(Deed Enclosure in No. 348.)
Taranoho Block, Mercury Bay
(Timber Lease), Coromandel District.
1870. 11 October.Coromandel District.This Deed
made the Eleventh day of October One Thousand eight
hundred and seventy. Between Henare Whakarongohau of Mercury Bay in Queen's
County Province of Auckland and colony of New Zealand aboriginal native
hereinafter called the lessor Taranoho.
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 Timber Lease to the Mercury Bay SawMill Company.
part. Whereas the lessor is the owner of the land hereinafter described
and has agreed with the lessees for the sale of the standing fallen and grown
timber and bush upon the said land for the price or sum of two hundred and
eighty 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 has agreed to enter into these presents and grant the lease
hereinafter contained. Now this deed witnesseth that in consideration of the
rent hereinafter 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 eighty pounds
to the said Receipt for £280.
lessor-by the said lessees in hand well and truly paid (the receipt
hereof is hereby acknowledged). He the said lessor doth hereby demise and lease
unto the lessees their successors and assigns. All that piece or parcel of land
in the county and province aforesaid containing by admeasurement three thousand
seven hundred and ninety six Boundaries. [3,796 acres.]
acres more or less and being known by the name of Taranoho. Bounded
towards the northwest the Onuora No. 2 Block towards the North East by a line
three thousand nine hundred and eighty three links towards the South East by
lines three thousand eight hundred and sixty eight. One thousand five hundred
links one thousand six hundred and forty three links one thousand and twenty
four links three hundred and ninety three links seven hundred and six links four
hundred and ninety eight links four hundred and seventy one links one thousand
and thirteen links and by the Waewawa Block to a point called Tokatea and
towards the South West by a line running from Tokatea to a point called Rapaki
being the commencing point two hundred and forty chains and thirteen links. As
the same is delineated by the plan drawn hereon Lease for 99 years.
bordered red with all the rights 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 day of the date hereof. Yielding and paying
thereof during the said term the yearly rent of Five Shillings if and when
demanded And the said Lessor 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 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 or 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 to dig saw-pits erect saw-mills and other buildings to make
watercourses and dams and to use exclusively all water and water courses rivers
or streams on the said lands and to erect booms 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 lessor his heirs and
assigns and all other persons by him lawfully authorized in writing from time to
time and at all times during the term hereby demised to enter upon the said
lands 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 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 the course of any creek or stream or increase or diminish the supply
of water so required by them and it is hereby 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 rent if demanded shall not be implied herein but the
same shall be and are hereby expressly negatived In Witness whereof the said
Henare Whakarongohau has hereunto subscribed his name and the said Mercury Bay
Saw Mill Company have caused
the seal of the said Company to be hereunto affixed and and Two of the directors
of the said Company have hereunto subscribed their names for and on behalf
Signed by the said Henare Whakarongohau
the same having been first
interpreted and explained to him in
J. W. Preece, Licensed Native Interpreter, Auckland.
Graham, Settler, Auckland.
Signed by and two of the Directors of the
said Mercury Bay Saw Mill Company and the Common Seal of the said Company
impressed in the presence of I James Wathen Preece, of AucklandDeclaration of J. Wathen Precce.
in the Province of Auckland, Licensed Native Interpreter do solemnly and
sincerely declare. 1. That I did faithfully interpret in the Native Language the
before written deed to Henare Whakarongohau before the execution of the said
Deed by him. 2. My interpretation of the said deed was correct and was
understood by the said Henare Whakarongohau. 3. The said Deed was executed by
the said Henare Whakarongahau on the day of the date thereof in the presence of
James Bannatyne Graham of Auckland aforesaid settler a male adult. 4. The name
"J. W, Preece" set and subscribed at the foot of the said Deed as that of one of
the witnesses attesting the execution thereof is of my proper handwriting. 5.
The name "Jas. B. Graham" also set and subscribed at the foot of the said Deed
as that of one of the witnesses attesting the execution thereof is of the proper
handwriting of the said James Bannatyne Graham and the said James Bannatyne
Graham is a male adult. 6. That I hold a Certificate authorizing me to act as an
interpreter under the Native Lands Act, 1865, and the Native Lands Act 1867,
which certificate is in fall force and effect And I make this solemn declaration
conscientiously believing the same to be true and by virtue of an Act of the
General Assembly of New Zealand entitled the Justices of the Peace Act, 1866.
J. W. Preece.
Made and declared at
Auckland in the province of Auckland aforesaid, this twenty-fifth day of
November one thousand eight hundred and seventy. Before me James Baber one of Her Majesty's Justices of the Peace for the colony
of New Zealand Auckland 16th March, 1871. I hereby certify that the Annual
Duties payable under the Native Lands Act onRegistrar's certificate.
the within Lease amount to four pounds six shillings and four pence per
annum. No. 71/72. Geo. B. Davy, Regst. of Deeds. Received the above named sum of
four pounds six shillings and four pence beingReceipt for £4. 6. 4, first year's duty on Lease.
first annual payment.
24 March, 1871
The Deeds Registry Office,
23rd July, 1875. I hereby certify that the
foregoing is a correct copy except the linkages of the Registrar's Certificate.
Timber Lease Numbered 1839d the same having been examined with the Record
copy thereof in Volume D.2. Page 380.
M. J. Hamilton,
Dep. Regr. of Deeds.
True Transcript of Certified Copy of Lease, Declaration, Registrar's
Certificate, and Endorsement.
H. Hanson Turton.
October 28th, 1875.