Te Wairau Block, Otamatea, Kaipara District.
1840. 10 January.Kaipara District.Te Wairau.This Indenture made the tenth day of January in the year of our
Lord One thousand eight hundred and forty Between Paikea a Chief residing on the
river Wairoa of the first part William Wright of Sydney in the Colony of New South
Wales and William Smellie
Wright and Grahame. Grahame of Sydney aforesaid Merchants of the second part and the said
William Smellie Grahame at present residing at New Zealand aforesaid of the third
part Whereas the said Paikea being Chief of the Tribe of Ngati Whatua in the
Territory of New Zealand and having right and authority to alienate the land
hereinafter described hath contracted with the said William Wright and William
Smellie Grahame for the sale to them of the said land for the price or
consideration hereinafter mentioned and the same are now intended to be enfeoffed
and conveyed to the said William Wright and William Smellie Grahame in manner
hereinafter expressed Now this Indenture
Consideration. Witnesseth that in consideration of Ten great Coats fifty shirts twenty
fancy velvet vests one trunk fifty pieces print ten dozen handkerchiefs fifty
shawls twenty-five pairs of duck trowsers twenty-five pairs fancy trowsers Three
boat cloaks fifteen fancy vests ten blue cloth Jackets one box of tea Three casks
of Balls five hoes thirty Gambroon Jackets forty-one pairs Blankets forty muskets
fifteen fowling pieces flint locks twelve fowling pieces percussion eight double
barrel guns six boxes percussion caps four kegs negrohead Tobacco five spades two
bags of sugar one whale boat two casks gunpowder and sixty-five pounds lawful coin
of great Britain in hand well and truly delivered by the said William Wright and
William Smellie Grahame to the said Paikea before the sealing and delivery here of
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 Paikea doth
hereby acknowledge and from the same and every part thereof doth acquit release
and for ever discharge the said William Wright and William Smellie Grahame their
and each of their Heirs and Assigns and also the said land He the said Paikea Hath
given granted and enfeoffed and by these presents Doth give grant enfeoff and
confirm unto the said William Wright and William Smellie Grahame and their Heirs
as Tenants in common All that piece or parcel of land or ground situate lying
Boundaries. [40,000 acres.] and being situated on the Otamatea River and known by the general name of
Te Wairau commencing at the creek or River Kaiwaka and following its course to the
creek Pouriuri and then along the Pouriuri including the mountains Papo Watu Te
Rangi Puta and Pupu Rangi and all the land on that side of the Pouriuri then from
the first mentioned creek Kaiwaka along the course of the Otamatea following its
windings including the Wairau and the Wi to Parawenuama and then including
Parawenuama and Kauwakatu thence to the aforesaid Pupurangi including all the land
on that side of the river extending back to what the Natives call Tokirau or
howsoever otherwise the said land or any part thereof is bounded situate known or
distinguished Together with
page 300all ways
paths waters woods timber and other trees minerals and all appurtenances to the
said land and premises belonging or in anywise appertaining And all the right and
title whatsoever of him the said Paikea or of any of the said Tribe of Ngati
Whatua or other tribes 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 William Wright and William Smellie Grahame their Heirs and Assigns for ever
as Tenants in common and not as Joint Tenants And the said Paikea for himself and
his Heirs doth hereby covenant with the said William Wright and William Smellie
Grahame their Heirs and assigns that he the said Paikea and his Heirs do shall and
will warrant and for ever defend unto and to the use of the said William Wright
and William Smellie Grahame and each of them their and each of their Heirs and
assigns all the said lands and premises hereby granted and enfeoffed against him
the said Paikea and his Heirs and against all and every other person or persons
whomsoever claiming the said land and premises or any part thereof And the said
William Wright Hath nominated constituted and appointed and by these presents Doth
nominate constitute and appoint the said William Smellie Grahame his true and
lawful Attorney for him and in his name and stead to receive and take of and from
the said Paikea full and sufficient seizen and possession being so taken and had
To hold and retain to and for the use of the said William Wright and William
Smellie Grahame their and each of their 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.
Paikea.
Signed Sealed and Delivered by the said Paikea the same having been first
read over and explained to which he seemed perfectly to understand in our
presence—
Thomas Spencer
Forsaith, Merchant, Wairoa.
Geo. Stephenson, Merchant,
Wairoa.
Tirarau, Chief of Nga Pui.
Te Weinga (a Chief of the Wairoa).
William Wright. (L.S.)
Signed Sealed and Delivered by the same William Wright in the presence
of—
John L. Clarke, Sol., Sydney.
William S. Grahame. (L.S.)
Signed Sealed and Delivered by the said William Smellie Grahame in the
presence of—
Receipt for £65 and merehandise. I acknowledge to have received on the day of the date of the within written
Indenture of the within written William Wright and William Smelley Grahame Ten
Great Coats fifty shirts twenty fancy velvet vests one trunk fifty pieces print
ten doz. handkerchiefs fifty shawls twenty-five pairs of Duck Trowsers twenty-five
pairs fancy trowsers three boat cloaks fifteen fancy vests ten blue cloth jackets
one box of tea three casks of Balls five hoes thirty Gambroon Jackets forty-one
pairs of Blankets forty muskets fifteen fowling pieces flint locks twelve fowling
pieces percussions eight double barrel guns six boxes percussion caps four kegs
negrohead Tobacco five spades two bags of sugar one Whale boat two casks Gunpowder
and sixty-five Sovereigns lawful coin of Great Britain being the full
consideration within mentioned to be paid and given to me for the Sale and
Conveyance of the said land and hereditaments within described.
Paikea.
Witness—
Geo. Stephenson, Merchant, Wairoa.
Thomas Spencer Forsaith, Merchant, Wairoa.
1840. 23 May.Peaceable possession of the block taken and delivered. Be it Remembered that on the twenty-third day of May 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 named William Wright and William Smellie Grahame was openly had and
taken by the within named Paikea and by him delivered to the within named William
Smellie Grahame in the name of and for the said William Wright and William Smellie
Grahame To hold the same unto and to the use of the said William Wright and
William Smellie Grahame and their Heirs for ever as 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.
Thomas Spencer Forsaith (Merchant, Wairoa).
Geo. Stephenson, Merchant,
Wairoa.
No. 9.O.L.C. A True Copy of Original Deed and Memorandum.
H. Hanson Turton.
Wellington,
19th September, 1878.