Exhumation case: Fight goes to court

Jamie Robert Pooley, former New Zealand Under-18 rugby league player, died in May 2011.

Partner says former New Zealand Under-18 player wanted to be cremated.

A woman who wants her partner's body exhumed claims he was buried against his wishes and has begun legal action to have him cremated so his children can scatter his ashes.

Father of three Jamie Robert Pooley, 27, died on May 14, 2011. The former New Zealand Under-18 rugby league player was buried in a family plot at Memorial Park Cemetery in Christchurch.

But his partner, Cheyenne Rana Biddle, the mother of his two youngest sons, has gone to the High Court seeking permission to exhume his body. She says Mr Pooley always wanted to be cremated.

Ms Biddle is also seeking an order restraining Mr Pooley's family from blocking the move.

Christchurch City Council, which owns the cemetery, has been named as second defendant.

Ms Biddle further claims Maori tikanga, or custom, was not properly followed after Mr Pooley's death and koha (ceremonial gifts of money) have not been accounted for properly.

Three Maori weapons belonging to Mr Pooley - two taiaha (closed-quarters staffs) and one tewhatewha (long-handled club) - should be made available "for his sons to earn", Ms Biddle claims.

The Pooley family - parents Bruce and Charlotte, sister Frances and brother Daniel - are all named as first defendants and have challenged Ms Biddle's claims.

They deny Ms Biddle raised - in the days after Mr Pooley's death - that he wished to be cremated. They said she was present during talks with the undertaker about the tangi and burial arrangements.

"At no time prior to his death had the deceased advised us that ... he wished to be cremated," the family's statement of defence lodged with the High Court in Christchurch states.

A spokeswoman for Mr Pooley's family said they did not want him disturbed. "It just seems right to leave him where he is. As far as we're concerned he's been laid to rest."

Daniel Pooley said his brother's body was "very tapu".

The whanau said although Mr Pooley was not surrounded by family at the cemetery, they had bought the neighbouring plot so relatives who died in the future could be buried there too.

In court documents, they also note his burial plot is a double size, with space for another family member to be buried with him.

They reject claims Ms Biddle was snubbed at the funeral service in favour of Mr Pooley's ex-partner and the mother of his eldest son.

They also claim Ms Biddle breached tikanga by climbing inside the coffin. She "was observed lying on top of the deceased". Nobody said anything to her because the whanau were aware she was grieving.

With regards to the koha, the family said they paid for tangi-related expenses, with any leftover cash going towards Mr Pooley's unveiling.

And they agreed the taiaha and tewhatewha "could be shared between the deceased's three sons".

The case is back before Associate Judge John Matthews next month.

The row has parallels with the long-running legal battle over the body of James Takamore, which was recently settled through mediation. He died in 2007 while living in Christchurch with partner Denise Clarke.

His Bay of Plenty whanau went to Christchurch and, after finding his body alone, put him in a vehicle and took him to Kutarere, in the Bay, where he was buried beside his father.

After that, Ms Clarke and the Takamore family went through the courts to determine whether the remains should stay in Kutarere or be returned to Christchurch.

Agreement was reached after mediation in Christchurch last month, but the outcome has not been made public.

How to exhume a body

The rules for exhuming a body are clear, according to Christchurch City Council's legal submissions in the Biddle v Pooley case.

All requests for disinterment must be made in the first instance to a funeral director.

The funeral director then applies to its local District Health Board for a Disinterment Licence, which costs $90.

The city council's sexton - an officer charged with the maintenance of its cemeteries - carries out disinterments at Memorial Park, where Mr Pooley is buried.

Health and safety regulations must be followed.

The council fee for disinterment is $1410 and must be paid by the plaintiff.

"A Health Protection Officer from the Ministry of Health will supervise any disinterment to ensure it is carried out in a sanitary manner and with due respect to the deceased," the council states.

Police officers could also be present "where necessary".

For health reasons and because of the public nature of the cemetery, the disinterred casket and remains must be transferred directly to another casket "or other suitable container".

"Council is aware of all cultural sensitivity and protocols and will assist to recognise these," the submission says.