December One thousand eight hundred and seventy-two and made between Paeta Pahau and others of the one part and Richard Seccombe and John Carroll Seccombe of the other part a copy of which is hereto annexed marked A a Deed dated the seventeenth day of December One thousand eight hundred and seventy-three and made between Hohepa Paraone Tarawherawhera and another of the one part and the said James Wathen Preece and William Australia Graham of the other part a copy of which is hereto annexed marked "B" by virtue of the said Deeds mentioned and certain Deeds registered as aforesaid as numbers 3651d and 3931d respectively in All that parcel of land containing Five thousand and eighty nine acres more or less situate at Wharekawa in the district of Coromandel called or known by the name of Wharekawa East Number three the whole of the land described in Volume nine Folio fifteen of the Register Book And in all that parcel of land containing One thousand eight hundred and eighty acres more or less situate at Whangamata in the District of Hauraki being portion of the parcel of land called or known by the name of Omahu and described in Volume three folio two hundred and six of the Register Book which portion is described in the copy Deed hereto annexed marked A and in all that parcel of land containing Two thousand eight hundred and seventy three acres more or less situate at Wharekawa aforesaid being portion of the parcel of land known as Wharekawa East number One and described in Volume three Folio two hundred and eighty four of the Register Book which portion is described in the copy Deed hereunto annexed marked B forbid the Registration of any Memorandum of Transfer or other instrument affecting the said lands until this caveat be by us and each of us withdrawn.

Dated this twenty-eighth day of July, One thousand eight hundred and seventy-four.

Witness—

Geo. H. Hosking,
Solr's Clerk,
Auckland.

J. W. Preece.
William A. Graham.
J. Howard.
J. W. Waller.

Endorsement. Caveat No. 60. Particulars entered in Register Book Vol. 3, fol. 206 and 284 and in Vol. 9 fol. 15 the 31st day of July 1874, at 3 p.m. o'clock.

Geo. B. Davy,
District Land Registrar of the
District of Auckland.

Correct for the purposes of the Land Transfer Act.

Jackson & Russell.

True Copy.

T. S. Hall,
Land Transfer
Dept.

A True Transcript of Certified Copy of Original Lease, Caveat, and Endorsement.

H. Hanson Turton.

Wellington, November 17th, 1875.