A landmark civil court case has found that urban Maori should not necessarily be subjected to the custom of being buried on tribal land.
The body of Christchurch man James Takamore was taken against the wishes of his widow to Opotiki for burial on a marae by his Tuhoe relatives.
Denise Clarke took a civil case against members of Mr Takamore's family in the High Court at Christchurch earlier this month.
On Thursday, Justice Fogarty ruled that she should have legal possession of the body. However, he did not make a court order that Mr Takamore's body be disinterred, saying instead that he "invites" the Takamore family to make those arrangements.
Justice Fogarty said it was clear Mr Takamore did not live by Tuhoe rules and therefore its customs did not apply to him.
John Tamihere of the National Urban Maori Authority agrees that the mana of the individual must now come first.
Ms Clarke said her husband wanted to be buried in Christchurch, where he had lived for more than 20 years.
Ms Clarke's lawyer, Gary Knight, says each side has developed a great respect for the other's point of view.
But Mr Knight says she can now go back to the court to have her wishes enforced if an agreement cannot be reached.
