The Supreme Court this week released its
decision in Takamore v Clarke. The case related to the burial of James
Takamore, who died in 2007 and whose body was subsequently by members of his
whanau to be buried at Opotiki, against the wishes of his wife, who was the
executor of his will.
The Supreme Court case was an appeal from
the Court of Appeal where Mr Takamore‘s sister, Ms Josephine Takamore, had
argued that the burial of a Māori deceased is governed by Māori tikanga (the
customary practices of the Māori people) because Māori custom is a part of the
common law of New Zealand. She argued that the taking of Mr Takamore‘s body was
in accordance with Tūhoe burial custom.
The Court of Appeal confirmed that the executor of a will is entitled to
make the final decision about where the testator is to be buried. Josephine
Takamore appealed that decision but the Supreme Court has now dismissed her
appeal.
Natalie Coates, a lecturer in the Faculty
of Law at the University of Auckland, has prepared a very useful summary of the
Supreme Court decision for the Māori Law Review.
The full judgment is available at the Courts of New Zealand website.
