28 Mar 2012

Leave of appeal granted to family who took body from marae

5:48 pm on 28 March 2012

The Supreme Court has granted leave for a Bay of Plenty family, who stole a relative's body from a Christchurch marae four years ago, to appeal against a ruling their action was unlawful.

James Junior Takamore lived in Christchurch with his wife and two children but shortly after his death in August 2007, other family members took his body back to Bay of Plenty and buried it in a Tuhoe family cemetery.

In November 2011 the Court of Appeal declared the action unlawful and ordered the case back to the High Court to seek a remedy between the two families.

The Bay of Plenty family then sought leave to appeal to the Supreme Court.

In a decision released Wednesday afternoon the Supreme Court said the family could appeal against the Appeal Court's ruling.

Gary Knight the lawyer for Mr Takamore's wife, Denise Clarke, told Radio New Zealand he had no comment at this stage.