NSW Supreme Court makes decision on teen's body for feuding Kiwi family

The NSW Supreme Court has made a ruling after fiery family battle between the family of Pono Aperahama, pictured left, after he died in tragic circumstances earlier this year. Photo/Facebook

A two-month battle over whether to bury a teenager in Australia or New Zealand has been decided by a judge.

The family of Pono Aperahama took their fight to the NSW Supreme Court with Justice Stephen Rothman labelling the circumstances "tragic" and that the court was "not King Solomon".

Aperahama suffered serious head injuries when he was hit by a car while riding his bike in Newcastle in 2013, the Sydney Morning Herald reported.

The 17-year-old, who was born in Sydney but whose parents are both Kiwis, suffered a variety of health injuries after a lengthy stint in hospital.

Aperahama's parents split when he was 3-months-old, then living with his mother Te Rina Abraham until he was 8.

He was then removed from Abraham's care and given to her parents.

After his recovery from the bike accident he was being cared for by Challenge Community Services. On October 17, he was taken for a swim at a pool in Lambton, Newcastle.

While there, he became erratic and struck out at pool staff and repeatedly hit his head against a brick wall. He died a short time later.

At the time, a witness named Robyn told the Daily Mail that the incident began when Pono began throwing cones and signs into the pool after arguing with another boy.

It then escalated with Pono going into the toilet, hitting the wall and smashing a glass window. He then lashed out and was pinned down by eight lifeguards, Robyn was reported as saying.

The Sydney Morning Herald reported that the family has been fighting whether to cremate him in Australia or bury him New Zealand.

Abraham wanted her son buried in New Zealand while Aperahama's father, Steven Henry, and sister, Piki Aperahama, wanted the body to be cremated in Sydney and the ashes to be divided equally between both parents.

At the heart of the issue has been the parents differing beliefs over Maori culture.

Abraham argued Maori culture forbade cremation and that "a deceased must be buried so as to return the body to the earth from whence it came".

Aperahama testified that her brother did not have a strong connection with Maori culture or New Zealand, having been there only three times in his life.

Aperahama told the court the family wanted a traditional Maori service in Penrith, which last up to five days, during which family and friends could come to pay their respects in accordance with traditional Maori practices.

"I have found this decision most difficult," Justice Stephen Rothman wrote in his judgment released earlier this week.

"The circumstances are tragic. The court is not King Solomon. Whatever happens, one or other party will be disadvantaged."

He ordered the body be released to Henry and Aperahama and that after the cremation both parents receive half of the ashes.

But their views also blew up on social media, Aperahama pasting several private messages sent to her by her mother in which she labelled her a "f****** little c***".

The family have been approached by the Herald for comment.