This Deed made the thirtieth day of November one thousand
eight hundred and seventy
1872. 30 November.Coromandel District. two Between Hera Puna and Ngakapa Whahaunga both of Mercury Bay in the
District of Coromandel, Queen's County Province of Auckland and Colony of New
Zealand Aboriginal Natives of New Zealand for themselves their and each of their
heirs and
Kaimarama.Timber Lease to Mercury Bay Saw-Mill Company. assigns (hereinafter called the Lessors of the one part and the Mercury
Bay Saw Mill Company Limited for themselves and their successors and assigns
(hereinafter called the Lessees) of the other part Whereas the Lessors are
inter alia the owners of the land here inafter described and
have agreed with the Lessees for the sale of the standing fallen and growing
timber and bush upon the said land for the price or sum of two hundred and fifty
pounds and to enable the said Lessees to get cut carry away and remove the same
or manufacture or otherwise use the said timber as they may deem advisable have
agreed to enter into these presents and grant the lease of their interests in
the said land there inafter contained. Now this Deed witnesseth that in
consideration of the rent herein after reserved and of the covenants conditions
and agreements herein contained and implied by the Conveyancing Ordinance of New
Zealand number Ten of session number two and on the part of the Lessees to be
paid observed and performed and also in consideration of the sum of Two hundred
and fifty pounds to the Lessors in hand paid by the Lessees (the receipt whereof
is hereby acknowledged) They the said Lessees do and
Receipt for £250. each of them doth hereby demise and lease unto the said Lessees their
successors and assigns all that the estate right title and interest of them the
said Lessors of in and to all that piece or parcel of land at Whitianga in the
District of Coromandel Province of Auckland aforesaid containing eight thousand
three hundred acres more or less and called or known by the name of Kaimarama,
Bounded towards the North by
Boundaries. lines Three hundred links, six hundred and forty three links and four
hundred and sixty
[8,300 acres.] links, by the Waiparapara Creek the Whangamaroro river, by a line two
thousand five hundred and twenty two links, by the Whangamaroro Block Nine
hundred and forty one links, a line one thousand one hundred and eighty eight
links again by the Whangamaroro river and by Te Ano Block, Two thousand two
hundred and ninety links towards the East by the Whitianga river, towards the
South East by lines one thousand one hundred and sixty three links, one thousand
and sixty two links, and one thousand one hundred and seventy three links, the
Oumiora number one block, one thousand three hundred and sixty two links, eight
hundred and sixteen links, one thousand one hundred and twelve links, one
thousand one hundred and sixty links, eight hundred and eighty two links, one
thousand seven hundred and sixty nine links, by a line crossing the Owhero
branch of the Whitianga river aforesaid Two thousand one hundred and ninety
links, again by the Oumiora number one block Nine hundred and forty links, six
hundred and thirty one links, and one thousand and seven links by the Oumiora
block Two thousand three hundred and thirty six links, Five hundred and fifty
three links, and Two hundred and fifteen links, again by the Oumiora No. one
block, Three hundred and eighty seven links, Six hundred and sixty five links,
Eight hundred and twenty six links, one thousand one hundred and forty four
links, Five hundred and seventy eight links, one thousand and sixty one links,
one thousand and seventy links, Five hundred and seventy nine links, Five
hundred and forty seven links, one hundred and ninety one links one links Two
hundred and eighty five links, one hundred and forty six links, one hundred and
seventy seven links Two hundred and ninety one links, One hundred and ninety
links, Two hundred and fifty six links, seven hundred and twenty five links Two
hundred and sixty one links Two hundred and seventeen links Two hundred and
thirty seven links Three hundred and fifty eight links, Three hundred and ninety
five links, Three hundred and eighty links, Two huudred and forty eight links,
Two hundred and eighteen links, one hundred and ninety eight links, Two hundred
and ten links One hundred and thirty three links, Two hundred and sixty eight
links, Three hundred and ninety links Four hundred and seventy links, seven
hundred and thirty one links, Three hundred and fifty five links, Two hundred
links, Four hundred and sixteen links, Three hundred and five links, Three
hundred and six links, Two hundred and thirteen links,
page 450Six hundred and thirty nine links, One hundred and
nineteen links, Two hundred and thirteen links, One hundred and ninety seven
links, One hundred and sixty five links, Two hundred and seventy links, Four
hundred and twenty links, Two hundred and thirty one links, Three hundred and
one links, Two hundred and eighty nine links, two hundred and ninety six links,
Four hundred and ninety three links, Three hundred and eighty eight links, One
hundred and ninety one links, Three hundred and forty five links, Three hundred
and two links, Three hundred and fifty seven links, Two hundred links, Four
hundred and fourteen links, Three hundred and twenty one links, One hundred and
six links, Two hundred and ten links, Two hundred and thirty nine links, Four
hundred and sixty four links, One hundred and fifty nine links, Two hundred and
twenty two links, One hundred and forty seven links, Three hundred and twenty
eight links, One hundred and ninety six links, Two hundred and thirty links,
Three hundred and forty two links, Two hundred and twenty six links, Three
hundred and twelve links, Three hundred and fifty two links, One hundred and
seventy five links, One hundred and ninety four links, Nine hundred and eighty
nine links, One hundred and seventy one links, Two hundred and fifty three
links, Two hundred and forty five links, Two hundred and twenty eight links, One
hundred and forty links, One hundred and forty links, One hundred and seventy
eight links, One hundred and forty three, Three hundred and seven links, One
hundred and ninety seven links, Two hundred and. eighty six links, One hundred
and twenty three links, Two hundred and ninety links, One hundred and forty five
links, Two hundred and forty eight links, Three hundred and thirty links, One
hundred and ninety eight links, One hundred and thirty nine links, One hundred
and eight links, Eighty two links, One hundred and fifty links, One hundred and
eighty four links, One hundred and twenty seven links, Three hundred links, Two
hundred and seventy five links, Three hundred and eight links, Four hundred and
eighty eight links, Two hundred and sixty one links, Three hundred and twenty
nine links, One hundred and fifty six links, Two hundred links, One hundred and
sixty six links, One hundred and forty two links, Two hundred and sixteen links,
One hundred and thirty four links, Four hundred and ninety seven links, One
hundred and seventy six links, Two hundred and twenty two links, One hundred and
sixty four links, One hundred and thirty two links, Two hundred and seventy one
links, Two hundred and sixty two links, Two hundred and twenty five links, Three
hundred and twenty two links, One hundred and ninety four links, Three hundred
and fifty five links, Four hundred and forty five links, One hundred and thirty
four links, Three hundred and seventy five links, Four hundred and twenty two
links, Two hundred and forty links, Three hundred and thirteen links, Two
hundred and twenty two links, Three hundred and six links, Five hundred and
fifty six links, Three hundred and thirty seven links, Three hundred and thirty
five links, Two hundred and sixty two links, One hundred and eighty links, Five
hundred and fifty two links, One hundred and forty links, One hundred and eighty
links, Two hundred and forty three links, One hundred and forty links, One
hundred and ninety links, Two hundred and thirty two links, Three hundred links,
Two hundred and (forty forty) nine links, One hundred and seventy five links,
Two hundred and fifty four links, One hundred and ninety eight links, One
hundred and fifty eight links, Three hundred and seventeen links, Two hundred
and one links, Two hundred and twenty five links, Three hundred and seventy nine
links, One hundred and eighty nine links, Two hundred and fifty links, Two
hundred and twelve links, One hundred and eighty six links, One hundred and
seventy seven links, One hundred and ninety nine links, Two hundred and seventy
two links, One hundred and twenty six links, Ninety four links, Two hundred and
twenty seven links, One hundred and eighty three links, Two hundred and eighty
six links, One hundred and sixty seven links, and one hundred and twenty six
links, by lines, Two hundred and fifteen links, Seven hundred and ninety five
links, Three hundred and seventy links, one hundred and seventy five links,
Three hundred and seventy eight links, Six hundred and thirteen links, Four
hundred and sixty eight links, One hundred and fifteen links, Eighty links,
Three hundred and seventy two links, One hundred and thirty three links, One
hundred and six links, One hundred and fourteen links, One hundred and sixty
links, Two hundred and seventeen links, Four hundred and seventy three links,
Two hundred and thirty six links, One hundred and twenty five links, Two hundred
and twenty five links, One hundred and thirty links, Two hundred and sixty five
links, Nine hundred and six links, and Four hundred and fourteen links, towards
the South and South West by lines Two hundred and thirty links, Three hundred
and fifty links, One hundred and eighty two links, Two thousand links, One
hundred and eighty three links, Four hundred and eighty six links, Two hundred
and forty nine links, Three hundred and fifty six links, Six hundred and five
links, One hundred and ninety four links, Three hundred and ninety links, Seven
hundred and ninety five links, Three hundred and ninety five links, Four hundred
and thirty nine links, Three hundred and five links, Three hundred and seventeen
links, Two hundred and eighty one links, Four hundred and one links, Two hundred
and thirty nine links, Six hundred and thirty seven links, Four hundred and ten
links, Two hundred and seventy four links, Three hundred and ninety links, Three
hundred and twenty six links, Two hundred and sixty six links, Three hundred and
fourteen links, Two hundred and forty four links, Eight hundred and seventy nine
links, Four hundred and ninety four links, Seven hundred and ninety seven links,
Two hundred and fifty seven links, Six hundred and eighty five links, One
thousand seven hundred and eighty six links, Five hundred and forty one links,
One hundred and forty nine links, Six hundred and twelve links, One hundred and
eighty five links, Four hundred and two
page 451links, Two hundred and fifty six links, Eight hundred
and eleven links, Two hundred and ninety links, Four hundred and forty five
links, One hundred and ninety links, Four hundred and forty five links, Two
hundred and fifty eight links, Two hundred and ninety one links, One hundred and
forty six links, Four hundred and twenty one links, Five hundred and fifty
links, One hundred and twenty five links, and three hundred and twenty links and
towards the North West by the Mahakirau Block One hundred and thirty nine links,
Four hundred and twenty seven links, Seven hundred and eight links, Eighty nine
links, Fifty two links, Seven hundred and ninety six links, Two hundred and
forty three links, Two hundred and seventy nine links, One hundred and sixty
eight links, Three hundred and thirty three links, Five hundred and sixty nine
links, Two hundred and twenty eight links, One hundred and fifty eight links,
One hundred and ninety six links, Two hundred and thirty three links, Three
hundred and ninety nine links, Three hundred and twenty four links, Two hundred
and forty nine links, Three hundred and thirty seven links, One hundred and four
links, Four hundred arid eighty four links, One hundred and eighty two links,
Three hundred and eighty nine links, Four hundred and ninety six links, Three
hundred and sixty nine links, Six hundred and thirty links, Two hundred and
twenty three links, Two hundred and eighty two links, Three hundred and sixty
eight links, One hundred and ninety one links, One hundred and seventy three
links, Three hundred and twenty links, Five hundred and thirty eight links,
Ninety two links, One hundred and two links, Two hundred and seven links, Five
hundred and fifty nine links, Two hundred and seventy three links, Five hundred
and twenty nine links, One hundred and seventy nine links, Two hundred and
ninety six links, Two hundred and eighty one links, Ninety four links, Six
hundred and twenty one links, One hundred and sixty two links, Seventy three
links, Three hundred and thirty links, One hundred and eighty eight links, One
hundred and fifty three links, Six hundred and thirty links, Two hundred and
forty seven links, One thousand five hundred and sixty seven links, Two hundred
and seventy two links, Two hundred and twenty links, Seven hundred and sixty
links, Five hundred and fifty four links, Four hundred and thirty three links,
Three hundred and twenty three links, Four hundred and seventy links, Four
hundred and fifty eight links, Two hundred and forty two links, Seven hundred
and sixty six links, One hundred and ninety four links, Four hundred and thirty
five links, Five hundred and ten links, Five hundred and eighty two links, Two
hundred and forty links, One hundred and thirty one links, Two hundred and
twenty links, One hundred and ninety three links, Two hundred links, Two hundred
and seventy five links, Four hundred and six links, One hundred and eighty seven
links Two hundred and fifty seven links, Two hundred and eighty links, One
hundred and twenty six links, One hundred and fifty two links, Four hundred and
fifty links, One hundred and forty seven links, Seven hundred and fifty three
links, Two hundred links, Two hundred and thirty six links, One hundred and
thirty eight links, One hundred and fifty seven links, One hundred and eighty
seven links, One hundred and seven links, Five hundred and thirty two links,
Three hundred and thirty six links, One hundred and fifty two links, Two hundred
and eighty six links, Eighty eight links, One hundred and ninety six links, Two
hundred and fifty eight links, Eight hundred and twenty links, One hundred and
ninety six links, Three hundred and seventy links, Four hundred and seventy
eight links, One hundred and eighty eight links, One hundred and ninety links,
Three hundred and sixty links, Two hundred and thirty nine links, One hundred
and fifty five links, Three hundred and sixty links, One hundred and sixty
links, and Two hundred and fifty three links, by lines Four hundred and twenty
two links, Three thousand one hundred and fourteen links, Two thousand one
hundred and ninety four links, One thousand eight hundred
Lease for 99 years. and fifty four links, Eight hundred and ninety eight links, Two hundred
and twenty two links, Seven hundred and forty links, Four hundred and seventy
four links, Eight hundred and ninety five links, Four thousand two hundred and
ninety eight links, and Nine hundred and fifteen links, by the Mahakirau Creek
by a stream and again by lines One hundred and ninety nine links Two hundred and
thirty six links, Three hundred and fourteen links, Four hundred and eight
links, Two hundred and twenty nine links, Two hundred and seventy links, Three
hundred and seventy four links, Two hundred and fifty one links, Seven hundred
and forty nine links, Two hundred and eight links, Two hundred and fourteen
links, Two hundred and three links, Three hundred and sixty nine links, Three
hundred and eighteen links, Three hundred and three links, Two hundred and forty
two links, Four hundred and thirty four links, Two hundred and thirty seven
links, Three hundred and eighty six links, Two hundred and thirty six links, and
One hundred and ninety three links, as delineated by the plan drawn hereon,
Together with the rights members and appurtenances thereunto belonging, To hold
the same unto the said Lessees their successors and assigns for the term of
Ninety nine years from the Tenth day of October one thousand eight hundred and
seventy, Yielding and paying yearly during the said term the annual rent or sum
of five shillings (if and when demanded) And the said Lessors do and each of
them doth hereby grant unto the said Lessees their successors and assigns the
exclusive right license liberty authority and power to cut down all kauri timber
trees upon the said land and also to cut down such other trees as shall be
necessary for clearing the said land or for erecting any machinery manufacturing
any implements or for constructing any buildings or works which they may require
for the purposes of their business and the same or any of them to remove consume
manufacture and make use of in such manner as they shall think fit and also to
make all or any paths roads and tramways that they may require and also to dig
saw pits erect saw mills and other buildings to make water
page 452courses and dams and to use exclusively all waters
watercourses rivers or streams on the said Iands and to erect Booms and dams
thereon. And do all such other acts matters and things as may be necessary for
the carrying on of their said business, Provided always and it is hereby agreed
and declared by and between the parties hereto that it shall and may be lawful
for the Lessors theirs heirs and assigns and all other persons by them lawfully
authorized in writing from time to time and at all times during the term here by
granted to enter upon the said land for the purpose of Gum digging and all other
purposes save and except the purpose for which the said Lessees require the said
lands and premises as hereinbefore specified Provided that such entry shall not
in any manner interfere with or injure the works of the said Lessees 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 or increase or
diminish the supply of water so required by them And it is hereby expressly
declared and agreed by and between the said parties hereto that the powers
covenants, and conditions on the part of the Lessees implied in Leases of land
under the Conveyancing Ordinance of New Zealand Number Ten of Session Number Two
save and except the covenant by the said Lessees to pay the said rent if
demanded shall not be implied, herein but the same shall be and are hereby
expressly negatived. In witness whereof the said Lessors have hereuuto
subscribed, their names and the said Mercury Bay Saw Mill Company Limited have
caused their common seal to be hereon impressed and two of the directors have
hereunto subscribed their names for and on behalf of the said Company.