to sell the right and title of a piece of land
situated on the Kororarika 1833. 30 August.Bay of Islands District.
beach Bay of Islands (Tokirau) New Zealand belonging to a Native Chief now
known by the name of Heke sole heir and successor to the former owner by name
Toitapu Paramata No. 1.
deceased in 1833 to Mr. J. S. Polack
a British subject, resident in the
said Bay of J. S. Polack.
Islands New Zealand Witnesseth that the said Heke being the sole and
acknowledged rightful owner of the said piece or parcel of land on the said
Kororarika beach Bounded Boundaries.
on the N. West by the base of Titori’s hill leaving the watercourse at the
bottom thereof [9 acres.]
to be within the said land or possessions of Parramatta as it is now termed
by the natives, and running along the beach South, including all rocks within low
water mark to a fence adjoining to the land of the Native Chiefs Tu Wakaterre and
Hara, and lately known as the occupation of a European named Grey, from thence
running backward in a curved direction East and North, bounded by the possessions
of the aforesaid Tu Wakaterre and Hara to the foot of the hill; there joining and
continuing in a line with a watercourse backwards up the gully intercepting a road
or beaten path leading to Tapekka; thence in a line Westerly directly across the
ridge till intercepting a path leading to Maunga Maunga Nui or Tapekka, thence
continuing Southerly along the path down the hill till meeting the watercourse
bounding the base of Titori’s hill aforesaid. And be it here understood, the
aforesaid Chief Heke in conjunction with Rui, Receipt.
Edi and Gnowai, wives of the deceased Toitapu who have also hereunto set
their names, do entirely sell and by this deed has sold to the said J. S. Polack
his heirs successors and
assigns the said lands and possessions for ever, to have and to hold, and the said
chief Heke and Rui, Edi and Gnowai do hereby agree and bind themselves to accept
severally and jointly as full and just payment for the said lands of Parramatta
&c. (4) four muskets (2) two 25 lb. casks of Gunpowder (8) Eight blankets
(4) cartouche boxes and belts (6) six clasp knives (2) two pairs scizzors (2) two
head combs (2) two tack combs (2) two large iron pots (30) thirty large sheets
paper which they have now accepted and voluntarily received as full and just
payment for the above mentioned land (a draft of which is annexed): the articles
above mentioned and these presents shall be sufficient agreement to debar any
British subject or other person from claiming or setting up any claim or occupancy
to the said land, otherwise than by the leave of the said J. S. Polack
or by his sale. And the said J. S. Polack
has paid unto the said Chief
Heke and the aforesaid wives of the deceased Toitapu before the subscribing
Witnesses (British subjects) the before mentioned sum as above stated. The said
J. S. Polack
promises to abstain
from building on the sacred spots within his allotments until the persons properly
authorised or capable shall remove the tapu or prohibition. And the said J. S. Polack
, his heirs assigns or
successors or their assigns for ever are to have and to hold, build or cultivate,
or use or alienate to others in any manner or manners whatever to the said land or
possessions in consideration of the above mentioned Articles, to Wit, 4 muskets, 2
25 lbs. casks Gunpowder 8 9 1/4 blankets 2 back combs 2 head combs 2 iron pots 2
prs. scizzors 6 clasp knives 30 sheets paper 4 cartouche boxes and belts, and by
these presents well and truly paid and delivered to Heke and Rui, Edi and Gnowai
in presence of all the subscribing witnesses of the said payment: and the said
lands and possessions above and before named are become the sole property with all
and every right title and interest before mentioned or in them vested to the said
J. S. Polack
who is also the sole
proprietor of the lands at Taiarudu and its adjoining Bays of Kirikiri, Mata
Karaka and Kohi in the said Bay of Islands. And the said J. S. Polack
for himself, his heirs, successors and
assigns or their assigns lawfully appointed, has therefore paid the several
articles above specified in consideration of the possession &c. given and
obtained to all and every right title and interest of the said lands and
possessions: and the said land and possessions have been fairly bought and
obtained, had or exchanged, for and in consideration of the several articles
before mentioned, and which several articles are a just true and fair value and
payment of and for the said lands and possessions at the time and place of such
payment. In Witness whereof the subscribing witnesses have also subscribed their
names to this Agreement of sale and purchase; and this said Agreement of sale and
purchase has been fully read, explained and translated to the said Chief Heke, and
to Rui, Edi and Gnowai wives of the deceased Toitapu for themselves severally and
jointly, and for their heirs, successors and assigns, as to the truth whereof the
said subscribing witnesses have witnessed.page 96
And for the said sale and purchase, the several
signatures or marks of the said Heke, Rui, Edi and Gnowai for themselves heirs and
successors, and the signatures of the subscribing witnesses have been, fairly,
justly and truly obtained without any fraud or collusion. In Witness whereof to
all and every part or parts of this Agreement sale and purchase the said several
parties have hereunto as witnesses severally set their signatures or marks of
their own free will and consent this 30 day of August 1833 a.d. according to the
custom of the people of the country of Great Britain. In addition to the above
price (2) two Blankets, and (1) one musket have been added in consequence of an
objection being raised as to one of the muskets not being capped, and two back
combs being withdrawn.
Heke (2 signatures).
Nephew to Toitapu
Witnesses to the payment, and who have also walked over the boundaries and
Signed Wm. Powditch.
Thos. S. Trapp.
We the undersigned have witnessed the payment of (5) five 9 ¼ blankets and
(500) five hundred pounds of tobacco to the chiefs of Kororarika, viz. Riwoa Moka,
Tarria, Akkiro, Kauwai, and Hara, for the land of the deceased Toitapu.
W. D. Brind, Commander, "Howard Castle."
Willm. Hindson, Master of "Cape Packet."
Received from Mr. J. S. Polack
one 25 lb. cask of Gunpowder for any claim the
undersigned may have on the said J. S.
’s land at Kororarika.
Heke, for Titori,
absent at Tauranga.
Witness to payment and signature—