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

Translation

page 425

Translation.

This Agreement made at Harataunga in the district of Hauraki in the Province of 1868. 13 May.Coromandel District. Auckland in the Colony of New Zealand this thirteenth day of May in the year of Our Lord one thousand eight hundred and sixty eight by the Chiefs and Harataunca Or Kennedy's Bay. People of Ngatiporou on the one part and Sir George Ferguson Bowen Governor of New Zealand on the other part. Witnesseth the consent of all of them that is of the Chiefs and People of Ngatiporou of Harataunga on behalf of themselves and their heirs to release Gold Mining Agreement. (give over) to Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him a certain piece of land in the District of Hauraki for gold mining purposes for himself and his assigns within the meaning of the statute intituled "The Gold Fields Act 1866." The boundaries of the said land commencing at the Boundaries. mouth of the River Harataunga thence by the sea coast to Te Harakeke turning thence inland to Hapapawera thence to Te Tapuae thence to Kaipaua thence to Tokatea thence to Te Ranga thence to Pukewharariki turning thence towards the sea to Taraingapouto thence to Piripirikahu turning thence along the boundary of the land reserved for Native occupation and cultivation to the Waimoho stream turning thence by the Waimoho stream to its junction with the Harataunga River, turning thence along the course of the River Harataunga to the point of commencement at its mouth as the same are defined in the sketch map hereunto annexed. The terms and conditions under Terms of surrender. which the said piece of land is given over for gold mining purposes, are viz.—
1All lands included within the boundaries above described are open for gold mining to all persons excepting the pieces of land leased to James Smart and Alexander Hogg but the said pieces of land which are leased to the said persons are subject to certain provisions of the statute intituled "The Gold Fields Act, 1866."
2No person will be allowed to mine for gold on the piece of land above described unless he be the holder of a Miner's Right empowering him in that behalf. The payment for every such Miner's Right shall be One pound (£1) per annum. Miner's Right, £1.
3Miners Rights shall be issued by an officer of the Government Any person being the holder of a Miner's Right shall be entitled to mine for gold construct dams and water-races to cut timber for firewood or for gold mining purposes and do all other acts (or works) connected with (or appertaining to) gold mining operations on places open (not reserved) within the boundaries of the land hereinbefore described, excepting that the right to fell kauri timber is reserved, any person desiring to cut any kauri timber must pay the sum of one pound five shillings (£1 - 5 - 0) for each tree required Kauri trees to be bought, £1. 5 each. by him. No person will be allowed to cut ordinary timber for firewood or fencing or for any other purpose for sale to any other person. Any person desiring to do so must first obtain a Miner's Right and a Timber License empowering him in that behalf, the payment for every such Timber License shall be Five Pounds (£5 - 0 - 0) per annum. Timber License, £5. The money derived from such Timber License and from the sale of such kauri timber shall belong to the Native owners of the land on which the timber is situate. This money shall be paid to an officer of the Government in the first instance and shall be paid (or handed over) by him to the Natives to whom the land belongs. The days for the payment of the said money shall be the same as the days for the payment (or divisions) of the money for the Miners Rights hereinafter specified.
4In consideration of the Chiefs and People of Ngatiporou of Harataunga and their heirs giving over all the said piece of land to Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him for gold mining purposes for themselves and their assigns, Sir George Ferguson Bowen Governor of New Zealand on behalf of himself and the Governors who shall succeed him hereby consents to pay to the said Chiefs and People of Ngatiporou of Harataunga and their heirs one pound (£1) for each Miner's Right which shall be issued to any person for gold mining or for cutting timber within the boundaries of the said land during each year of the continuance of this agreement, the first year to commence from the thirteenth day of May instant (1868). The days for the payment of the money shall be the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December in each year.
5If any person being the holder of a Miner's Right for the Gold Fields at Harataunga shall remove to another place before the expiration of the year specified in his Miner's Right there shall be paid to the said Chiefs and People of Ngatiporou such portion of the money of such Miner's Right as shall be equivalent to the period for which such person shall have remained on the said land.
6The duration of this agreement shall be for such term as Sir George Ferguson Bowen and the Governors who shall succeed him shall require the above described piece of land for gold mining purposes. Provided that if at any time Sir George Ferguson Bowen Governor of New Zealand and the Governors who shall succeed him shall desire to terminate gold mining on the said land or on a portion thereof a previous notice of not less than six months shall be given.

In Witness of the consent of the Chiefs and People of Ngatiporou of Harataunga to all the terms and conditions of this agreement they have hereunto signed their names and in Witness of the consent of Sir George Ferguson Bowen on his part to all the said conditions the name of James Mackay Junr is hereunto subscribed on the day and in the year first above cited.

Signed Ropata Ngatai.
Signed Tapiata Kiwi.
Signed Paratene Pahau his x mark.
Signed Hirini Kouta.
Signed Matiu Paeroa.
Signed Haratiera Humare.
Signed Hakopa Ihaka.
James Mackay, Junr.

page 426

Witnesses to the signatures of Ropata
Ngatai, Tapiata Kiwi, Paratene
Pahau, Hmni Kouta, Matiu Paeroa,
Haratiera Humare, Hakopa Ihaka,
and James Mackay, Junr.—

(Signed) John Gynneth, Gold Fields Surveyor, Kennedy's Bay.
W. Charles Spencer, Interpreter, Civil Commissioners Office, Auckland.

1251D.

Registration. Received for Registration at 11.25 a.m., 5 May, 1870.

(l.s.)

M. Hamilton,
Dep. Registrar.

A True Copy of Original Agreement, Translation, and Endorsement.

H. Hanson Turton.

Wellington, July 30th, 1874.