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

[Deeds—No. 383.]

Deeds—No. 383.

(Certificate of Title.)
Waiwhakaurunga Block, Hauraki District.

1875. 7 May.Hauraki District.Pursuant to Memorandum of transfer from Matiaha Kahuma and others No. 411 Her Waiwhakaurunca. 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 underwritten or endorsed hereon in that piece of land situated in the District of Hauraki Queen's County [14,186 acres.] in the Colony of New Zealand containing fourteen thousand one hundred and eighty six acres more or less being called or known by the name of Waiwhakaurunga and numbered 2516, As the same is delineated by the plan drawn on the second half hereof edged green, Reserves excepted. Except the following pieces of land namely, the Panehenehe Reserve containing eighty one acres more or less, the Moturaupo Reserve containing Ten acres more or less and the Waiwawa Reserve containing ninety five acres more or less severally colored red on the said plan which said Block is delineated in the public map of the said District deposited in the office of the Native Lands at Auckland originally granted the seventeenth day of December 1873 under the hand of Sir James Fergusson Baronet Governor of New Zealand to the said Matiaha Kahumu and others, In witness whereof I have hereunto signed my name and affixed my seal this seventh day of May one thousand eight hundred and seventy five.

Theo Kissling, (l.s.)
District Land Registrar of the District of Auckland.

Signed in the presence of—

Thomas S. Hall,

the 7th day of May, 1875. ( No. 58, by Thomas Russell, Captain James Stone and William Chisholme Wilson, produced and entered the 29th July 1874 at 3 p.m. o'clock.

Kissling,
District Land Registrar.

page 527

(Deed Enclosure in No. 383.)
Waiwhakaurunga Block (Timber Lease), Hauraki District.

This Deed made the twenty third day of August one thousand eight hundred and seventy 1872. 23 August.Hauraki District. two Between Matiaha Kahuma, Heneri Whakarongohau, Repiu Tokata, Wata Tiaia, Raima te Hemoata, Te Hapimana Rupapa, of the Ngatipatu Hapu of Ngatimaru all of Waiwhakaurunca. Hauraki in the Province of Auckland and Colony of New Zealand aboriginal Natives Timber Lease to Messrs. Russell, Stone, and Wilson. hereinafter called "the said Grantors" of the one part and Thomas Russell Captain James Stone and William Chisholme Wilson all of Auckland in the said Province and Colony Gentlemen (hereinafter called the said Grantees) of the other part witnesseth that in consideration of the sum of Fifteen hundred pounds in hand well and truly paid by the said Grantees to the said Grantors (the receipt whereof they the said Grantors Receipt for £1,500. do and each and every of them doth hereby acknowledge) 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 as tenants in common, All and singular all the timber trees, timber, wood, firewood bush forest and all other similar property now growing standing fallen or being in upon or about, All that piece or parcel of land in the District of Hauraki Queen's County in the said Province and Colony and being a block of land containing by admeasurement Fourteen thousand one hundred and eighty six acres more or less and called or known by the name of "The Waiwhakaurunga Block" and is bounded, commencing at the junction of the Hipi Stream with the Waiwhakaurunga Boundaries. river, thence by the Hipi Stream to the junction of the Matata Kahia stream thence by [14,186 acres.] a line two thousand three hundred and ninety links to the brow of a ridge thence by lines on that ridge to Te Totara thence by lines along the Watershed range between the river Tirua and the river Waiwhakaurunga to Tauranikau thence by lines along the Watershed range between Mercury Bay and the river Waiwhakaurunga to the source of the river Waiwawa near Te Tipi thence by the river Waiwawa to the junction of the Otaitoko Stream thence by that stream to a point marked B thence by lines up a ridge to the Watershed range between the river Waiwhakaurunga and Te Puru stream, thence by lines along the Watershed range between the Waiwhakaurunga Te Puru and Tararu streams to Te Hue thence by lines along the Watershed range between the Mangarehu stream and the Waiwhakaurunga river to the Hotoritori stream, thence by that stream to its confluence with the river Waiwhakaurunga thence by the river Waiwhakaurunga to the point of commencement, as the same block of land is more particularly delineated on the plan annexed hereto marked A and colored yellow excepting and reserving however out of and from Reserve excluded. the boundaries hereinbefore set out, All that block of land known as "Opango block" Opango, 1,000 acres. containing by admeasurement one thousand acres more or less (the area of the said Opango block not being included in the area before set out of the Waiwhakaurunga block but is only included in the described boundaries of the same) and also all and singular the sole and exclusive right liberty and privilege of and to the use of all creeks streams rivers watercourses and the water therein and all other water running through or being in or upon or about the said Waiwhakaurunga Block or the boundaries thereof or any of them and also the beds of such creeks streams rivers water courses and water together with full sole and exclusive power and authority to make erect and construct all or any dams flumes races booms and other erections from time to time and at all times during the term hereby granted in upon across along or about the said creeks streams rivers watercourses and water or any of them or the beds or banks thereof in whatever manner and to whatever extent the said grantees, or any of them may think fit, and also the full and free sole and exclusive right and liberty to erect and make buildings and sawpits and all or any other erections of any kind or natures whatsoever in upon or about the said Waiwhakaurunga block And also to make and cut roads and tracks in through and over the said block And also the full and free right liberty and privileges of ingress egress and regress passage and way for them the said grantees and each of them their and each of their executors administrators and assigns and their and each and every of their agents servants and workmen and any other person or persons with their or any of their express or implied authority either on foot or on horseback or with carts sledges and carriages laden or unladen and with all or any other vehicles or vehicle whatsoever either laden or unladen and to drive cattle or other beasts into and upon in through over and along the said Waiwhakaurunga block before mentioned and any and every part thereof, and the said creeks, streams, rivers watercourses and the water therein and other water as aforesaid and any and every of them for the purpose of felling splitting sawing and cutting or otherwise dealing with the said timber trees timber wood firewood bush forest and other similar property before granted and removing the same and for all other purposes uses matters and things whatsoever, And this Deed further witnesseth that for the purpose of felling splitting sawing cutting manufacturing or otherwise dealing with the said timber trees timber wood firewood bush forests and other similar property before granted and removing the same and for all other purposes uses matters and things what page 528soever incidental thereto And also for the consideration aforesaid 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 the said Waiwhakaurunga block as the same is hereinbefore particularly mentioned and described and delineated on the said plan annexed hereto marked A and colored yellow excepting and reserving thereout the said "Opango block" To have and to hold the said block of land and premises hereby granted or expressed so to be together with their and every of their rights and appurtenances 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 Lease for 99 years. term of ninety nine years from the day of the date hereof and fully to be complete and ended yielding and paying therefore yearly and every year during the said term the rent or sum of one shilling if and when demanded, And it is hereby declared and agreed that it shall be lawful for the said Grantors and their heirs from time to time during the term hereby granted to enter upon and cultivate such portions of the said block as shall be arable and fit for cultivation and thereupon to reside and upon the said block to dig gum, and for such purposes to use such timber other than kauri from the said land as may be required for fencing or building on the same. Provided that such entry shall not in any manner interfere with or injure the work of the said Grantees their executors administrators and assigns either directly or indirectly or prevent or hinder them from constructing any further or other works or divert the course of any creek or stream for increase or diminish the supply of water therein, Provided also that the said Grantors or their heirs or any of them shall nor will light or make fires on any part of the demised land except upon such portion as may be in their immediate occupation and wholly enclosed by a fence, And the said Grantors do and each and every of them doth hereby for himself and themselves his and their heirs executors administrators and assigns covenant with the said Grantees their executors administrators and assigns that notwithstanding any act or thing by them of any or either of them the said Grantors done or knowingly suffered to the contrary, they the said Grantors now have good right to grant the premises hereby granted or expressed so to be in manner aforesaid, And also that all and singular the premises hereby granted or expressed so to be shall at all times during the said term of ninety nine years the peacefully and quietly held and enjoyed by the said Grantees their executors administrators and assigns without any lawful let suit hindrance trouble eviction or disturbance whatsoever of from or by the said Grantors or any of them their or any of their successors executors administrators or assigns or any person or persons lawfully or equitably claiming from or under him or them. And further that the said Grantors and each of them their and each of their heirs and successors and all other persons lawfully or equitably claiming as aforesaid 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 heirs successors 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 effectual assuring the premises hereby granted or expressed 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 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 that the powers in the lessor implied 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.

Matiaha Kahuma his x mark. (l.s.)
Henare Whakarongohau. (l.s.)
Repiu to Kata. (l.s.)
Wata Tiaia. (l.s.)
Raimate he moata. (l.s.)
Hapimana Rupapa. (l.s.)

Signed by the said Henare Whakarongahau, Repiu Tokata, Wata Tiaia Raima te Hemoata and Hapimana Rupapa in the presence of us—

J. W. Preece, Licensed Interpreter, Auckland.
James Mackay, Jr., Native Land Purchase Agent Auckland.
Henry T. Rowe, Licensed N. L. Surveyor, Auckland.

Signed by the said Matiaha Kahuma by affixing his mark in the presence of us—

W. H. Grace, Licensed Interpreter, Shortland.
J. W. R. Guilding, Land Agent, Shortland.

[Declaration of James Wathen Preece]

Declaration of J. W. Preece.I, James Wathen Preece, of the City of Auckland, in the Province of Auckland and Colony of New Zealand, a duly licensed Interpreter under "The Native Lands Act, 1865," "The Native Lands Act, 1867," "The Native Lands Act Amendment Act, 1868," "The Native Lands Act, 1869," and "The Native Lands Act Amendment Act, 1870," or some or one of them, do solemnly and sincerely declare—
1. That I was present together with James Mackay junior of Auckland aforesaid, Native Land Purchase Agent, a make adult, and Henry Thornton Rowe, of Shortland, in page 529the said Province and Colony, Surveyor, also a male adult, and did see Henare Whakarongahau, Repiu Tokato, Wata Tiaia, Raimate Hemoata, and Hapimana Rupapa, all mentioned and described in the within written deed, sign, seal, execute and deliver the said deed, and also sign the said plan annexed thereto and hereto and marked "A" being the plan of the Waiwhakaurunga Block mentioned and referred to in the said. within-written Deed.
2. That the signatures Henare Whakarongahau, Repiu to Kata, Wata Tiaia, Raimate Hemoata and Hapimana Rupapa, set and subscribed to the said within-written deed and plan annexed thereto and hereto, are of the proper handwriting of the said Henare Whakaronghau, Repiu to Kata, Wata Tiaia, Raimate Hemoata, and Hapimana Rupapa respectively, and that the seals set opposite to the said signatures in the said within-written Deed were affixed thereto by them, respectively.
3. That the signatures James Mackay, Jr., Henry T. Rowe, and T. W. Preece, set and subscribed to the said within-written deed and plan annexed thereto and hereto as the witnesses attesting the due execution thereof respectively, are of the respective proper handwriting of the said James Mackay, junior, Henry Thornton Rowe, and me this declarant respectively.
4. That immediately before the execution of the said Deed and plan by the said parties as aforesaid I did interpret the same to them into the Maori language, and explained to them in the Maori language that the plan annexed thereto and hereto was the plan mentioned and referred to in the said Deed, and my translation and explanation thereof was correct and understood by the said parties to signing, sealing, executing, and delivering as aforesaid.

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

J. W. Preece.

Made and declared at Shortland in the Province aforesaid, this seventh day of September, one thousand eight hundred and seventy-two. Before me—

Albert J. Allom, J. P.,

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

[Declaration of William Henry Grace]

I, William Henry Grace, of Shortland, in the District of Hauraki, in the Province Declaration of Wm. Henry Grace. of Auckland and Colony of New Zealand, a duly licensed Interpreter under "The Native Lands Act, 1865," "The Native Lands Act, 1867," "The Native Lands Act Amendment Act, 1868," "The Native Lands Act, 1869," and "The Native Lands Act Amendment Act, 1870," or some or one of them, do solemnly and sincerely declare—
1. That I was present together with John William Richard Guilding, of Shortland aforesaid, Land Agent, a male adult, and did see Matiaha Kahama, mentioned and described in the within-written Deed, sign, seal, execute, and deliver the said Deed, and also sign the plan annexed thereto and hereto marked "A," being the plan of the Waiwhakaurunga Block mentioned and referred to in the said within-written Deed.
2. That the mark x thereto set and affixed to the said within-written Deed and plan annexed thereto and hereto is of the proper handwriting of the said Matiaha Kahuma, that the seal set opposite the said mark in the said within-written Deed was affixed thereto by the said Matiaha Kahuma.
3. That the signatures W. H. Grace and J. W. R. Guilding set and subscribed to the said within-written Deed and plan annexed thereto and hereto as the witnesses attesting the due execution thereof are of the proper handwriting of the said John William Richard Guilding, and me this declarant respectively.
4. That immediately before the execution of the said Deed and plan by the said Matiaha Kahuma, as aforesaid, I did interpret the same to him into the Maori language, and explained to him in the Maori language that the plan annexed thereto and hereto was the plan mentioned and referred to in the said Deed, and that my translation and explanation thereof was correct and understood by the said Matiaha Kahuma.

And I make this solemn declaration conscientiously believing the same, and by virtue of the above-mentioned Act of the General Assembly of New Zealand, and of a certain other Act of the General Assembly of New Zealand intituled "The Justices of the Peace Act, 1866."

W. H. Grace.

Made and declared at Shortland, in the Province aforesaid, this seventh day of September, one thousand eight hundred and seventy-two. Before me—

Albert J. Allom,

One of Her Majesty's Justices of the Peace in and for the Colony of New Zealand.
page 530

[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 Trust Commissioner's certificate. have, with respect to this instrument and the alienation thereby witnessed, made the enquiries directed by the said Act, and do certify that I am satisfied with the result of such enquiries.

T. M. Haultain,
Trust Commissioner.

Dated this 24th day of July, 1874.

A True Copy of Original Certificate of Title, Copy of Deed, Declarations, and Commissioner's Certificate.

H. Hanson Turton.

Wellington, October 26th, 1875.