Oruawharo Block (Samuel Hawke), Kaipara District.
1839. 30 December.Kaipara District.Oruawharo.This Indenture made the thirtieth day of December in the year
of our Lord eighteen hundred and thirty-nine Between Parore Chief of Kaihu,
Taupuhi Chief of Oruawaro Matiu a Chief of Oruawaro and Pai Chief of Oruawaro of
the first part, and Samuel
Samuel Hawke. Hawke of Sydney in the Colony of New South Wales, Settler, of the second
part, And the said Samuel Hawke at present residing in New Zealand. Whereas the
aforesaid Chiefs Parore, Taupuhi, Matiu, and Pai being Chiefs of the Tribes of
Ngapuhi and Ngatiwatua in the territory of New Zealand and having right and
authority to alienate the land hereinafter described have contracted with the said
Samuel Hawke for the sale to him of the said land for the price or consideration
hereinafter mentioned and the
page 296same is
now intended to be enfeoffed and conveyed to the said Samuel Hawke in manner
hereinafter expressed. Now this Indenture Witnesseth that in consideration of
Receipt for £5 deposit. five pounds sterling lawful coin of Great Britain, paid down as deposit,
and ninety-five pounds sterling lawful coin of Great Britain, and six hundred
pounds value of merchandise to be paid on the arrival of the said goods from
Sydney any time within eighteen calendar months of the date of this Indenture and
that the same is in full for the absolute purchase of the Inheritance in fee
simple in possession of the land or hereditaments hereinafter described and
intended to be hereby enfeoffed and conveyed, The said Parore, Taupuhi, Matiu, and
Pai do hereby acknowledge and from the same and every part thereof do acquit,
release and for ever discharge the said Samuel Hawke his Heirs and assigns and
also the said land they the said Parore, Taupuhi, Matiu, and Pai Hath given,
granted and enfeoffed, and do by these presents give grant enfeoff and confirm
Boundaries. [12,000 acres.] unto the said Samuel Hawke and his Heirs as Tenants in common All that
piece or parcel of land, situate, lying, and being situated on the River Oruawaro,
being bounded on the one side by the creek or river Warahinu and on the other by
the creek or river Wai Tangata, the course of the River Oruawaro between these
points being river frontage, then following the course of the creek Warahinu to
the creek Waireia, then along the said Waireia to its source or termination from
which point a direct line to the divided boundary of the two districts Oruawaro
and Kaipara and known by the name Kokeoki thence in a direct line (forming the
said boundary of the dist. of Kaipara) to a point called Kanohi Ruru and from
Kanohi Ruru a direct line to the source or termination of the creek Wai Tangata
and following the course of the Wai Tangata to the Oruawaro, or howsoever
otherwise the said land or any part thereof is bounded, situate, known or
distinguished: together with all ways, paths, waters, woods, timber and other
trees, minerals, and all appurtenances to the said land and premises belonging or
in any wise appertaining, and all the right and title whatsoever of them the said
Parore, Taupuhi, Matiu and Pai, or any other of the said Tribes of Ngapuhi or
Ngatiwatua or any other tribe in or to the same. To have and to hold the said land
hereditaments and premises hereinbefore described and hereby granted, enfeoffed,
and confirmed or intended so to be with their and every of their rights,
privileges, advantages, and appurtenances whatsoever unto and for the use and
behoof of the said Samuel Hawke his Heirs and assigns for ever as Tenants in
common. And the said Parore, Taupuhi, Matiu and Pai for themselves and their Heirs
do shall and will and hereby covenant with the said Samuel Hawke his Heirs and
assigns that they the said Parore, Taupuhi, Matiu and Pai and their heirs do shall
and will warrant and for ever defend unto and to the use of the said Samuel Hawke
and his Heirs or assigns all the said lands hereby granted and enfeoffed against
them the said Parore Taupuhi, Matiu and Pai and their Heirs and against all and
every other person or persons whomsoever claiming the said land and premises or
any part thereof. And the said Samuel Hawke hath nominated, constituted and
appointed and by these presents Doth nominate constitute and appoint George Hawke
of Sydney aforesaid and now residing in New Zealand his true and lawful Attorney
for him and in his name and stead to receive and take of and from the said Parore,
Taupuhi, Matiu, and Pai full and sufficient seizen and possession of the said land
and hereditaments by these presents granted, enfeoffed and confirmed or any part
thereof and such seizen and possession being so taken and had to hold and retain
to and for the use of the said Samuel Hawke and his Heirs and assigns for ever
according to the purport and effect and true intent and meaning of these presents.
In Witness whereof the said parties to these presents have hereunto set their
hands and seals the day and year first above written.
Parore. L.S.
Taupuhi. L.S.
Matiu. L.S.
Pai. L.S.
Signed, sealed and delivered by the said Parore, Taupuhi, Matiu and Pai
the same having been first read over and explained, and which they seemed
perfectly to understand in our presence—
Thomas Spencer Forsaith, Merchant,
Kaipara.
William Hay, late of Sydney.
Tirarau, Chief of Wairoa River.
Samuel Hawke. L.S.
Signed, sealed and delivered by the said Samuel Hawke in the presence
of—
Thomas Spencer Forsaith.
1840. 2 June.Receipt for £95 and merchandise. We acknowledge to have received on the second day of June in the year of our
Lord one thousand eight hundred and forty of the within named Samuel Hawke
Ninety-five pounds sterling lawful coin of Great Britain, thirty spades, two bags
of sugar, one keg of Tobacco being part of the within named consideration to be
paid and given to us for the sale and conveyance of the land and hereditaments
within mentioned.
Parore.
Matiu.
Taupuhi.
Pai.
Witness—
Thomas Spencer
Forsaith.
William Hay, late of Sydney.
1840. 12 June.Peaceable possession taken and delivered. Be it remembered that on the twelvth day of June in the year of our Lord one
thousand eight hundred and forty peaceable and quiet possession and full seizen of
the land and hereditaments within mentioned to be granted and enfeoffed to the
within
page 297named Samuel Hawke was openly
had and taken by the within named Parore, Taupuhi, Matiu, and Pai, and by them
delivered to the within named Samuel Hawke to hold the same unto and to the use of
the said Samuel Hawke his Assigns and Heirs for ever as Tenants according to the
purport and true intent and meaning of the within written Indenture in the
presence of us whose names are hereunto subscribed.
Tamati (Chief of Oruawaro).
Thomas Spencer Forsaith, Wairoa, Kaipara.
No. 25.O.L.C. A True Transcript of Copy of Original Deed.
H. Hanson Turton.
Wellington,
23rd September, 1878.