Editorial: No rest in peace yet for James Takamore

James Takamore's grave in Kutarere. Photograph by Stephen Parker

Few issues have highlighted cultural differences as much as the sad story of James Takamore.

Mr Takamore died of an aneurism in 2007. He had been living in Christchurch for 20 years prior to his death and his former partner Denise Clarke, the executor of his estate, planned to bury him there.

But his Tuhoe family took his body from Christchurch back to Kutarere in the Eastern Bay of Plenty.

Since then a legal war between Ms Clarke and the Takamore family has waged with the Supreme Court having what was thought to be the final say in December 2012, dismissing an appeal lodged by Mr Takamore's sister Josie Takamore to keep Mr Takamore in Kutarere through tikanga.

Yesterday both sides faced off as local family halted a planned pre-dawn exhumation of Mr Takamore's body.

Ms Clarke had hoped to re-bury Mr Takamore in Christchurch on August 17, the seventh anniversary of his death.

But local family have vowed to hold a graveside vigil to stop any attempt at exhumation.

When it comes to matters spiritual, it's always going to be difficult to reconcile different cultures and belief systems with the black and white letter of the law.

That's why, when it comes down to it that law is the bottom line.

Unfortunately the Tuhoe iwi's relationship with the law is still healing after another 2007 event - it was only two weeks ago the police commissioner personally apologised to three families affected by the Urewera police raids and confirmed that a settlement had been reached with Tuhoe over the operation.

Authorities cannot afford to be seen to back down on this issue - but they'd be very wary of being seen to be heavy-handed.

It's a far-from-comfortable situation for anyone involved - the Christchurch family, the Bay of Plenty family or the police.

It's sad to see that what initially appeared to be agreement between the parties in this case wasn't.

Because short of mutual accommodation this is going to continue to be an ugly battle.