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

[Deeds—No. 350.]

Deeds—No. 350.

Rangihau No. 2286 Block, Mercury Bay, Coromandel District.

1873. 30 December.Coromandel District.This Deed made the thirtieth day of December one thousand eight hundred and seventy three between Repiu Tokata, Reupena Tahura, Wiremu to Huia and Ereatara Tinirau, all of Mercury Bay, District of Coromandel Queens County in the Province of Rangihau no. 2286. Auckland Colony of New Zealand aboriginal Natives (hereinafter called the said vendors) of the one part and Her Majesty Queen Victoria of the other part, witnesseth page 437that in consideration of the sum of seven hundred and fifty pounds paid by Her said Majesty Queen Victoria to the said Vendors (the receipt whereof' is hereby acknowledged) They the said vendors do and each and every one of them doth hereby convey Receipt for £750. and assure unto her said Majesty Queen Victoria her successors and assigns (save and except as hereinafter mentioned) 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 Number 2286" and containing by admeasurement nine thousand one hundred and sixty two acres more or less, bounded towards the North by the Waiwawa Boundaries. [9,162 acres.] block, ten thousand and eighty seven links, then towards the West by other part of 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 then on the East by a line one hundred and seventy eight links, then on the North by lines one thousand four 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 fifty two links, six hundred and eighty four links, four hundred and sixty links, and two hundred and eighty one links, then toward the North by lines one thousand seven 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 Rurupuku, Eleven thousand nine hundred and seventy five links, then on and toward 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 line 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 one hundred and sixty six links then on the North West by lines, two hundred and two 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, two hundred and eighty seven links, and four 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 line on the South side twelve 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 on the plan drawn hereon edged red, together with all the rights easements and appurtenances there to belonging and all deeds thereto relating and all other rights which the said vendors or any of them have or may have of in to or out of the said or parcel of land, To hold the same premises unto her said Majesty Queen Victoria her successors and assigns for ever subject nevertheless to the sale and grant of Subject to sale of timber to the mercury Bay Saw-Mill Company. the timber and bush in upon and about the said land and the demise of the said land made by a certain deed of grant and demise between the said vendors (therein called the said Lessors) of the one part and "The Mercury Bay Saw Mill Company Limited" of the other part bearing date the twenty seventh day of December one thousand eight hundred and seventy three. In witness whereof the said parties thereto have hereuuto. subscribed their names the day and year first herein written.

(Signed) Repiu Tokata.
Reupena Tahura.
WireMu te Huia x.
Ereataea Tinirau x.

Signed by the said Repiu Tokata and Reupena Tahura in the presence of us the word three having been first inserted in the first line—

(Signed) J. W. Preece, Licensed Interpreter Auckland.

(signed) Albt. J. Nicholas, Settler, Hikutaia.

Signed by the said Wiremu Huia and Ereatara Tinirau in the presence of us—

(Signed) J. W. Preece, Licensed Interpreter, Auckland.

(signed) H. W. Heath, Clerk, Auckland.

[Declaration of James Wathen Preece]

Declaration of Jas. Wathen Preece.I James Wathen Preece of Auckland of the Province of Auckland in New Zealand a duly authorized Interpreter under The Native Lands Acts 1865, 1867 1869 and 1870 do solemnly and sincerely declare—
1.That I was present together with Albert John Nicholas of Hikutaia in the Province of Auckland aforesaid a male adult and did see Repiu Tokata and Reupena Tahura page 438named and described in the within written Deed duly sign and execute the same that I was also present with Henry William Heath of Auckland aforesaid a male adult and did see Wiremu Huia and Ereatara Tinirau named and described in the within written Deed duly sign and execute the same.
2.That the names Repiu Tokata Reupena Tahura thereto subscribed are of the proper handwriting of the said Repiu Tokata and Reupena Tahura and the marks opposite the names of the said Wiremu Huia and Ereatara Tinirau were made by them they being illiterate.
3.That before the execution of the said Deed by the said Repiu Tokata, Reupena Tahura, Wiremu Huia and Ereatara Tinirau, I did translate the same into the Maori language and that my translation thereof was correct and was perfectly understood by the said Repiu Tokata Reupena Tahura, Wiremu Huia and Ereatara Tinirau and I make this solemn declaration conscientiously believing the same to be true and by virtue of certain Acts of the General Assembly of New Zealand intituled "The Native Lands Act 1865," "The Native Lands Act 1867," "The Native Lands Act 1869," "The Native Lands Act 1870," and the Justices of the Peace Act 1866.

(Signed) J. W. Preece.

Declared at Grahamstown, Thames,

the eighth day of October, 1874.

(Signed) Albert J. Allom,

A Justice of the Peace.

Deed Enclosure in No. 350.
Rangihau No. 2286 Block (Timber Lease), Coromandel District.

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 439one 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.

[Declaration of William Joseph Young]

(2200 Stamp 2/6 13-1-74) I William Joseph Young of Auckland in the Province of Auckland in New Zealand Maori Interpreter do solemnly and sincerely declare:— Declaration of Wm. J. Young.
1.That I hold a certificate duly authorizing me to act as Interpreter under the Native Lands Act 1865 and the various statutes amending or affecting the same and that such certificate is in full force and effect.
2.That I was present together with David Stewart of Shortland Thames in the said Province of Auckland, settler, and did see Repiu Tokata and Reupena Tahura two of the parties to the within Deed sign and execute the same and that immediately before the execution of the said Deed by the said Repiu Tokata and Reupena Tahura I did faithfully interpret the same to them into the Maori language, and that my translation thereof was correct and was understood by them.page 440
3.That the names David Stewart and Wm. J. Young set and subscribed as those of the witnesses attesting the execution of the said Deed by the said Repiu Tokata and Reupena Tahura are of the proper handwriting of the said David Stewart and of me this declarant and that the said David Stewart is a male adult.
4.That I was present together with Alfred Edmonds of Mercury Bay in the said Province of Auckland settler and did see Wiremu te Huia and Ereatara Tinirau two of the parties to the within written Deed sign and execute the same and that immediately before the execution of the said Deed by the said Wiremu Te Huia and Ereatara Tinirau I did faithfully interpret the same to them into the Maori language and that my translation thereof was correct and was understood by them.
5.That the names A. Edmonds and Wm. J. Young set and described as those of the witnesses attesting the execution of the said Deed by the said Wiremu Te Huia and Ereatara Tinirau are of the proper handwriting of the said Alfred Edmonds and of me this declarant and that the said Alfred Edmonds is a male adult. 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 intituled The Justices of tho Peace Act 1866.

Wm. J. Young

Declared at Auckland in the Province of Auckland in New Zealand this twenty-ninth day of December, one thousand eight hundred and seventy-three. Before me

J. J. Wilson,
One of Her Majesty's Justices of the Peace for the Colony of New Zealand.

Trust Commissioner's certificate. I Theodore Minet Haultain the Trust Commissioner under the Native Lands Frauds prevention Act 1870 for the District of Auckland do hereby certify that I have with respect to the within written instrument and the alienation thereby witnessed made the enquiries directed by the said Act and do certify that I am satisfied with the result of such enquiries. Dated this 2nd day of November, 1874.

T. M. Haultain,
Trust Commissioner.

I hereby certify that the first annual payment of duty in respect of this land has been paid.Judge's certificate.

F. D. Fenton,
Chief Judge.

Nov. 10, 1874.

The Deeds Register Office,

Auckland, 27th November, 1874.
Registrar's certificate. I hereby certify that the foregoing is a correct copy of the lease registered under number 4109d the same having been examined with the original instrument lying for registration in this office.

(l.s.)

M. Hamilton,
Deputy Registrar.

(Sub-Enclosure in No. 350.)
Crown Grant to Repiu Tokata and Others of Coromandel.

Rangihau No. 2286 Block, Mercury Bay.

1872. 7 September.Coromandel District.Rancihau no. 2286. Victoria by the Grace of God of the United Kingdom of Great Britain and Ireland Queen, To all to whom these presents shall come greeting, know ye that for good considerations us thereunto moving we for us our heirs and successors do hereby grant unto Repiu Tokata Reupena Tahura, Wiremu Te Huia and Ereatara Tinirau of the District of Coromandel in the Province of Auckland, aboriginal Natives of New Zealand their heirs and assigns all that Parcel of land in our Province of Auckland in our Colony of New Zealand containing by admeasurement nine (9000) acres more or less situate at Mercury Bay in the District of Coromandel Queen's Country being called or known by the name of Rangihau and numbered two thousand two hundred and eighty Boundaries. [9,000 acres.] six (2286) Bounded towards the North East by the Rangihau Creek and by the Kapowai block three hundred aud fifty (350) links, One thousand one hundred (1100) links, two thousand one hundred and five (2105) links, one thousand two hundred and thirty (1230) links, one thousand one hundred and thirty seven (1137) links, one hundred and sixty (160) links, six hundred and eighty four (684) links, two hundred and fifty three (253). links, three hundred and thirty seven (337) links, four hundred and seven (407) links, one hundred and seventy eight (178) links, one thousand four hundred and eighty five (1485) links, six hundred and nineteen (619) links, two hundred and thirty nine (239) links, and one thousand three hundred and seventeen (1317) links, by the Tauwhare Purakau Creek and by the said block one hundred (100) links, five hundred and twenty (520) links, One hundred and seventy two (172) links, page 441three hundred and eighty three (383) links, eighty three (83) links, and two hundred (200) links, by the Waipouri Stream and by the said block one hundred (100) links, nine hundred and fifty (950) links, seven hundred and twenty (720) links, one thousand and two (1002) links, six hundred and eighty four (684) links, four hundred and sixty (460) links, two hundred and eighty one (281) links, one thousand seven hundred and thirty nine (1739) links, and six thousand two hundred and ninety (6290) links, towards the East by a line eleven thousand nine hundred and seventy five (11,975) links, towards the South by lines thirty (30) links, one hundred and eighty eight (188) links, two thousand eight hundred and twenty (2820) links, one hundred and fifty five (155) links, five hundred and six (506) links, two thousand three hundred and twenty five (2325) links, eight hundred and four (804) links, two thousand four hundred and sixty eight (2468) links, five hundred and sixty six (566) links three hundred and seventy five (375) links, three hundred and thirty four (334) links, one hundred and sixty six (166) links, four hundred and four (404) links, two hundred and ten (210) links, two hundred and twenty three (223) links, seven hundred and forty eight (748) links, three hundred and sixteen (316) links, two hundred and eighty seven (287) links, two hundred and twenty one (221) links, five hundred and one (501) links, three hundred (300) links, three thousand nine hundred and ninety (3990) links, eleven thousand two hundred and sixty three (11263) links, and one thousand two hundred and fifteen (1215) links, towards the South West and West by the Waiwawa River and towards the North West by the Waiwawa block ten thousand and eighty seven (10,087) links, five thousand one hundred and eighty eight (5188) links, four thousand two hundred and nine (4209) links, one thousand three hundred and sixty two (1362) links, and two thousand two hundred (2200) links, subject however to the right conferred on the Governor of New Zealand by the Native Lands Act 1865 of taking and laying off roads through the said land without compensation provided that the total quantity of land to be taken therefore shall not be more than after the rate of five acres for every one hundred acres and that the land taken for such roads be not occupied by any building garden orchard plantation or ornamental ground such right to cease at the expiration of ten years from the date hereof, as the same is delineated on the plan drawn in the margin hereof, with all the rights and appurtenances thereto belonging To hold hold unto the said Repiu Tokata Reupena Tahura Wiremu Te Huia and Ereatara Tinirau their heirs and assigns for ever as from the seventeenth day of February one thousand eight hundred and seventy two, In testimony whereof we have caused this our grant to be sealed with the seal of our Colony of New Zealand.

Witness our trusty and well beloved Sir George Ferguson Bowen Knight Grand Cross of our most distinguished order of Saint Michael and Saint George Governor and Commander in Chief in and over the Colony of New Zealand at Wellington this seventh day of September in the thirty sixth year of our reign and in the year of our Lord one thousand eight hundred and seventy two.

G. F. Bowen.

No. 68 by District Land Registrar Produced and entered the 20th day of November 1874 at 3 p.m.

Geo. W. Davy, D.L.R.

The above caveat is withdrawn this twenty sixth day of November 1874 at 3 p.m.

Geo. W. Davy, D.L.R.

Transfer No. 418 from Repiu Tokata Reupena Tahura Wiremu Te Huia and Ereatara Tinirau to Her Majesty Queen Victoria produced and entered the 26th day of November 1874 at 3 p.m

Geo. W. Davy, D.L.R.

A True Transcript of Certified Copy of Deed, Timber Lease, and original Crown Grant.

H. Hanson Turton.

Wellington, November 11th, 1875.