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

[Memorandum of Agreement]

[Memorandum of Agreement]

Memorandum of Agreement made this twelfth day of November One thousand eight 1868. 12 November. Tauranga. hundred and sixty eight, Between Te Kuka te Mea and Te Puru, both of Tauranga in the Province of Auckland in the Colony of New Zealand Aboriginal Natives of the one part and James Bannatyne Graham of Auckland in the said Province, Surveyor of the other part. The said Te Kuka te Mea and Te Puru do and each of them doth Ta Patae. hereby agree to sell and the said James Bannatyne Graham agrees to purchase at the rate of two shillings per acre and subject to the condition hereinafter contained. All that piece or parcel of land known as Ta Patae in the District of Tauranga aforesaid being Bounded commencing at the junction of the Kumikumi rivulet with the Boundaries. Wairoa River thence towards the by the Wairoa river to the Mangatarata stream at its junction with the Wairoa river thence towards the by a line crossing Wai Haupapa stream to Tirakarakatahi thence to Te Mapou crossing Mangakaiwhiria stream thence to Te Pakuru thence to Hohirio thence to Okura Parakore crossing the Ngaumuwhaine stream thence to Te Whanautangao Kiharoa thence to the source of the Ngamuwahine stream thence to Ngamangatotara thence to the base of the Kaikai Karoro hill Whence to Te Waerenga a te Whawhai crossing the Manga-kai-whiria stream thence to Te Whakamarake thence to extreme boundary of Te Matai crossing the Mangatarata stream and thence to the starting point at Te Kumi Kumi. The purchase money to be paid as follows, one instalment of Ninety pounds on the day of the date hereof, the receipt of which Receipt for £90, first instalment. sum is hereby acknowledged by the said Te Kuka te Mea and Te Puru, a second instalment of One hundred pounds to be paid so soon as the survey of the page 678said land is completed and the remainder and balance of such purchase money on the issue of a Crown Grant of the said land and on receipt of a good and valid conveyance in law of the said land with the appurtenances free from incumbrances to the said James Bannatyne Graham his heirs and assigns or to such other person or persons as he may direct by the said Te Kuka te Mea and Te Puru, and the said Te Kuka te Mea and Te Puru do and each of them doth hereby covenant promise and agree to and with the said James Bannatyne Graham his heirs and assigns that they will on being requested by the said James Bannatyne Graham without delay point out the boundaries of the said block and do all in their power to facilitate the surveying of the said block and at the like request and at the proper time and place attend and do all in their power to get the said land passed through the Native Lands Court and get a certificate issued by the Judge of such Court certifying that the said Te Kuka te Mea and Te Puru are the owners and proprietors of the said block. And the said Te Kuka te Mea and Te Puru do hereby covenant promise and agree with and to the said James Bannatyne Graham his heirs and assigns that they and each of them or their executors or representatives shall and will at the request of the said James Bannatyne Graham execute to him his heirs and assigns a good and valid conveyance in the law of the said land with all the rights and appurtenances free from incumbrances the said block to be surveyed by and at the expense of the said James Bannatyne Graham. In Witness whereof the said parties have hereunto subscribed their names.

Te Kuka te mea.
Te Puru.
James Foley.

Signed by the said Te Kuka te Mea and Te Puru the same having been first read over interpreted and explained to them by and in the presence of (the names James Bannatyne having been written over an erasure throughput the Deed)—

Enoka.
William A. Graham, Licensed Interpreter.

Witness—

James Foley.

A True Copy of Original Deed and Memorandum of Agreement.

Wellington, August 6th, 1875.

H. Hanson Turton.