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THE NEW ZEALAND GAZETTE.
[No. 29

Application to the Validation Court under “The Native Land (Validation of Titles) Act, 1893.”

IN THE VALIDATION COURT, HOLDEN AT AUCKLAND.

In the matter of “The Native Land (Validation of Titles) Act, 1893,” and its amendment; and in the matter of the blocks of land situated at or near Whangapoua, in the District of Coromandel, in the Provincial District of Auckland, and known respectively as Pungapunga No. 1, Pungapunga No. 2, and Pungapunga No. 3.

A. THE TRUSTEES, EXECUTORS, AND AGENCY COMPANY (LIMITED), being a company duly incorporated under an Act of the Parliament of the Colony of Victoria known or cited as “The Companies Statute, 1864,” is the applicant.

B. The applicant desires to appear before the Validation Court, Auckland, to ask for relief, on Monday, the 13th day of May, 1895, at 10 o’clock in the forenoon, or at the first sitting of the Court thereafter.

C. The nature of the several transactions proposed for validation are—
An instrument or deed, bearing date the 12th day of December, 1879, made between Hamiora Mangakahia, Peneamene Tanui, and Pane Tarori, of the one part, and Albert Walker and Robert Charles Greenwood of the other part; and an instrument or deed bearing date the 7th day of September, 1880, and made between the said Hamiora Mangakahia (who executes for himself and as trustee for Hamiora Whakakoro), Peneamene Tanui (who executes for himself and as trustee for Tahere Ramui), and Pane Tarore, of the one part, and the said Robert Charles Greenwood of the other part; transferring and assigning kauri and other timber trees, timber, logs, forest, and bush, and granting for the term of twenty-one years from the 12th day of December, 1879, rights to enter and cut down, remove and carry away, and dispose of kauri and other things as aforesaid; and also rights to make, form, and erect paths, roads, tramways, buildings, pits, booms, dams, bridges, and wharves; and to drive timber and divert streams and watercourses; and also other rights and powers incidental to the enjoyment and use of the matters and things transferred, assigned, or granted, or intended so to be by the said deeds, in consideration of the sum of £2,000.

D. The interests and rights and privileges which were intended to be alienated and granted were all the growing and standing timber on the Pungapunga No. 1 Block, and the right of entry and other rights hereinbefore mentioned. The titles under which the said lands were held at the time of the said alienation were orders for the issue of memorials of ownership under “The Native Land Act, 1873.”

E. The estates, interests, and rights in the said blocks which the applicant seeks to obtain by the aid of the Court are the absolute right to all the timber growing and being upon Pungapunga No. 1, with the full right to cut down and remove the same, together with the full and free right to exercise and enjoy the easements, rights, and privileges expressed to be conferred and granted by the said instruments or deeds, for all the unexpired portion of the term of twenty-one years created by the said instruments or deeds, and for such further period or term as will be equivalent to the period during which the exercise of the interests, rights, and privileges intended to be alienated or granted was hindered or prevented.

F. The manner in which the persons through whom the applicant for validation came to be invested with the title it now holds became entitled and the date and particulars of each transaction, are as follow:—

G. The address for service of the applicant in the City of Auckland, where notices, orders, or other documents may be served, is at the offices of Russell and Campbell, solicitors, situated in Wyndham Street, Auckland.

H. The applicant desires that all persons claiming to be interested in the said lands, and all persons claiming through them, shall be bound by the decree of this Court, and requires that copies of this application shall be served upon the said Hamiora Mangakahia, residing at Whangapoua, who claims to be entitled to succeed to the interest of Pane Tarore, now deceased; Peneamene Tanui, of Mercury Bay; Hamiora Whakakoro and Tahere Ramui, both of Whangapoua; Frederick Earl, of Auckland, solicitor, who claims to be a purchaser of the interest originally awarded to the said Mangakahia; the National Bank of New Zealand (Limited), at Auckland, the mortgagee of the interest of Hamiora Mangakahia; claiming to have been acquired by the said Frederick Earl; the District Land Registrar at Auckland; and the Kauri Timber Company (Limited), a company registered and incorporated in the Colony of Victoria under “The Companies Statute, 1864,” whose chief office in New Zealand is situated in Customs Street West, in the City of Auckland.

Dated at Auckland, this 29th day of March, 1895.

THE TRUSTEES, EXECUTORS, AND AGENCY COMPANY (LIMITED)
(By their Solicitors and Agents,
RUSSELL AND CAMPBELL).

To the Registrar of the Validation Court, Auckland.

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