All three judges overseeing the appeal process ruled unanimously on the matter and have held that there is a common law rule under which personal representatives have both the right and duty to attend to the disposal of the body of the deceased.
When James Junior Takamore died suddenly in Christchurch five years ago his family in Kutarere wanted to have him buried in their family cemetery in the Eastern Bay of Plenty. Despite James Takamore’s partner, Denise Clarke and their son’s resistance to the idea James’ body was taken and buried in Kutarere.
After five years of court action the Supreme Court has thrown out the Takamore family’s appeal and ruled in favour of Denise Clarke who has sought to have James Takamore’s body disinterred from the Takamore family cemetery in Kutarere.
Theres been no comment so far from the Takamore family, Denise Clarke or the legal representatives for either party.