The Supreme Court will decide who has the final say on where the body of a man whose family stole his body and took it to his ancestral home should be buried.
James Takamore was 55 when he died suddenly of an aneurism in 2007.
He was originally from Taneatua, in Bay of Plenty, but moved to Christchurch with partner Denise Clarke 20 years before his death. The couple had two children.
Mr Takamore had specified in his will, of which Ms Clarke was executor, that he wanted to be buried but did not say where.
Despite him returning to the North Island only twice in 20 years, his family decided he should be buried on the family marae, in accordance with Tuhoe custom.
However, Miss Clarke had intended him to be buried in Christchurch.
In 2009 the High Court ruled that the Takamore family had taken the body unlawfully and that Miss Clarke was entitled to make the final decision on where he should be buried.
However, Mr Takamore's sister, Josephine Takamore, went to the Court of Appeal and argued that the burial of a Maori was governed by tikanga (customary practices), and that taking Mr Takamore's body was in accordance with Tuhoe burial custom.
After a four-year struggle, the Court of Appeal last November released its decision, siding with Miss Clarke and ordering the matter back to the high court "to deal with the question of remedy''.
I've been meaning to comment on the awful decision from the Court of Appeal, but I've never got the time. I hope to comment on the case in the next week. In short, the decision shows little judicial imagination combined with bucket loads of disrespect for tikanga Maori. Don't, however, rejoice that the appeal to the Supreme Court has succeeded. The current bench, with the exception of the Chief Justice Elias, is equally hostile to tikanaga Maori. Anyway, expect comments here some time next week.
Why should the view of his tribe prevail over his wishes (in his will) and the wishes of his wife?
ReplyDeleteIn the same vein, is there anything a son of Te Urawera could do to while alive to prevent this happening to him once dead?
ReplyDeleteIt is one thing for Pakeha laws to claim Tuhoe land and impose Pakeha kawanatanga on Tuhoe. Tuhoe must resist Pakeha imposing their tikanga over Tuhoe tikanga. It has to be the final line in the sand.
ReplyDeleteKi a au nei, e kore te Koti Hupirimi e aro ki tono kia whaia nga tikanga o Tuhoe. He mea harangotengote te tini i te tirohanga a te ture ki nga take Maori. Ko te raru i konei, ko te mahi a te whanau o Takamore. Ahakoa te kaore te wahine a Takamore i huitahi me tona whanau, kaore e kore ka whakahe te Koti i te kawhakina atu o te tupapaku. Ehara tenei i te wa tika, ehara hoki tenei i te take tika, kia whaia i te Koti Hupirimi. Mehemea ka hinga ki reira, ka roa e noho pera te ture, ara, ko ta te ture, kia kaua e whai i nga tikanga Maori. Ki te mea e hiahia ana kia takoto tonu a Takamore ki roto i tona ake whenua kei te mohio te whanau me aha. Ehara i te mea ko tenei te wa tuatahi kua awangawanga te whanau ka raweketia te tupapaku. Hei tauira me titiro ki a Te Rauparaha, ki a Titokowaru, ki a Hohaia hoki i enei ra nei.
ReplyDeleteI disagree. It should be the choice of the deceased if he/she wants to follow Tikanga Maori or Tikanga Pakeha in their burial.
ReplyDeleteTuhoe tikanga should not override someone who has obviously made the opposite choice.
Kia Ora. I kinda agree it should be the individuals choice. I for one would be spewing if I said I wanted to be buried in my adopted home town, wrote it in my will, organised it with the wife.
ReplyDeleteThen my wider whanau kidnaps my body from the funeral home and my wife to bury me at Taupiri. Those are not my wishes. I would be greatly honored by a burial at Taupiri but if I want to be buried in my hometown, that is my decision.
I don't like the breaking in to the funeral home and kidnapping the body from a grieving wife aspect. I consider it dishonorable!
However, if Takamore had left a will/instructions he wished to be buried with his Tuhoe ancestors and the body was removed, that is a different story.
What do you reckon Morgan? I am very open to discussion on these points.