1873. 27 December.Coromandel District. This Deed made the twenty seventh day of December one thousand eight
hundred and seventy-three, between Repiu Tokata, Reupena Tahura, Wiremu te Auia
and Ereatara Tinirau all of Mercury Bay District of Coromandel, Queen's
Rangihau NO. 2286. County Province of Auckland Colony of
Timber Lease to the Mercury Bay Saw-Mill Company. New Zealand aboriginal natives of New Zealand for themselves their and
each of their heirs and assigns (hereinafter called the Lessors) of the one part
and the Mercury Bay Saw Mill Company (Limited) for themselves their successors
and assigns (hereinafter called the Lessees) of the other part whereas the
Lessors are the owners of the land hereinafter 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 four hundred pounds and to enable the
Lessees to get cut and carry away and remove the same or manufacture or
otherwise the said timber as they may deem advisable have 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 bepaid observed and performed and also in
consideration of the sum of Four hundred pounds to the Lessors paid by the said
Receipt for £400. Lessees (the receipt whereof is hereby acknowledged) they the said
Lessors do and each of them doth hereby demise and lease unto the said Lessees
their successors and assigns all that piece or parcel of land in Whitianga in
the District of Coromandel in the said Province of Auckland and called by the
name of "Rangihau No. 2286" and containing by admeasurement nine thousand one
hundred and eighty two acres more or less
Boundaries. [9,182 acres.] Bounded towards the North by the Waiwawa block ten thousand and eighty
seven links then towards the West by other part of the said Waiwawa block Five
thousand two hundred links, Four thousand one hundred and ninety nine links, one
thousand three hundred and seventy links, two thousand and fifty three links,
and three hundred and eighteen links, on and towards the East by the Rangihau
Creek then on the north by a line eight hundred and twenty seven links, again on
and towards the East by lines eleven hundred links, two thousand one hundred and
five links, twelve hundred and thirty links, eleven hundred and thirty seven
links, six hundred and eighty four links, two hundred and fifty three links, and
three hundred and thirty seven links, then towards the North by a line four
hundred and seven links, then on the East by a line one hundred and seventy
eight links, then on the North by lines fourteen hundred and eighty five links,
and six hundred and nineteen links, then on the South-east by a line two hundred
and thirty nine links, and by a line eleven hundred and seventeen links, then by
a stream on the West and North east, then towards the South-east by lines Five
hundred and twenty links, and one hundred and seventy two links, again on the
North by a line three hundred and eighty nine links, again towards the East by
lines nine hundred and fifty links, seven hundred and twenty links, one thousand
and fifty two links, six hundred and eighty four links, four hundred and sixty
links, and two hundred and eighty one links, then towards the North by lines
seventeen hundred and thirty nine links, and six thousand two hundred and ninety
links, to the top of a hill called Tanehua then by a line on the East to the top
of a hill called Rurupuka eleven thousand nine hundred and seventy five links,
then on and towards the South by lines one hundred and eighty eight links, two
thousand eight hundred and twenty links, and one hundred and fifty five links,
then on the West by a line five hundred and six links, again on the South by a
line two thousand three hundred and twenty five links, then on the South-west by
lines eight hundred and four links, and two thousand four hundred and sixty
eight links, then on the South by a line five hundred and sixty six links, then
towards the North-west by lines three hundred and seventy-five links, and three
hundred and thirty four links, then on the South by a line
page 439.gif)
one hundred and sixty six links, then on the
North-west by lines two hundred and ten links, and two hundred and twenty three
links, then on the South by a line seven hundred and forty eight links, then on
the West by lines three hundred and sixteen links, and two hundred and eighty
seven links, and two hundred and twenty one links, then on the North by a line
five hundred and one links, then on the North-west by a line three hundred
links, then on the South by a line three thousand nine hundred and ninety links,
then on the South-west by a line eleven thousand two hundred and sixty three
links, then by a line on the South side one thousand two hundred and fifteen
links then on and towards the West side by the Waiwawa river to the point of
commencement as the same is delineated by the plan in the margin of these
presents and therein edged red and which said piece of land was passed at the
Native Lands Court held at Coromandel before his honor Judge Monro on the
nineteenth day of December when the Lessors were declared the owners together
with the rights members and appurtenances thereto belonging, to hold the same
unto the Lessees their successors and. assigns from the date hereof for the term
of twenty one years yielding and paying yearly during the
Lease for 21 years. 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 and other timber trees upon the said land and also
to cut down all such other trees as shall be necessary for clearing the said
land for erecting any machinery manufacturing any implements or constructing any
building 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 to dig saw pits erect saw mills and other
buildings to make water courses and dams and to use exclusively all water water
courses rivers or streams on the said lands 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 business, provided lastly and it is hereby agreed and
declared by and between the parties hereto that it shall and may be lawful for
the lessors their heirs and assigns and all other persons by them lawfully
authorised in writing from time to time and at all times during the term hereby
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 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 Lessors have hereunto subscribed
their names and the Mercury Bay Saw Mill Company 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.
Repiu Tokata
Reupena Tahur
Ereatara Tinirau
Wiremu te Huia.
Signed by the said Repiu Tokata and Reupena Tahura the same having been
first translated to them in the Maori language in the presence of—
Wm. J. Young, Licensed Interpreter, Auckland.
David Stewart,
Shortland.
Signed by the said Ereatara Tinirau having been first read over to him
in the Maori language in the presence of—
W. J. Young, L. Interpreter, and A. Edmonds.
Signed by the said Wiremu Te Huia in presence of—
Wm. J. Young, Licensed Interpreter.
A. Edmonds.