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

Translation

Translation.

This Agreement written at Manaia in the District of Hauraki in the Province of 1868. 15 October.Coromandel District. Auckland in the Colony of New Zealand the fifteenth day of October in the Year of Our Lord One thousand eight hundred and sixty eight (1868) by the chiefs and people of Ngatimaru and Te Tawera of Manaia on the one part and Sir George Fergusson Bowen Governor of New Zealand on the other part Witnesseth the consent of all of Manaia. them that, is of the chiefs and all the people of Ngatimaru and Te Tawera of Manaia on behalf of themselves and their heirs to release (give over) to Sir George Fergusson Bowen Governor of New Zealand and the Governors who may succeed him a certain piece of land situated in the District of Hauraki for gold mining purposes for himself and assigns within the meaning of the statute intituled "The Gold Fields Act 1866." The boundaries of the said land commencing at the Northern boundary of the lands of Boundaries. Ngatitamatera at Te Ruahine thence proceeding along the line which has been laid down to Pongawhakairo thence to Puketotara, then proceeding along the ridge of the source of the Manaia stream thence continuing along the ridge to Pukewharariki thence to Tawhitirahi thence to Te Tautiti thence to Maungakawa thence coming out at the great road and going towards Manaia by that great road to the boundary of the piece of land reserved for Native occupation and cultivation thence along the (boundary) line of the said land which has been laid down to the Manaia stream and crossing the Manaia stream and proceeding by the said line to Te Tumutumu, thence continuing along the said line to the point of commencement at Te Ruahine as the same are defined in the map hereunto annexed. The following are the terms and conditions under which the Conditions of surrender. said piece of land is given over for Gold mining purposes viz.
1All lands within the said boundaries above described are open for gold mining to all persons.
2No person shall be allowed to mine for gold on the piece of land above described unless he be the holder of a Miners Right empowering him in that behalf, the payment for every such Miners Right shall be One pound (£1) per annum.
3Miners Rights will be issued by an officer of the Government. Any person being the holder of a Miners Right shall be entitled to mine for gold construct dams page 428and water races, fell timber for gold mining purposes and firewood, and do all other acts (or works) connected with (or appertaining to) gold mining operations on all the lands within the boundaries here above described excepting that the right to fell kauri timber Kauri trees to be bought, £1. 5 each. 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 by him. No person will be permitted to cut ordinary timber for firewood fencing or any other purpose for sale to any other person. Any person desiring to cut timber for those purposes must first obtain a Miners Right and a timber license empowering him in that behalf. The payment for Timber License, £5. every such timber license shall be Five Pounds per annum. The money derived from such timber licenses 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 in the first instance be paid to an officer of the Government and shall be paid 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 of the Miners Right fees hereinafter specified.
4In consideration of the chiefs and people of Ngatimaru and Te Tawera of Manaia and their heirs giving over all the said piece of land to Sir George Fergusson Bowen, Governor of New Zealand and the Governors who shall succeed him for gold mining purposes for themselves and their assigns Sir George Fergusson 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 Ngatimaru and Te Tawera of Manaia Miner's Right, £1. and their heirs One pound (£1) on each Miners Right which shall be issued to any person for gold mining or for cutting timber within the boundaries of the land above described during each year of the continuance of this agreement. The first year to commence from the first day of October 1868 last past. The days for the payment of the money shall be the 31st day of March, the 30th day June, the 30th day of September, and the 31st day of December in each year.
5That the land above described be divided into two pieces one piece to Ngatimaru and the other piece to Te Tawera; the divisional boundary of. the said pieces commences at Te Tumutumu thence to Rakauwhitia thence along the stream to Te Tau o Tikohunui thence to the Manaia Stream thence by that stream to a direct line with Puketotara thence to Puketotara, the Northern side shall be the Ngatimaru's and the Southern side shall be Te Tawera's. If any person shall mine for gold or cut timber on either of the said pieces the name of such piece shall be written in the Miners Right of such person with the date of his commencing the operation thereof If such person shall remove to the other piece or land belonging to another tribe before the expiration of the twelve months for which his Miner's Right shall have been issued, the said person shall return his Miner's Right to the officer whose duty it is to issue such, in order that the day and month of his removal to another piece or to the land of another tribe may be inserted therein. The moneys for such transferred Miner's Right shall be fairly apportioned (on the days for the payment of the money) according to the period for which such person shall have remained on either such piece or land belonging to another tribe. The money arising from Miner's Rights for the whole of the land shall be divided among the owners of each piece in proportion to the number of persons mining on the said pieces.
6The duration of this agreement shall be such term as Sir George Fergusson Bowen Governor of New Zealand and the Governors who shall succeed him shall require the above described piece of land for gold mining purposes Provided always that if Sir George Fergusson Bowen Governor of New Zealand and the Governors who shall succeed him shall desire to terminate gold mining on the said land, not less than six months notice of such intention shall first be given and when gold mining shall have ceased all the lands shall be surely yielded up (or returned) to the chiefs and people of Ngatimaru and Te Tawera of Manaia. In witness of the consent of the chiefs and all the people of Ngatimaru and Te Tawera of Manaia to all the conditions of this agreement they have hereunto signed their names and In Witness of the consent of Sir George Fergusson Bowen on his part to all the said terms and conditions the name of James Mackay Jr. Civil Commissioner is hereunto subscribed on the day and in the year first above written.

(Signed) Te Marau his mark.
(Signed) Wikiriwhi his x mark.
(Signed) Waka te Tuhi his x mark.
(Signed) Anaru Pahapaha.
(Signed) Paroto.
(Signed) Ruta Hutaupoki.
(Signed) Paurini Waitahi his x mark.
(Signed) Manuera Potae his x mark.
James Mackay, Jr.

Witness—
Henare Pango, Policeman, Hauraki.

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 29th, 1875.