Xtra News Community 2
March 29, 2024, 04:43:00 pm
Welcome, Guest. Please login or register.

Login with username, password and session length
News: Welcome to Xtra News Community 2 — please also join our XNC2-BACKUP-GROUP.
 
  Home Help Arcade Gallery Links BITEBACK! XNC2-BACKUP-GROUP Staff List Login Register  

Widow asks court to order body dug up

Pages: [1] 2 3   Go Down
  Print  
Author Topic: Widow asks court to order body dug up  (Read 963 times)
0 Members and 1 Guest are viewing this topic.
Lovelee
XNC2 GOD
*
Posts: 19338



« on: July 13, 2009, 10:04:59 am »

A family feud over the remains of a man who died two years ago will be heard in the High Court at Christchurch today.

James Takamore died in August 2007 after suffering a heart attack in Christchurch.

His whanau - acting against the wishes of his widow, Denise Clarke - loaded his body into a van and took it to the Bay of Plenty, where they buried him at Kutarere Marae, near Opotiki.

A bitter dispute has been raging ever since.

Ms Clarke is now seeking a court order to have her partner's body exhumed from the marae urupa (cemetery).

Last night, she said she was nervous about today's hearing, but was hopeful of a good result.

"It's been extremely hard. It's too much to even talk about it. But [we've] got lots of family support here and I certainly need it."

The controversy started in 2007, when Mr Takamore's mother, brother and sister arrived at a marae in Christchurch, where his body was lying in state, and said they wanted to take the body back to Kutarere.

An argument erupted between the whanau and Ms Clarke, who had arranged for her partner - the father of two children - to be buried in Christchurch, where the family had lived for almost 20 years.

Mr Takamore had written in his will that he wanted to be buried, but he did not specify where.

Despite Ms Clarke obtaining a court order to stop the whanau from burying Mr Takamore, they went ahead and interred him at the marae, next to his father.

Now the High Court will determine what happens to Mr Takamore's remains.

Members of his whanau arrived in Christchurch yesterday but family lawyer Moana Tuwhare said they would not comment until the hearing had finished.

IN DISPUTE

The story so far:

August 17, 2007: James Takamore dies after suffering a heart attack.

Weekend of his death: Mr Takamore's mother, brother and sister take his body to the Bay of Plenty.

August 21, 2007: Mr Takamore is buried next to his father at Kutarere Marae, Kutarere, near Opotiki, despite a court order stopping the burial. Police cannot enforce it.

November 2008: Mr Takamore's widow applies for a court order to exhume the body.

Today: Case to be heard in the High Court at Christchurch.

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10584069&ref=rss
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.

Share on Facebook Share on Twitter

Magoo
Guest
« Reply #1 on: July 13, 2009, 11:21:57 am »

Place your bets. Grin
Report Spam   Logged
guest49
Guest
« Reply #2 on: July 13, 2009, 12:11:25 pm »

Dunno, but my wife and her sister had to mount guard in shifts over my brother in laws body, to prevent it being stolen and taken up to northland, so I feel for the widow.
Report Spam   Logged
Calliope
Incredibly Shit-Hot Member
*
Posts: 3568


If music be the food of love, play on


« Reply #3 on: July 13, 2009, 12:13:12 pm »

I hope she wins
Report Spam   Logged

[W]hat the internet and its cult of anonymity do is to provide a blanket sort of immunity for anybody who wants to say anything about anybody else, and it would be difficult in this sense to think of a more morally deformed exploitation of the concept of free speech.
- Richard Bernstein in the New York Times
Magoo
Guest
« Reply #4 on: July 13, 2009, 12:14:42 pm »

I hope she wins too.   

Quote
Dunno, but my wife and her sister had to mount guard in shifts over my brother in laws body, to prevent it being stolen and taken up to northland, so I feel for the widow.
That must be stressful Yak.
Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #5 on: July 13, 2009, 03:08:45 pm »

Yep - I trust she wins. 

OO heck we arnt gonna influence anyone by expressing our opinions.
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
ssweetpea
Moderator
Absolutely Fabulously Incredibly Shit-Hot Member
*
Posts: 7433



WWW
« Reply #6 on: July 13, 2009, 04:27:13 pm »

The phrase "Over my dead body" has particular relivance in this case.

Essentially it doesn't matter what the dead man wanted. Something to bear in mind when writing a will.
Report Spam   Logged

The way politicians run this country a small white cat should have no problem http://sally4mp.blogspot.com/
Magoo
Guest
« Reply #7 on: July 13, 2009, 05:47:53 pm »

Quote
Something to bear in mind when writing a will.
Do you think a will would have made a difference?   
Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #8 on: July 13, 2009, 06:36:08 pm »

Quote
Something to bear in mind when writing a will.
Do you think a will would have made a difference?  

Good question - Ive met an instance where the will was about to be destroyed by the lawyer.
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
Magoo
Guest
« Reply #9 on: July 13, 2009, 08:07:56 pm »

Although I think what the family did was wrong it doesn't seem right to dig him up and move him  after 2 years.   
Report Spam   Logged
Calliope
Incredibly Shit-Hot Member
*
Posts: 3568


If music be the food of love, play on


« Reply #10 on: July 13, 2009, 10:39:29 pm »

Although I think what the family did was wrong it doesn't seem right to dig him up and move him  after 2 years.   

whats so different about digging him up and digging someone up for the tomb of the unknown warrior?
Report Spam   Logged

[W]hat the internet and its cult of anonymity do is to provide a blanket sort of immunity for anybody who wants to say anything about anybody else, and it would be difficult in this sense to think of a more morally deformed exploitation of the concept of free speech.
- Richard Bernstein in the New York Times
Magoo
Guest
« Reply #11 on: July 14, 2009, 07:01:29 am »

Quote
whats so different about digging him up and digging someone up for the tomb of the unknown warrior?
I see no  need for that either.       When is a final resting place a final resting place?    They are fighting over the ownership of a corpse.     There are unknown numbers of widows and widowers who lost their loved ones in battle whose bodies were never brought home and their memory was marked in other ways.

              My heart goes out to Denise Clarke but perhaps she needs to accept a deed foul done.
Afterthought edit.
If the only way the mother could get Mr Takamore to go home was in a coffin she has a very shallow victory.
« Last Edit: July 14, 2009, 03:23:08 pm by Magoo » Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #12 on: July 14, 2009, 10:00:50 am »

I doubt those sentiments strike home with the widow.

Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
Magoo
Guest
« Reply #13 on: July 14, 2009, 10:17:15 am »

I doubt they will either otherwise she wouldn't be in court.  She is bereft.  She didn't have a choice and he was taken from their ceremony.   One or the other of these women are going to have to let go and I do hope it doesn't have to be Ms Clarke.
Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #14 on: July 14, 2009, 02:59:00 pm »

Tuhoe custom is for burial in homeland, court told
Updated at 12:44pm on 14 July 2009

A relative of a Maori man whose body was taken to the North Island against his widow's wishes has told a Christchurch court it is Tuhoe custom that he be buried in his homeland.

James Takamore died in August 2007. His widow, Denise Clarke, is seeking a court order to have his body disinterred and returned to Christchurch for burial.

Henare Heremia, the partner of one of the defendants in the case, was part of a group that came to Christchurch to take Mr Takamore's body to the Bay of Plenty.

He told the High Court in Christchurch the group did so under guiding tikanga or customs.

Mr Heremia said that in Tuhoe custom the mother makes the decision on where someone should be buried and James Takamore's mother had decided his body would return.

Mr Heremia told the court that when a Tuhoe died he should return to the homeland to lie with his ancestors.

But he said the law had been used as a weapon to assail the whanau and it meant that James Takamore could not enjoy eternal rest.


http://www.radionz.co.nz/news/stories/2009/07/14/1245bbe0f046
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
AnFaolchudubh
Incredibly Shit-Hot Member
*
Posts: 3828


Faugh a ballagh!


« Reply #15 on: July 14, 2009, 08:13:29 pm »

Mr Heremia told the court that when a Tuhoe died he should return to the homeland to lie with his ancestors.

My Wife is 1/32 Tuhoe... wonder if anything happened to her would they come and grab her body?!
Report Spam   Logged

Stupid people are not an endangered species so why are we protecting them
R. S. OhAllmurain
Magoo
Guest
« Reply #16 on: July 14, 2009, 08:17:29 pm »

Quote
My Wife is 1/32 Tuhoe... wonder if anything happened to her would they come and grab her body?
Quote
Mr Heremia said that in Tuhoe custom the mother makes the decision on where someone should be buried and James Takamore's mother had decided his body would return.
If this is true to custom AnFaol then it would depend on your wifes family.
Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #17 on: July 14, 2009, 08:18:00 pm »

Mr Heremia told the court that when a Tuhoe died he should return to the homeland to lie with his ancestors.

My Wife is 1/32 Tuhoe... wonder if anything happened to her would they come and grab her body?!

Quite possibly, Anfaol.  Angry
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
AnFaolchudubh
Incredibly Shit-Hot Member
*
Posts: 3828


Faugh a ballagh!


« Reply #18 on: July 14, 2009, 08:32:34 pm »

Mr Heremia told the court that when a Tuhoe died he should return to the homeland to lie with his ancestors.

My Wife is 1/32 Tuhoe... wonder if anything happened to her would they come and grab her body?!

Quite possibly, Anfaol.  Angry

They'd have a fight on their hands Grin
Report Spam   Logged

Stupid people are not an endangered species so why are we protecting them
R. S. OhAllmurain
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #19 on: July 15, 2009, 05:35:02 pm »

Takamore case unique in legal history - defence
Updated at 3:16pm on 15 July 2009


The defence has begun its closing address in the case of James Takamore, who is buried in Bay of Plenty but whose widow wants his remains brought home to Christchurch.

The Tuhoe man died in August 2007 and family members took his body from Christchurch back to his birthplace for burial.

A defence lawyer representing some members of his family who took his body told the court the case is unique in New Zealand's legal history.

Jamie Fergusson said the issue was the way common law in New Zealand intersected with tikanga or traditional Maori custom.

Mr Fergusson highlighted the duty of the Crown to recognise tikanga, saying this decision would set a precedent for similar cases.

Phillip Allen, the lawyer for Mr Takamore's widow Denise Clark, said as the executor of Mr Takamore's estate, Ms Clarke should have had the final say on where he would be buried.

The hearing is expected to conclude today.


http://www.radionz.co.nz/news/stories/2009/07/15/1245bbf09cab
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
Kiwithrottlejockey
Guest
« Reply #20 on: July 16, 2009, 11:44:33 pm »


Report Spam   Logged
Newtown-Fella
Guest
« Reply #21 on: July 17, 2009, 01:43:15 am »

the Judge sets no date for delivery of his judgment ...

great judicial system in operation here ..... NOT !!


Burial dispute hearing ends with reserved decision

After a day of hearing legal argument, Justice John Fogarty has reserved his decision on the dispute over the burial of a Tuhoe Maori whose body and casket were whisked from Christchurch by his whanau.

James Takamore is now buried next to his father and among his kin at Kutarere Marae, near Opotiki, in the Bay of Plenty.

But his widow, Denise Clarke, has spent three days in the High Court seeking a court order to have the body disinterred and reburied according to her wishes as the executor and sole trustee of his will, at the Ruru Lawn Cemetery in Christchurch.

The hearing of evidence was finished on Tuesday and Justice Fogarty spent much of today hearing legal submissions from the counsel for the Takamore whanau in the North Island, Jamie Ferguson, and then Miss Clarke’s counsel Phillip Allan.

Mr Ferguson told the court he could find no record of any similar case in New Zealand’s legal archives dating back to the signing of the Treaty of Waitangi 169 years ago.

Justice Fogarty commented that he believed there was some likelihood that such a case could happen again, bearing in mind that New Zealand was becoming a more litigious society.

Mr Ferguson said the case concerned the interface between the common law principles that recognized the rights of trustees and executors, and the customs and practices of indigenous peoples.

Justice Fogarty set no date for delivery of his judgment.

http://www.courtnews.co.nz/story.php?id=2114
Report Spam   Logged
Magoo
Guest
« Reply #22 on: July 17, 2009, 08:13:47 am »

Quote
the Judge sets no date for delivery of his judgment ...
To soften the blow?
Surely if it is important to be buried with the ancestors then none of them should be buried in NZ.
Report Spam   Logged
Lovelee
XNC2 GOD
*
Posts: 19338



« Reply #23 on: July 17, 2009, 09:05:22 am »

No doubt he will be taking some advisement on this, at least theyve got it this far.
Report Spam   Logged

Laughter is the best medicine, unless you've got a really nasty case of syphilis, in which case penicillin is your best bet.
donquixotenz
Senator
Shit-Hot Member
*
Posts: 2335


STILL TILTING


« Reply #24 on: July 17, 2009, 09:17:23 am »

Judges often reserve their decisions in difficult cases where there are conflicts in precedents of lack there of to give them time to research an equitable solution that will stand.
This one is a verrrrry Hot Potatoe.
Generally decisions are made within 30 days.
Personally I think this body snatching is reprehensible and is based in mana theft especially when against the wishes of the deceased and their immediate surviving spouse and prodgeny and should be jumped on poste haste.
Report Spam   Logged

Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body.

But rather, to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming...

WOW, What a Ride!"

Please note: IMHO and e&oe apply to all my posts.

Pages: [1] 2 3   Go Up
  Print  
 
Jump to:  

Powered by EzPortal
Open XNC2 Smileys
Bookmark this site! | Upgrade This Forum
SMF For Free - Create your own Forum


Powered by SMF | SMF © 2016, Simple Machines
Privacy Policy
Page created in 0.055 seconds with 16 queries.