The Supreme Court has been told the family of a man whose body was removed from a Christchurch marae to be buried in the Bay of Plenty believe his body should remain where it is.
The Takamore whanau has appealed a Court of Appeal ruling that they unlawfully removed the body from Christchurch.
James Takamore died in 2007 and his immediate family intended burying him in Christchurch.
However, shortly after his death his whanau took him back to the Bay of Plenty for burial in accordance with Tuhoe tribal tikanga or custom.
The lawyers for Mr Takamore's partner, Denise Clark, told the Supreme Court on Wednesday they have no issue with the whanau's wishes being taken into account, but they should not over-rule Ms Clark's duties as executrix of Mr Takamore's estate.
However the whanau's lawyer said the burial in accordance with tikanga trumped any rights Ms Clark might have.
The court has reserved its decision.