A lawyer representing the Bay of Plenty family of a Christchurch man, says the whanau wants the Supreme Court to decide on the legality of their actions.
In August 2007 James Takamore died in his fifties in Christchurch.
Before the funeral his family turned up and made a tono or claim on the body.
They took it away to be buried at a Tuhoe family cemetery near Opotiki.
Last month the Court of Appeal decided their actions were unlawful, and referred the case back to the High Court to work out a solution between the families.
A lawyer representing Mr Takamore's sister, Josephine Takamore, says the family made a decision this week to seek a ruling from the Supreme Court.
Jamie Ferguson says the option they've chosen will give them time over the festive season, to talk with extended family members about the issue.