✨ Land Cession Deed
382 Auckland Provincial Government Gazette.
Superintendent’s Office,
Auckland, 6th July, 1875.
THE following Correspondence is published, by direction of His Honour the Superintendent, for general information.
Reader Wood,
Provincial Secretary.
(1)
[Received at 11:45 a.m. 25th June, 1875].
Thames, 24th June, 1875.
Sir,—
I have the honor, by direction of Mr. James Mackay, to forward herewith Copy of the Deed of Cession of the Ohinemuri Block.
I have, &c.,
GERALD O’HALLORAN.
His Honour the Superintendent,
Thames.
ENCLOSURE.
This Deed made at Ohinemuri this eighteenth day of February 1875 Between His Excellency the Most Honourable George Augustus Constantine Marquis of Normanby Earl of Mulgrave Viscount Normanby and Baron Mulgrave of Mulgrave all in the County of York in the Peerage of the United Kingdom and Baron Mulgrave of New Ross in the County of Wexford in the Peerage of Ireland a member of Her Majesty’s Most Honourable Privy Council Knight Commander of the most distinguished Order of Saint Michael and Saint George Governor and Commander-in-Chief in and over Her Majesty’s Colony of New Zealand and its Dependencies and Vice-Admiral of the same (hereinafter called the said Governor) on the one part and the chiefs and people of the tribe Ngaitamatera of Hauraki Aboriginal Natives of the Colony of New Zealand (hereinafter called the grantors) of the other part WITNESSETH that in consideration of the covenants hereinafter contained and of the sum of Ten Shillings (10s.) paid by James Mackay the younger Government Land Purchase Agent on behalf of the said Governor to the Grantors (the receipt whereof is hereby acknowledged) the Grantors do and each of them doth hereby demise lease grant and assure unto the said Governor for “Gold Mining” purposes within the meaning of the Statute intituled “The Goldfields Act 1866” and the various amendments thereto or any Act for the regulation of Gold Mining for the time being in force within the Province or Colony ALL that piece or parcel of land containing by admeasurement one hundred and thirty-two thousand one hundred and seventy-five acres or thereabouts known or called the Ohinemuri Block as the same is more particularly described in the Schedule hereto and delineated on the plan drawn on the back of this Deed and coloured Red together with all the coal and other metals or minerals and all rights of way all water courses rights easements and all appurtenances thereunto belonging To HAVE AND TO HOLD the said Lands and Premises hereby demised leased granted or expressed so to be unto the said Governor his successors and assigns for such term as the said Governor his successors and assigns shall require to use the same for Gold or other Mining purposes subject to the conditions following namely:—
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Any person Mining for Gold or otherwise occupying any part of the said Ohinemuri Block shall be the holder of a Miner’s Right issued for the said Block under the Provisions of “The Goldfields Act 1866 or any Act for the regulation of Gold Mining for the time being in force within the Province or Colony.
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Any person mining for any metal or mineral other than Gold within the Ohinemuri Block shall pay a rent or royalty for the same equivalent to that prescribed by the Waste Lands Act for the time being in force within the Province of Auckland or Colony of New Zealand.
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Any person holding a Miner’s Right shall be entitled to cut timber (other than kauri) within the Ohinemuri Block provided such timber is used by himself for Mining and domestic purposes. Any person cutting timber for sale must be the holder of a Timber License duly authorizing him in that behalf for which he shall pay a fee of Five pounds for any area not exceeding twenty acres so occupied by him and all labourers employed by him shall be holders of Miners’ Rights.
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All kauri timber now standing on the Ohinemuri Block shall be sold in lots by public auction to the highest bidder subject to the right of any holder of a Miner’s Right to at any time purchase any trees required for Mining purposes for the sum or price of One pound five shillings for each tree.
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Gold Mining and Agricultural leases of lands situated within the Ohinemuri Block shall be granted on such terms and conditions as shall from time to time be prescribed by Regulations to be made in accordance with the Goldfields Act then being in force within the Province or Colony.
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Lands required for townships within the Ohinemuri Block shall be reserved and proclaimed. Any person occupying any allotment in such township for business purposes shall pay a business license fee of Five pounds annually. Any person occupying any allotment for residence shall pay a fee of One pound annually.
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Any person digging for kauri gum within the Ohinemuri Block or doing any act of occupation not herein specified shall be the holder of a Miner’s Right.
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Reserves for Native occupation and residence at Waihi and Mataora shall be set aside and proclaimed and such reserves shall not be subject to the provisions of the Goldfields Act.
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All rents royalties monies and fees (other than Registration fees) payable to the Receiver of Goldfields Revenue to be appointed for the Ohinemuri Block whether the same shall arise or accrue under the Goldfields Act or in accordance with the terms of this Deed shall be deemed to be the property of the Native owners of the lands comprising the said Ohinemuri Block subject to the repayment to the Colonial Treasury of the sum of Fifteen thousand pounds advanced on behalf of the said Governor to the Grantors by James Mackay the younger Government Land Purchase Agent and after the repayment to the Colonial Treasury of the said sum of Fifteen thousand pounds all such monies arising under this Deed shall be paid to the Native owners of the Ohinemuri Block Quarterly on the thirty-first day of March thirtieth day of June thirtieth day of September and thirty-first day of December in each year of the continuance of this Deed.
IN WITNESS whereof the Grantors have hereunto set their hands or made their marks and IN WITNESS of the consent of the said Governor on his part hereto the name of James Mackay the younger Government Land Purchase Agent is hereunto subscribed.
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✨ LLM interpretation of page content
🗺️ Publication of Deed of Cession of the Ohinemuri Block
🗺️ Lands, Settlement & Survey6 July 1875
Land Cession, Ohinemuri Block, Ngaitamatera, Gold Mining, Deed
- Gerald O’Halloran, Forwarded copy of the deed
- James Mackay, Government Land Purchase Agent
- Reader Wood, Provincial Secretary
- Gerald O’Halloran
🗺️ Deed of Cession of the Ohinemuri Block
🗺️ Lands, Settlement & Survey18 February 1875
Land Cession, Ohinemuri Block, Ngaitamatera, Gold Mining, Deed
- George Augustus Constantine Normanby (Marquis), Governor of New Zealand
- James Mackay, Government Land Purchase Agent
- James Mackay, Government Land Purchase Agent
Auckland Provincial Gazette 1875, No 36