December 18, 2012
Supreme Court puts widow before iwi
The body of James Takamore could be on the move again.
The Supreme Court has ruled that the Tūhoe man’s partner Denise Clarke should be given the right to determine where he is buried.
After Mr Takamore died of an aneurism in Christchurch in 2007, his family took him from the funeral parlour and buried him next to his father at Kutarere Marae near Opotiki, citing Tūhoe tikanga.
Ms Clarke went to the High Court for a judgment that she could decide his burial place, but this was appealed by Mr Takamore’s sister.
Chief Justice Dame Sian Elias says neither party was entirely correct, but the choice Mr Takamore made to live in Christchurch with Ms Clarke for more than 20 years and have two children together weighed in her favour.
Ms Clarke’s lawyer says she will contact the Takamore whānau in the New Year to discuss moving the body, and she could go back to the high court for a removal order if agreement is not reached.
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