Exhumation case: 'Neither party willing to back down'

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

A dispute over whether a young father's body should be dug up and cremated appears destined to be settled by a judge.

Cheyenne Rana Biddle has launched legal action to exhume the body of her partner Jamie Robert Pooley, who died four years ago aged 27 and was buried in a family plot at Memorial Park Cemetery in Christchurch.

Ms Biddle claims the father-of-three always wanted to be cremated.

Mr Pooley's family deny that and do not want him disturbed.

Ms Biddle's statement of claim has been lodged at the High Court in Christchurch.

She is seeking an order restraining Mr Pooley's family - parents Bruce and Charlotte, sister Frances and brother Daniel - from blocking the disinterment.

The parties are also battling over Maori weapons belonging to Mr Pooley - two taiaha (closed-quarters staffs) and one tewhatewha (long-handled club) - taonga which Ms Biddle wants made available "for his sons to earn".

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

The two parties attended a case management hearing in Associate Judge John Matthews' chambers in the High Court at Christchurch today.

Those discussions cannot be reported, however a source close to the matter told NZME News Service that Ms Biddle and the Pooleys are working, through lawyers, to reach some compromise or agreement over the taonga, koha and other issues.

However, the source said it was unlikely the issue of disinterment would be resolved out of court.

"Neither party is willing to back down," the source said.

The Pooley family's main argument against exhumation - which has legal precedent in New Zealand - is that Mr Pooley's body, which they have previously described as "very tapu", has laid in rest since May 2011.

The former New Zealand Under-18 rugby league player never expressed wishes to be cremated, according to the family's statement of defence, to which NZME was granted access by Associate Judge Matthews.

Also, Ms Biddle was present during talks with the undertaker about the tangi and burial arrangements, the Pooley family claims.

A spokeswoman for Mr Pooley's family previously 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."

The Pooley family accepts the Maori weapons should be passed eventually to Mr Pooley's three sons, the youngest two of which he had with Ms Biddle.

But according to the statement of defence, the family position is that the taonga should "remain in the Pooley family home until after Charlotte Pooley passes away".

Ms Biddle's statement of claim says that goes against the wishes of her late partner, "who wanted them to be given to the children once they had been earned".

Any hearing on the issue of exhumation is unlikely to take place until at least early next year.

Legal experts have told NZME the courts would likely encourage the parties to solve their differences through mediation.

The case has parallels with the eight-year legal battle over the body of James Takamore, which was finally resolved earlier this year through behind-closed-doors mediation.