6 Mar 2017
BIDDLE v POOLEY [2017] NZHC 338
- Citation
- [2017] NZHC 338
- Court
- High Court
On a full assessment of circumstances, including that tikanga was observed at burial, the deceased had not clearly communicated binding burial instructions to others, exhumation would breach tikanga and cause significant distress and cost, and the taonga had been entrusted to the parents and held on trust with guardianship rights; accordingly the administrator was not entitled to order exhumation nor to take control of the taonga and the plaintiff's claims were dismissed.