29 Jul 2009
CLARKE V TAKAMORE AND ANOR HC CHCH CIV 2007-409-001971
- Citation
- openlaw-d2ee9fa6_956d_422d_8fbf_5f71c10c3d3c.pdf
- Court
- High Court
On the facts the taking and burial at Kutarere was unlawful because the executor, Denise Clarke, had the prima facie common law right and duty to possession and disposal of the body and the deceased's life choices and expressed wish to be buried in Christchurch meant Tuhoe tikanga could not be applied to override the executor's decision in these circumstances; plaintiff entitled to possession and court remedies but practical obstacles to immediate disinterment mean remedies are adjourned and further applications are permitted.