A five-year legal battle which pitted traditional Maori protocol against the common law has ended with the Supreme Court ruling a Christchurch woman can bury her late husband at a place of her choosing.
James Junior Takamore lived in Christchurch with his wife and two children, but shortly after his death in August 2007 other family members took his body back to Bay of Plenty and buried it in a Tuhoe family cemetery.
In November last year the Court of Appeal declared the Takamore family's action unlawful and ordered the case back to the High Court.
Mr Takamore's sister Josephine filed an appeal in the Supreme Court, which on Tuesday dismissed her claim.
A majority of the Court has ruled that under common law a deceased person's personal representative has the right and duty to take care of their burial, meaning Mr Takamore's widow, Denise Clarke, can bury her late husband at a place of her choosing.
However, the court also says outstanding issues should be taken back to the High Court for resolution before Ms Clarke can made a final decision.
Reaction to the court decision
The lawyer for the extended Takamore whanau, Moana Tuwhare, says the family is just learning about the Supreme Court ruling.
And Josephine Takamore says it will be a collective family decision about what to do next and she won't say if they will let her brother's body go.
Ms Clarke's lawyer, Gary Knight, says he will follow the advice of the Supreme Court, which says she should try and reach some understanding with the Takamore whanau.
Mr Knight, says he and his client will try to reach an agreement with the family.
He says if an agreement can't be reached, then the next step is for Ms Clarke to go to the High Court and obtain enforcement orders to exhume Mr Takamore's body.
