KEY POINTS:
A Christchurch widow seeking the return of her husband's body from his whanau has taken her fight to the High Court.
James Takamore, 55, died of a heart attack in Christchurch last August and was set to be buried in the city where he had lived with his wife Denise Clarke and their children for nearly 20 years.
But his mother, sister and brother came and took the body back with them to Whakatane to be buried beside his father at the Kutarere Marae.
Ms Clarke obtained a court order to halt the interment but police were unable to enforce it.
The Ministry of Health then issued a disinterment licence but a ministry spokesman said it was "subject to further direction from the High Court".
Ms Clarke has now applied for a court order forcing Mr Takamore's family to return the body, The Press reported today.
As executrix of her husband's will, Ms Clarke said she had ownership of the body and casket and was entitled to its return in order to bury him in accordance with his wishes.
At the High Court at Christchurch yesterday the whanau applied to have the case moved to Whakatane, where the defendants lived.
Ms Clarke's lawyer opposed the shift as the material fact in the case was the conversion of the body which had occurred in Christchurch.
In March, following several high profile body snatching cases, the Justice Ministry was tasked to review laws governing ownership of a person's remains.
- NZPA
