Ownership of tupapaku

Abstract

In August 2007, James Takamore died in Christchurch. Takamore was a member of Whakatohea Iwi from the East Coast of the North Island. His will did not state where he wished to be buried. A dispute arose between Takamore’s whanau, ie his mother, brother and sister, and his pakeha partner of over 20 years and their children, as to where he should be buried.On the second day of the tangihanga in Christchurch, Takamore’s body was taken from the marae by his mother and siblings and buried the next day in the whanau urupa (cemetery) at Kutarere in Opotiki. A court order that the burial not proceed and ordering police to take custody of the body was not enforced, local police fearing violence if they tried to stop the burial. A licence issued by the Ministry of Health enabling police to exhume the body was also not enforced, police choosing to encourage mediation between the parties instead.