KEY POINTS:
Progressive Party leader Jim Anderton wants clear procedures put in place that spell out what happens to a person after DEATH.
The Wigram MP, who is a senior cabinet minister, said today he had been helping the family of James Takamore, who was buried against the wishes of his wife and immediate family.
Police received a court order for disinterment in August but the case remains unresolved.
Mr Anderton said he was very concerned about the way the case had dragged on.
"No lessons are being learned. The experience of bodies being taken appears to be far too frequent and it is very upsetting to families at an extremely sensitive time," he said.
"What we are seeing is people who don't have the right to decide trying to over-ride the wishes of those who do."
Mr Anderton said the law was clear that it was up to the executor of a will to decide what happened to a body, and in the absence of a will it was up to the next of kin.
"It can get complicated when there is a dispute within a family," he said.
"But I am not convinced that these cases are happening where there are disputes between people with rival claims to decide."
Mr Anderton said it was an offence to improperly interfere with a body, and taking a body without entitlement seemed to be a breach of that provision.
He said he was seeking an explanation as to why the provision was not being enforced.
"I would also like to see tougher procedures to ensure a body is not finally disposed of without consent," he said.
Mr Anderton sought advice from Maori protocol expert Ranginui Walker.
"He advised that in a marriage between Maori of different tribes, the protocol is for the matter to be determined by negotiation between the bereaved family and the kin who take responsibility for funeral arrangements," Mr Anderton said.
Dr Walker also told him that when a pakeha spouse was involved, the spouse or next of kin had the final say over burial arrangements.
Mr Anderton has written to Police Minister Annette King asking her to refer the issue to the Law Commission.
- NZPA
