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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

Waitieke Block, River Wairoa, Kaipara District

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.