Tuhoe protesters in Opotiki have put a halt to the planned exhumation of James Takamore despite a court ruling that his body must be returned and buried in Christchurch.
James Takamore died in 2007.
In 2007 the father of two died of a brain aneurism and was about to be buried in Christchurch, before Tuhoe relatives decided to take his body and bury it at his birthplace in Opotiki.
Ever since, partner Denise Clarke has been battling to have James' body dug up and buried in the South Island city.
Today at Kutarere Marae, near Opotiki protesters prevented contractors from exhuming James' body and police were called in for assistance.
Eastern Bay of Plenty Area Commander, Inspector Kevin Taylor, says the initial aim was for the disinterment to be carried out in a dignified and non-confrontational way.
But once it became clear tensions were escalating, and the contractor's safety was at risk, a decision was made stop the disinterment, says Kevin.
'The role of police from the outset has been to keep the peace.
'We have been liaising closely with the Court, the marae committee and all the parties involved to try to achieve a peaceful outcome.”
The opposition to the body's removal comes after Denise obtained a High Court judgement confirming her right to decide his burial place and ordering an exhumation in June this year.
The Court of Appeal upheld the decision but James's sister Josephine Takamore lodged an appeal in the Supreme Court on the grounds that Tuhoe tikanga, or customary protocol, should decide the location of burial.
The appeal was dismissed in December 2012.
But James' body remained at the marae following months of negotiations.
22 comments
Police don't uphold the law?
Posted on 08-08-2014 12:04 | By Murray.Guy
Eastern Bay of Plenty Area Commander, Inspector Kevin Taylor, says the initial aim was for the disinterment to be carried out in a dignified and non-confrontational way. But once it became clear tensions were escalating, and the contractor's safety was at risk, a decision was made stop the disinterment, says Kevin. 'The role of police from the outset has been to keep the peace." ... Sad. The Police don't have a role to ensure lawful actions are allowed to be carried out in accordance with a court direction.
?
Posted on 08-08-2014 12:15 | By Capt_Kaveman
why the ones the were causing the contractor distress be arrested?, for starters what kind of people steal a body and why did the police at the time stop it? if he wanted to be at CHCH then what biz it of hes sister to take over?
Police or Pussies?
Posted on 08-08-2014 12:26 | By Annalist
Well the next time the Police try to issue a ticket for speeding or arrest a burglar or face some law and order issue, the culprits just have to threaten to break the peace and maybe our brave boys in blue will back down? What a disgrace?
Uphold the Law
Posted on 08-08-2014 13:41 | By verandric
The police need to stop pandering to those who use bully-boy tactics. Get the numbers to protect the contractor and make arrests if necessary. This sort of carry on has to stop.
Gone too Far
Posted on 08-08-2014 14:00 | By carpedeum
For goodness sake- the deceased 's wife is the next-of-kin and knows her late husbands wishes ....... tell that other lot ot back off and let him rest in peace- as per his stated wishes.
Sad
Posted on 08-08-2014 14:09 | By penguin
The sad part of this saga is the reality that people are basically playing ping-pong with a person's remains. These belong to the partner as determined by the courts. Maori make big noises about sanctity of so many things yet have contradicted themselves with this amazing tug-of-war. It seriously questions their credibility over other issues. I also wonder why the police did not help enforce a court order. Maybe afraid of being 'un-PC?”
gosh
Posted on 08-08-2014 15:33 | By Tyraone
let the remains go to where the deceased wanted to go in the first place. so why the drama?
Outrage
Posted on 08-08-2014 15:47 | By The Observer
Time to stop this farce. Send in coppers on horses with long batons to deal with this rabble. That'll teach them to obey the law!
Unseemly
Posted on 08-08-2014 16:55 | By nerak
It seems to me that the one thing above all else here is the appalling sense of disrespect for the deceased person. Were any one of the protestors to put themselves in his place, how would they feel? Time to show some respect for your dead, sort it out and leave him in peace, wherever that may be. Bickering is unbecoming and distasteful. @ Annalist, not sure what speeding tickets has to do with this article, I note you mentioned them in another item, maybe you have been ticketed once or twice, or why the reference? If only you knew, the police do a fine job, many times under very difficult circumstances.
THIS WILL TURN BAD....
Posted on 08-08-2014 17:32 | By Badzac
If his whanau are staunch enough, some of them will die rather than let him go. For those of you making comments that have no knowledge of Maori Tikanga (customs) you will see the level of conviction that his family have....& what will his partner have achieved. Death...nothing more nothing less. She has the option of being part of his family, but by being stubborn (regardless of the deceased wishes....she will be the cause of more death. i know if it was my father, i would gladly sacrifice my life in the same circumstances. And to the people that make sarcastic racist comments on these pages....i dare you to go & make those same remarks to their faces. But you won't.....no keyboard to hide behind.
obey
Posted on 08-08-2014 19:25 | By peecee09
Obey the law of our country.
Where is the Law
Posted on 08-08-2014 21:33 | By The Caveman
The simple fact is that the Courts have determined that the person/body should be moved to another location……… Those currently obstructing the court decision are in effect in Contempt of a Court Order. The simple answer is that the POLICE (as 'officers of the court” need to move in with sufficient numbers to ensure that either the court order is complied with, or those obstructing the court order are ARRESTED. Oh sorry, we have a problem in that the objectors are exempt from Court Orders unless it suits them …………………………………….
@badzac
Posted on 09-08-2014 05:00 | By Sambo Returns
so are you saying that there are 2 x sets of laws in this country?.
RIP
Posted on 09-08-2014 08:59 | By Calm Gully
Please let poor James Rest in Peace, where HE wanted to be buried. Circumstances change in life and family move away. James will always be around everyone who loves him. So stop protesting and let him go! One day Tuhoe will need Police assistance and Police will have to back off helping them too. Karma. Police can only do so much, people just need to do the right thing! Please.
DISGUSTED with the Pol ice Withdrawal!
Posted on 19-08-2014 15:27 | By Mary Faith
I am DISGUSTED with the lack of action on the part of the police! NZ law it seems is toothless in the face of the pack mentality exhibited by Maori. This sets a dangerous precedent - Maori can flout the law anytime, anywhere - just call in the troops and blackmail the government. It is called ANARCHY! Police should have arrested the whole mob - they have tear gas and tasers! So much for one law for all! I notice Robin Bell's silence indicates he has 'run for the hills' in this instance!
ANOTHER EXAMPLE OF SEPARATISM
Posted on 20-08-2014 11:17 | By Jeromy Murkin
Education,Health, Housing, Welfare, Television, sports teams,and the biggest and most "dangerous" separatist system the law,yes the separatist legal system. Examples lately the "kings" son, trout poachers in Roturua saying NZ law has no "jurisdiction" to deal with them, here we have a clear "NZ" court ruling on the case of James Takamore, the recent probe into the national Kohanga Reo, people there even admitted they misused money for their own benefits,and then it gets down right dangerous in the case of the Kahui twins murder where police did not go into the house straight away because of "cultural" practises when they did all forensic evidence had been destroyed then the so called "tight 5" got together and what should have been a straight forward investigation turned into an act of biblical proportions, what is really so bad about everyone just being treated "equally"??.
Lets face it MaryFaith,
Posted on 27-08-2014 08:44 | By robin bell
where Maori issues are concerned,you are easily disgusted.I have not commented on this issue,because it is the business of the family,no one elses.I also have sympathy for all parties,unlike you.That James did not foresee this problem is unfortunate.There will be no 'winners'only losers,a family split by cultural difference.Communication,compromise and common sense are whats required.Not mindless,endless criticism.The Police do not 'enforce'lower court orders.The people involved were not protesters,as portrayed in the above article.They are grieving family members,caught between two cultures.Grow up Mary. Robin Bell.
Lets face it MaryFaith,
Posted on 27-08-2014 08:44 | By robin bell
where Maori issues are concerned,you are easily disgusted.I have not commented on this issue,because it is the business of the family,no one elses.I also have sympathy for all parties,unlike you.That James did not foresee this problem is unfortunate.There will be no 'winners'only losers,a family split by cultural difference.Communication,compromise and common sense are whats required.Not mindless,endless criticism.The Police do not 'enforce'lower court orders.The people involved were not protesters,as portrayed in the above article.They are grieving family members,caught between two cultures.Grow up Mary. Robin Bell.
Posted on 29-08-2014 10:00 | By Jeromy Murkin
In the Supreme Court decision, the Chief Justice focussed on the "inconsistency" of tribal custom. Mr Jim Takamore chose to live outside tribal life and the customs of his tribe. Under the common law he was entitled to expect the choices he made during his life to be respected by the executor of his will when it came to the decision as to his funeral. This is even more so because he chose as the executor of his will his life-long partner. He has personal rights as a New Zealand subject to the benefits of the common law of New Zealand. The collective will of the T?hoe cannot be imposed upon his executor and over his body, unless he made it clear during his life that he lived in accord with Tuhoe tikanga, Judge Fogarty said he will not let his ruling be "flouted". Really, then whats happening here??.
It is very interesting,
Posted on 29-08-2014 15:21 | By robin bell
that when it suits crazy/murkin acknowledges 'choice'. If your re-read the above article you will see,that negotiations are ongoing. My sympathy lies with Denise also, but I know how powerful tikanga is with many Maori.James' body lay unattended in Christchurch,a clear breach of tikanga,for his family.Sympathy should also be felt for his birth family,who also have 'rights' and want him to lay with his ancestors.To them that is very,very important.I think you and I should butt out of this one murkin. Robin Bell.
Mr Bell
Posted on 31-08-2014 08:31 | By Mary Faith
Have you considered standing as a candidate for the Maori party - voice for 'the People' and all that? One would never believe that you were actually born in England!
MaryFaith,
Posted on 01-09-2014 08:53 | By robin bell
No I havn't.Not into Party Politics you see,far too miserable for me.Mind you,I think I could have heaps of fun with Tama.Him all tattooed up,and wearing his tutu,and me with my knobbly knees wearing my Kilt,walking hand in hand up the steps of Parliament.Might even bring a smile to your countenance Mary. Robin Bell.
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