Index		Contact: Dawn Chambers

Matakohe Island, Whangarei, NZ
Involvement of John Chambers, Ironmonger, Auckland

Land Information New Zealand Auckland: Document 75954
Assignment of Matakohe Island to Chambers & others from John 
Denniston received 1pm 14 Jun 1882
[Index 2B 447; Deed R3 p10]

This deed made the 27th day of January 1882 between John DENNISTON of 
Auckland in the Provincial District of Auckland mining engineer 
hereinafter called the "Vendor" of the one part and Decimus ATKINSON 
Gentleman John CHAMBERS ironmonger and Edwin MITCHELSON merchant
all of Auckland aforesaid hereinafter called the "Purchasers" of the 
other part. Whereas under .. by virtue of a lease in agreement 
contract for a lease or other instrument hereinafter referred to as 
"the said lease" bearing date on or about the 20th day of August 1881 
made between John Adams EDWARDS of Whangarei solicitor and shipbuilder 
and the vendor John DENNISTON of Auckland mining engineer relating to 
Limestone Island and the lessees Stone and clay ... and a copy which 
in ... annexed a term of 19 years from the date of the said lease is 
... in the ... and whereas in consideration of the 100 pounds the 
vendor has agreed in his own behalf and also on behalf of the Company 
referred to in the said lease to sell ... and transfer to the 
purchasers the said lease and the term of years therein mentioned and 
all ... of such lease and all in the ... right title ... claim and 
demand whatsoever the vendor herein and thereto free from all 
incumbrences from this deed. Witnesseth that in consideration of the 
sum of the 100 pounds paid by the purchasers to the vendor (the 
receipt whereof is hereby acknowledged) he the vendor in his own 
behalf and also in behalf of the said Company doth hereby assigns to 
the purchasers all and singular the property whatsoever referred to 
comprised in .. by the said lease including (inter alia) the stone 
clay and cement - John DENNISTON - cement rock in Limestone Island 
near Whangarei in the said Provincial District delineated by the plan 
drawn herein and the rights liberties and priviledges granted by or 
mentioned or referred to in the said lease and also the said lease and 
the terms of 19 years therein mentioned or referred to and the option 
of purchasing the said island and generally the full benefit and 
advantage of the said lease and all its provisions and all the ... 
right to the interest term of years property claim and demand
whatsoever of the vendor or the said Company ... upon the premises to 
hold unto the Purchasers absolutely and the purchasers jointly and 
severally covenant with the Vendors that the Purchasers will 
henceforth pay the rent reserved by the said lease and ... covenants 
and conditions imposed thereby upon the lease and ... indemnify the 
vendor against the same. In Witness thereof the parties whose
presents have hereunto .. their hands this day.. above mentioned.
John DENNISTON
D. ATKINSON

Signed by the said John DENNISTON John CHAMBERS and
Edwin MITCHELSON in the presence of C. F. RICHMOND
law student Auckland.


Land Information New Zealand Auckland: Document 74578
Lease for Matakohe Island received 10am 27 Mar 1882
[Index 2B 447; Deed 34M p882]

This deed made the 24th day of March 1882 between John Adams EDWARDS 
of Whangarei in the provincial district of Auckland farmer hereinafter 
called the "Lessor" of the one part and John CHAMBERS ironmonger and 
Edwin MITCHELSON merchant both of Auckland in the said provincial 
district hereinafter called the "Lessees" of the other part witnesseth 
that the lessor doth hereby demise and lease unto the lessee all that 
piece or parcel of land mentioned and described or referred to in the 
schedule hereto and delineated by the plan drawn hereon and therein 
... with all the buildings thereon and all the rights and 
appurtenances thereto belonging to hold unto the lessees for the term 
of nineteen years from the first day of January 1882 yielding and 
paying therefor and for the rights and liberties hereby granted the 
yearly rent or sum of seventy pounds during the first two years of the 
said term and during the remainder of the said term the yearly rent or 
sum of ninety pounds free from all rates taxes and assessments such 
rent to be payable half yearly on the first day of January and the 
first day of July in every year the first of such payments to be made 
on the first of July next and it is hereby agreed and declared by the 
parties hereto as follows 

1. In the construction of these where not inconsistent with the 
context or subject matter the terms "Lessor" and "Lessees" shall be 
deemed to include the heirs executors administration and assigns of 
such persons respectively. 

2. The Lessees shall have and the lessor thereby grant to them during 
the said term full free and exclusive right and liberty to search for 
get and make merchantable and remove carry away and dispose of all or 
any of the clay limestone chalkmarl and cement rock fireclay stone and 
all other minerals or metals of whatever kind is under or upon the 
said land and generally to use and make convenience of such minerals 
or metals in applying them to the manufacture of cement or the
burning and manufacturing of firebricks common bricks and roach lime 
and any other manufacture of whatever kind that may be undertaken by 
the Lessees and also to make pull down remove or rebuild any wharves 
or landing stages and also any buildings or erections on the said land 
of any kind whatsoever with full power to remove or pull down the 
buildings now upon the said land and make use of the timber thereof as 
the lessees shall think fit and also to make roadways tramways and 
other means of transport and communication and also to make 
excavations and sink pits shafts and bore holes and make all 
quarryings that the Lessees may deem expedient provided always that 
such excavation pits shafts and quarrying shall be fenced with a view 
to prevent damage or accident to any sheep or cattle of the Lessor 
that may be depasturing on the said land and also to make use as fully 
as the Lessor might or could of the foreshore or land adjoining the 
sea at all times for the purpose of any manufacturing industry which 
the lessees may carry on and full power generally to the Lessees to
do all other lawful acts which may be by ... deemed expedient needful 
or convenient for effectuating that purpose aforesaid or any of them 
or for any object ancillary thereto. 

3. In case the chalk clay limestone chalkmarl or other materials used 
in or applied to the manufacture conducted by the Lessees shall in the 
opinion of the Lessees become exhausted or unworkable at a profit the 
lessees shall be entitled to determine the said term and to surrender 
this lease at any time and shall be released by the Lessor from all 
such liabilities and obligations thereunder upon giving to the Lessor 
six months previous notice in writing of their intention to surrender 
this lease or determine the said term. 

4. In the event of the lessees surrendering this lease as herein 
before mentioned they shall be entitled to have the full use and 
occupation of the demised property for the space of one year after the 
determination of the said term free of rent for the purpose of 
removing selling or otherwise disposing of any cement common bricks 
firebrick or roads laid that may have been burnt or manufactured and 
any clay chalkmarl or limestone that may have been dug out or won 
during the said term. 

5. The Lessees shall have the option or right of purchasing the fee 
simple of the demised property free from all incumbrences at any time 
before the expiration of one year from the date hereof at the price of 
1500 pounds but if the Lessees shall desire to exercise such option or 
right they shall give to the Lessor one calendar month previous
written notice thereof. 

6. In addition to the above option or right it is agreed that if the 
Lessees do not exercise the foregoing option or right to purchase yet 
if the Lessor shall at any time during the said term after the 
expiration of one year from the date hereof desire to sell the fee 
simple of the demised property the lessees shall have and be entitled 
to the first options and preemptive right of purchasing the same at 
the price of 1500 pounds and before any sale of the demised property 
shall or can be made by the lessor during the said term he shall first 
make a written offer thereof to the Lessees at the price aforesaid 
allowing them six calendar months after the receipt of such offer to 
accept or refuse it. 

7. Any notice or offer hereunder may be served personally or be left 
for the person or persons for whom it is intended at his or their last 
known place of business or abode in the Provincial District of Auckland. 

8. The Lessor shall have the right of pasture for cattle and live 
stock over such portions of the said land as shall not be actually in
use by the Lessees. 

9. The Lessees and their servants shall not shoot hunt or otherwise 
disturb or destroy the same on the said land or keep dogs on the said 
land without the permission of the Lessor. 

10. If the rent hereby reserved shall be in arrear or unpaid for the 
space of one year after any of the days herein before provided for 
payment thereof then it shall be lawful for the Lessor at any time 
after the expiration of such period to enter upon the demised property
or any part thereof and to determine the term hereby created for 
witness whereas the parties to these presents have hereunto set their 
hands.

John Adams EDWARDS
Jno. CHAMBERS
Edwin MITCHELSON

Signed by the said John Adams EDWARDS in the presence of
Charles TOTHILL estate agent Whangarei

Signed by the said John CHAMBERS and Edwin MITCHELSON in
the presence of C. F. RICHMOND law student at Auckland.

The schedule:

All that piece of land in New Zealand containing by admeasurement
93 acres more or less being known by the name of Matakohe
Island and being allotment number 214 of the parish of Ohiwa
in the County of Marsden bounded on all sides by high water
mark on the shore of the said Island.


Land Information New Zealand Auckland: Document 95641
Assignment of Matakohe Island from Chambers to Rutherford received
11am 8 Sep 1885
[Index 2B 447; Deed R16 p363]

This deed made the 27th day of March 1885 between John CHAMBERS in the 
annexed deed of lease ... of the first part Edwin MITCHELSON in the 
said annexed lease also described of the second part and Marion 
ATKINSON of Birkenhead near Auckland widow of the third part and John 
Schaw RUTHERFORD of Auckland gentleman of the fourth part whereas
under and by virtue of the annexed deed of lease the said John 
CHAMBERS and Edwin MITCHELSON are seized of the hereditaments and 
premises in the annexed lease described as lessees and whereas doubts 
have arisen whether one Decimus ATKINSON was not entitled to and 
possessed of an interest in the said premises under and virtue of a 
Deed of Assignment dated the 27th day of July 1882 and registered as 
number 75954 and of an agreement for lease recited in the said Deed of 
Assignment and whereas the said Decimus ATKINSON died on or about the 
23rd day of October 1884 and probate of his will was granted to the 
said Marion ATKINSON by the Supreme Court of New Zealand on the 17th
day of December 1884 and such probate was registered as number and 
whereas the said John CHAMBERS and Edwin MITCHELSON have sold their 
interest in the said premises to the said John Schaw RUTHERFORD and 
have requested the said Marion ATKINSON to  ... these presents for the 
purpose of more effectually assigning the same to the said John Schaw 
RUTHERFORD which she has consented and agreed to do now this said 
witnesseth that in consideration of the sum of 245 pounds paid by the 
said John Schaw RUTHERFORD to the said John CHAMBERS and Edwin 
MITCHELSON (the receipt whereof is hereby acknowledged) they the said
John CHAMBERS and Edwin MITCHELSON do and each of them doth hereby 
assign unto the said John Schaw RUTHERFORD all those the hereditaments 
and premises particularly described in the schedule to the said here 
unto annexed deed of lease and all the Estate right title interest
claim and demand whatsoever of them the said John CHAMBERS and Edwin 
MITCHELSON or either of them in to and upon the said premises or any 
part thereof together with all presumption rights of purchasing the 
said premises and all other ... rights and appurtenances unto the said 
premises appertaining and vested in them ... said John CHAMBERS and 
Edwin MITCHELSON or either of them under or by virtue of the said 
annexed deed of lease or otherwise and the said Marion ATKINSON for 
the better and more effectually ... the same to the said John Schaw
RUTHERFORD in consideration of the sum of five shillings paid to her 
by the said John Schaw RUTHERFORD (the receipt whereof is hereby 
acknowledged) doth hereby (by way of Conveyance and not of warranty of 
title) assign rafity and confirm unto the said John Schaw RUTHERFORD 
the said hereditaments and premises and all her estate and interest
therein whether derived under or by virtue of the herein before 
mentioned deed number 75954 and the agreement therein recited or 
otherwise to have and to hold the hereditaments and premises hereby 
assigned or expressed or intended so to be unto the said John Schaw 
RUTHERFORD his executors administrators and assigns for all the 
residue now unexpired of the said term of 19 years subject to the 
rents reserved by the said annexed deed of lease and the covenants and 
conditions therein contained or thereby implied and which henceforth 
on the part of the lessee ought to be observed and performed and the 
said John Schaw RUTHERFORD doth for himself his executors 
administrators and assigns covenant with the said John CHAMBERS Edwin 
MITCHELSON and Marion ATKINSON and each of them and their respective 
executors and administrators that he the said John Schaw RUTHERFORD 
his executors administrators and assigns will at all times hereafter
during the remainder of the said term of nineteen years pay the rent 
reserved by the said deed of lease and observe and perform all the 
covenants and conditions contained or implied in the said deed of 
lease and henceforth on the part of the lessee to be observed and
performed and will at all times hereafter keep indemnified the said 
John CHAMBERS Edwin MITCHELSON and Marion ATKINSON and their and each 
of their executors and administrators and their estates and effects 
from and against the payment of the said rent and the observance and 
performance of the said covenants and conditions and from and against 
all actions suits claims and demands whatsoever for or on account of 
the same or in anywise relating thereto and it is hereby declared that 
no covenants shall be implied in this deed as against the said Marion 
ATKINSON save and except that she has not encumbered. In witness 
whereof the parties have hereunto subscribed their names

Jno. CHAMBERS
Edwin MITCHELSON
Marion ATKINSON

Signed by the said John CHAMBERS and Edwin MITCHELSON
in the presence of Albert DEWES solicitor Auckland

Signed by the within named Marion ATKINSON in the presence
of Hugh ATKINSON clerk Bank of NZ Auckland.

The deed of which the above is a copy is annexed to the
deed registered no. 74578 recorded in 34M 882.