[Memorandum of Agreement]
Memorandum of Agreement made this twelfth day of November One thousand eight
1868. 12 November.
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
said 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.
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
William A. Graham, Licensed Interpreter.
A True Copy of Original Deed and Memorandum of Agreement.
Wellington, August 6th, 1875.
H. Hanson Turton.