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

Deeds—No. 424

Deeds—No. 424.

Waikanae Block, Otaki-Waikanae District.

1839. 6 November.Otaki-Waikanae District.Waikanae.Cooper, Holt, and Rhodes.To all Chieftains and others of New Zealand, and to all Christian People We Aready Tunini Chiefs of New Zealand send Greeting Know Ye that we the said Aready Tunini for and in consideration of the sum of one Hundred and Fifty pounds sterling supplied to us in Arms, Ammunition, Tobacco and various merchandize to me in hand paid and delivered by Daniel Cooper of London, Merchant, James Holt of Sydney Merchant, and William Barnard Rhodes of Sydney master mariner before or at the time of the sealing and delivery of these presents, the receipt whereof we do hereby acknowledge we the said A'ready Tunini have granted, bargained, sold aliened, enfeoffed and confirmed and by these presents do grant, bargain, sell, alien, enfeoff and confirm unto the said Daniel Cooper, James Holt, and William Barnard Rhodes, heirs and assigns for ever All that tract of land on the North Island of New Zealand bounded on the West by the Waters Boundaries. of Cook's Straits near the Isle of Capiti commencing at the mouth or entrance of the Wikinie River Capiti bearing N.W. by N. and W. by S. ½ S. magnetic thence in a Northerly direction about twelve miles along the Coast to the entrance of the Otaikie River, and from thence turning to the Eastward along the banks of the Otaikie so far as it runs, bounded on North by the said River to its sourse or to the termination of an Easterly line Forty miles into the interior from the entrance of the Otaikie in Cooks Straits, Thence turning South parralell with the West Coast until it meets a line running Easterly forty miles from the aforesaid mouth of the Wikinie opposite Capiti, and bounded on the South by the Wikinie to its sourse or termination of an Easterly line forty miles from the mouth of the said River, Together with the uninterrupted use of the said Rivers, Together with all Rivers, Waters, Streams of water, Creeks, Bays, and Harbours, and together with all the right and uninterrupted right of fishing and the Fishes in the said Waters, Creeks, Bay and Harbours, and together also with all Mines and Minerals in or on the said piece or parcel of land and every part thereof and the Reversions and Remainders thereof and all the Estate right title interest claim and demand whatever of us the said A'ready and Tunini, of in and to the same land and page 398 premises and every part and parcel thereof To have and to Hold the said land and premises with the appurtenances unto the said Daniel Cooper, James Holt, and William Barnard Rhodes, heirs and assigns To the only proper use and behoof of the said Daniel Cooper, James Holt, and William Barnard Rhodes, heirs and assigns for ever And we the said A'ready and Tunini for ourselves our heirs executors and administrators do covenant and grant to and with the said Daniel Cooper, James Holt and William Barnard Rhodes, heirs and assigns that we the said A'ready and Tuanini now are lawfully and rightfully seized of in and to the said land and premises And that we have good right full power and authority in our own right to grant and convey all and singular the said land and premises with the appurtenances unto the said Daniel Cooper, James Holt and William Barnard Rhodes heirs and assigns And that the said Daniel Copper, James Holt and William Barnard Rhodes heirs and assigns shall and may at all times for ever hereafter peaceably and quietly have hold possess and enjoy the said piece or parcel of land hereditaments and premises above mentioned with the appurtenances without the let trouble hindrance molestation or denial of us the said A'ready and Tunini our heirs executors or administrators or any other person or persons whomsoever claiming or to claim by from or under us or them In Witness whereof we the said A'ready and Tunini have set our hands with our signature as used by chiefs in New Zealand by way of seal and confirmation of this our Act and Instrument the Sixth day of November One Thousand Eight hundred and Thirty-nine.

Tuanini his mark x and Tattoo. A'ready his mark x and Tattoo.

The above written document was signed, sealed, and delivered by the said A'ready and Tunini, Chieftains the same having been first read over and explained the them in the presence of—

Te ropera alias Robulla his mark x.
Jas. Cole.
Wm. Burton Interpreter.
John Lemon.
Wm. Shearer.
James Bain.
Robert Johnson.
George Coglan.
Eko or Eiko his mark x.
Rangihero his mark x.
Eaheao his mark x.

Peaceable possession taken and delivered. Be it remembered that this Sixth day of November in the Year of Our Lord One Thousand Eight hundred and Thirty-nine peaceable and quiet possession of all and singular the Lands and premises within granted and enfeoffed and mentioned to be granted and enfeoffed was taken and delivered by the within named A'ready and Tunini to William Barnard Rhodes, Master Mariner of Sydney the Attorney of the within named Daniel Cooper, James Holt and William Barnard Rhodes heirs and assigns according to the form and effect of the said within written Instrument in the presence of us whose names are hereunto written.

Robert Johnson.
Jas. Cole.

Receipt. Received the day and Year first within written of the within named William Barnard Rhodes, Master Mariner of Sydney, the Sum of One Hundred and Fifty Pounds (£150 . 0 . 0) being the consideration within mentioned to be paid and delivered by Daniel Cooper, James Holt, and William Barnard Rhodes, to us.

Tuanini his mark x.
A'ready his mark x.

Witness—

Robert Johnson.
Jas. Cole.

Memorandum respecting tenths. It was also agreed between the parties that one tenth of the said land should be reserved for the personal use of the within mentioned Chiefs and dependants and their Heirs for ever, but expressly prohibiting any power of sale by them or their Heirs for ever: the localities of the Lands reserved to be selected by Trustees duly chosen by both parties to these presents, and should the said parties not agree, to be refered to Arbutation which shall be final.

William Barnard Rhodes.

No. 70c.O.L.C. A True Copy of Original Deed and Memorandum.

H. Hanson Turton.

Wellington, 28th October, 1878.