Waitieke Block, River Wairoa, Kaipara District.
1840. 1 January.Kaipara District.Waitieke.This Indenture made the first day of January in the year of our
Lord 1840 Between Ko te Ngaukara residing on the right bank of the Wairoa River,
Kaipara Harbour on the West Coast of New Zealand, a chief of the Tribe of
Ngatiwatua of the first part, William Jackson of Sydney in the Colony of New South
Wales but now about to
Jackson and Peterson. proceed to New Zealand Gentleman and Frederick Peterson of Sydney
aforesaid Gentleman of the second part and the said Jackson of the third part
Whereas the said Ko te Ngaukara Chief of the said Tribe of Ngatiwatua in the
Territory of New Zealand and having right and authority to alienate the land
hereinafter described hath contracted with the said William Jackson and Frederick
Peterson by and with the consent and approbation of the other chiefs of the said
Tribe for the sale to them the said William Jackson and Frederick Peterson of the
said land for the price or consideration hereinafter mentioned, Now this Indenture
Witnesseth that in consideration
Consideration. of 20 prs. Blankets, 20 Axes, 10 Spades, 140 lbs. Lead, 30 Shirts, 10
Tomahawks, 3 pieces Print, 2 pieces Calico, 1 Tierce of Tobacco; 6 Coats, 2 double
barrelled Guns, 5 Casks Gunpowder, 1 piece Dungaree, and £30 of lawful money of
Great Britain, l Chest, 5 Muskets, 75 lbs. Gunpowder, 56 yards Printed Calico 56
yards plain Calico, 3 prs. Braces, 2 fancy Caps, and 6 quires of Paper in hand
well and truly paid and delivered by them the said William Jackson and Frederick
Peterson to the said Ko te Ngaukara before the sealing and delivery hereof the
receipt whereof and that the same is in full for the absolute purchase of the
Inheritance in fee simple in possession of the land and hereditaments hereinafter
described and intended to be hereby enfeoffed and conveyed the said Ko te Ngaukara
doth hereby acknowledge and from the same and every part thereof doth acquit
release and for ever discharge the said William Jackson and Frederick Peterson and
each of them and their and each of their Heirs Executors Administrators and
Assigns and also the said land He the said Ko te Ngaukara Hath given granted and
enfeoffed and by these presents doth give grant enfeoff and confirm unto them the
said William Jackson and Frederick Peterson their and each of their Heirs as
Tenants in common All that piece or parcel of land containing by estimation Five
thousand acres more or less situate on the Eastern bank of the River Wairoa
aforesaid and bounded on the Eastward by Awaraenui; thence running North East to a
place called
Boundaries. [5,000 acres.] Te Papa; thence North West to a place called Rua Tommatea; thence South
West by South to a place called Waitieki; and on the Southward and Eastward by the
River Wairoa aforesaid including the adjoining Peninsular and Island, and which
said piece of land is known or distinguished as Waitieke, or howsoever otherwise
the said land or any part thereof is bounded situate known or distinguished,
Together with all ways paths, Woods, Underwood, Timber and other Trees, Mines and
Minerals and all appurtenances to the said land belonging or in anywise
appertaining, And all the estate right and title of him the said Ko te Ngaukara or
any of the said Tribe of Ngatiwatua in or to the same, To have and to hold the
said land hereditaments all and singular other the premises hereinbefore
described, and hereby granted enfeoffed and confirmed or intended so to be with
their and every of their rights, members privileges advantages and appurtenances
whatsoever in to and for the use and behoof of them the said William Jackson and
Frederick Peterson their and each of their Heirs and Assigns for ever as Tenants
in Common and not as Joint Tenants, And the said Ko te Ngaukara for himself and
his heirs doth hereby covenant with the said William Jackson and Frederick
Peterson and each of them and each of their heirs and assigns that he the said Ko
te Ngaukara and his heirs do shall and will warrant and for ever defend unto and
for the use of them the said William Jackson and Frederick Peterson and each of
them and each of their heirs and assigns All the said lands hereditaments and
premises hereby granted and enfeoffed against him the said Ko te Ngaukara and his
heirs and against all and every the said Tribe Ngatiwatua and every other person
or persons whomsoever claiming the said land or any part thereof, And the said
Frederick Peterson hath nominated constituted and appointed, and by these presents
Doth nominate constitute and appoint the said William Jackson his true and lawful
Attorney for him and in his name and stead to receive and take of and from the
said Ko te Ngaukara full and sufficient seisen or possession of the said land and
hereditaments and by these presents granted to enfeoffed confirmed or any part
thereof in the name of the whole to take and have and such seisen and possession
being so taken and had to hold and retain to and for the use of them the said
William Jackson and Frederick Peterson as Tenants in Common according to the
purport and effect and true intent and meaning
page 298 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.
Kotengaukara. L.S.
Signed sealed and delivered by the said Ko te Ngaukara the same having
been first read over and explained to him which he seemed perfectly to
understand in the presence of us—
W. A. Hughes.
Paikea, a Native Chief.
F. Peterson. L.S.
Signed sealed and delivered by the said Frederick Peterson in my
presence—
W. A. Hughes.
W. Jackson. L.S.
Signed sealed and delivered by the above named William Jackson in the
presence of—
Fredk. Whitaker, Solr., Auckland.
J. S. Polack.
Peaceable possession given. Be it remembered that on the 10th day of January in the year of our Lord
1840 peaceable and quiet possession and full seizen of the land and hereditaments
within mentioned to be granted and enfeoffed to the within named William Jackson
and Frederick Peterson was openly had and taken by the within named Ko te Ngaukara
and by him delivered to the said William Jackson in the name of and for the said
William Jackson and Frederick Peterson To hold the same unto and to the said
William Jackson and Frederick Peterson and their heirs for ever and Tenants in
common according to the purport and true intent and meaning of the within written
Indenture in the presence of us whose names are hereunto subscribed.
W. A.
Hughes.
Thomas Davis. L.S.
Receipt. I acknowledge to have received on the day of the date of the written
Indenture of the within named William Jackson and Frederick Peterson 20 pairs
Blankets, 20 Axes &c. &c. (as before named) being the
consideration within mentioned to be paid and given to me for the sale and
conveyance of the said land and hereditaments within described.
Kotengaukara.
Witness—
W. A. Hughes.
Paikea, a Native Chief.