1833. 30 August.Bay of Islands District.Memorandum of sale and purchase of land situated in the Bay of
Islands New Zealand. Right, Title, and Interest sold by the several Native Chiefs
whose native signatures or Moko are affixed hereunto on the one part and
J. S. Polack of the City of Westminster
Taiaruru. a true and loyal subject to his Majesty William IV. King, of Great
Britain, Ireland and
Joel Saml. Polack. Hanover &c. on the other part. The said
J. S. Polack does agree to purchase and by these
presents has purchased certain lands hereinafter specified upon payment of the
several goods or Articles also hereinafter specified, And the said goods or
articles have been paid as full and entire satisfaction to the several parties
whose names and marks (engoa) are hereunto affixed, And the said parties (Native
Chiefs) do Hereby acknowledge to have received the said articles divided among
themselves, according to the customs of Native Chiefs of New Zealand, as good,
full and entire satisfaction for the said lands and for all claims and demands of
whatsoever nature now or hereafter set up or to be set up for the said lands from
any of themselves or any relatives, successors, or assigns of any of the said
parties (Native Chiefs) or any other person or persons presuming to set up any
claim or claims to the said lands or possessions. The lands or possessions for
which these presents signed by the Native possessors and owners are full receipts
that the said lands or possessions are bought for ever by the aforesaid
J. S. Polack his heirs successors or
assigns or to whomsoever the said
J. S.
Polack may sell the said lands or possessions to, are thus bounded. From
the land or point having (2)
Boundaries. [100 acres.]
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two rocky islands at high water lying
off called Motu Kahakaha, bounded by a line due South, over the top of the hills
or ridges to a line bearing S. East from the termination of a bay called Kohi
being all the possessions square (oblong). From the above named island called Motu
Kahakaha the Native Chiefs Whe, Heke, Ruku, Hara, Tu Wakaterre, Kapotai, Haututu,
Kokowai, also from their distant (at a distance) relatives, Pehia, Tuirangi, agree
to the lands as follows. The bay or bight of Taiarudu or Sounding Surf, including
the small promontory named Te Bai or Pai, after a deceased Chief, to the rocks
jutting into the sea of Orongo Bay to the Eastward, and from the said rocks to and
including the lands running to the South called Kirikiri or Gravel bay, Mata
Karaka or fruitful face, and the bight of Kohi, in which said Kohi the lands of
the said
J. S. Polack terminate. A
Raoui or native mark is cut on a tree (called the Potikaua) by the Native chief
and formerly part possessor, Hara. The above mentioned chiefs Whe, Heke, Ruku,
Hara, Tu Wakatere, Kapotai, Haututu, Kokowai, and for their relatives Pehia and
Tuirangi, do hereby acknowledge, just truly and lawfully to have received from the
aforesaid
J. S. Polack and from no
other person the several articles here specified as full and sufficient payment
for the said lands or possessions of Taiarudu Bay, Te Pai or Bai, Kirikiri bay,
Mata Karaka bay and Kohi, the (3) three latter bays lying in Orongo Bay, viz.
Seven Muskets, Four large iron pots, Six Spades, Ten Hoes, twelve Tommahawks, two
large Axes, twelve sheets of large paper, three dozen flints, Three belts, Two
shingling hammers; and further the said Chiefs Whe, Heke, Ruku, Hara, Tu
Wakaterre, Kapotai, Haututu and Kokowai who sign for the chiefs Pehia and
Tuirangi, make over and give up every right, claim or title, they or their
relatives, heirs successors or assigns have or could ever have had to the said
J. S. Polack his heirs, successors
or assigns, or to whoever the said
J. S.
Polack may let or sell it to. And that the said
J. S. Polack may cultivate or build upon, let, alienate
all or part of the said lands and possessions without let or hindrance in the same
manner and to the full extent of the custom or laws observed in Great Britain. And
the said
J. S. Polack has acquired
hereby in the fullest extent or manner to call upon the said King William 4th his
heirs male or female, successors or representatives, or their heirs successors or
representatives to protect in these his (
J.
S. Polack’s) just rights with all his power and might in the possession
of the said lands or occupations thereon against any other persons whatever
whether a British subject, or subject to any acknowledged sovereign or native of
this country New Zealand, or any other would-be claimant. And the said claims,
rights and possessions are secured to the said
J. S. Polack, his heirs successors or assigns, to their
heirs successors or assigns to the full extent that the aforesaid Native Chiefs
Whe, Heke, Ruku, Hara, Tu Whakaterre, Kapotai, Haututu, and Kokowai who also sign
for their relatives Pehia and Tuirangi their relatives, heirs, successors and
assigns could or would hare had in themselves, notwithstanding any law or custom
whether of Great Britain or New Zealand. And further, this Agreement has been
translated, and the several names both of persons and possessions spelt and
expressed according to the orthography and usage of the Missionary Establishments
residing here, and a careful translation of these presents have been translated in
the Native language to the several chiefs who have
Receipt.disposed of all their interests in the lands of Taiaruru, te Pai or Bai,
Kirikiri, Mata Karaka and Kohi to their full and entire satisfaction, and their
several marks or signatures have been truly and fairly obtained in consideration
of the payment of (7) seven muskets (4) four large iron pots (6) six spades (10)
ten hoes (12) twelve tomahawks (2) two large axes (12) twelve sheets paper (3)
three belts (2) two shingling hammers (3) three dozen flints, and not by any
deceit, fraud or collusion. In Witness whereof the said Native Chiefs, viz. Whe,
Heke, Ruku, Hara, Tu Wakaterre, Kapotai, Haututu and Kokowai, Pehia and Tuirangi
on the one part, and the said true and loyal British subject to His Majesty
William 4th King of Great Britain,
J. S.
Polack on the other part have affixed their several marks hereto this
thirtieth day of August 1833. The same being done and intended according to the
true spirit and meaning hereof, notwithstanding any flaw or faults herein and
dated according to the custom of Great Britain there being no seals or authorities
thereto at the present time in this country of New Zealand.