Other formats

    Adobe Portable Document Format file (facsimile images)   TEI XML file   ePub eBook file  


    mail icontwitter iconBlogspot iconrss icon

Maori Deeds of Old Private Land Purchases in New Zealand, From the Year 1815 to 1840, with Pre-Emptive and Other Claims

Deeds—No. 96

Deeds—No. 96.

Taiaruru Block, Orongo Bay, Bay of Islands District.

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.] page 94two 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.

E Ruku.
Wae or Whe.
Tuirangi, who also signs for Pehia his relative.
Tu Wakaterre.

Witnesses to the several signatures—
(Signed) Wm. Powditch.
William Alexander.
Thos. S. Trapp.
Robert Hookey.

Pomare’s receipt. Received for acknowledgment of claim and protection from the tribe and claims on the within land by the undersigned by payment of one blanket and tobacco.

Signed Pomarre.

Wm. Powditch.
Robert Hookey.

Native witness—Molbro or Moproua.

page 95 We the undersigned residents at the period of this Agreement in New Zealand, do certify that the price given by Mr. J. S. Polack for his lands at Taiarudu and in Orongo Bay to be a most equitable fair and just price.

Wm. Powditch.
Thos. S. Trapp.
Gilbert Mair.

31st August, 1833.

True Copy.

H. T. Kemp.

A True Transcript of Certified Copy of Original Deed.No. 288.

H. Hanson Turton.

Wellington, 31st March, 1879.