7 Aug 2009

Takamore family to appeal burial decision

8:28 am on 7 August 2009

A lawyer for the extended family of a Christchurch man, whose body was buried in the North Island against his widow's wishes, says they will appeal against a court ruling that the body be returned.

James Takamore's extended family faced a civil case brought by his widow, Denise Clarke, at the High Court in Christchurch last month.

Justice Fogarty ruled Ms Clarke should have legal possession of the body. However, he has not made a court order that Mr Takamore's body be disinterred, instead saying the two parties should enter into discussion to resolve the dispute.

A lawyer for James Takamore's extended family, Moana Tuwhare, says an appeal is being drafted, but has not yet been filed. She says it will seek clarification about whether Maori tikanga should apply in the case.

Ms Tuwhare says as well as drafting the appeal, the family is organising discussions with Ms Clarke to try to resolve the issue.

A lawyer for Ms Clarke, Gary Knight, says the parties are hoping to meet later this month.