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Home / Rotorua Daily Post

James Takamore case goes to Solicitor-General

Katee Shanks
Rotorua Daily Post·
19 Sep, 2014 09:00 PM3 mins to read

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James Takamore

James Takamore

The Solicitor-General's involvement in determining the final resting place of Tuhoe man James Takamore makes no change to how the dead man's family feels, says his sister, Josie Takamore.

The referral of the case to the office of the Solicitor-General is the latest development in a legal battle over where Mr Takamore should be buried.

Mr Takamore died in 2007 while living in Christchurch with his partner, Denise Clarke.

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

Since then Ms Clarke and the Takamore family have gone through the courts to determine whether Mr Takamore's remains should stay in Kutarere or be returned to Christchurch.

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In 2012 the Supreme Court ruled in Ms Clarke's favour and a disinterment was scheduled for last month. However, the Takamore whanau and Tuhoe supporters blocked the exhumation.

Since then Ms Clarke's lawyer, Gary Knight, has requested a continuation of the court order.

Justice John Fogarty, who has been mediating between the two parties since the High Court decision, has said in minutes released to the Takamore family he had "facilitated an informal process designed to obtain co-operation between the defendants and their community to the exhumation in order that that be done in a dignified manner, consistent with the dignity of the remains of the late Mr Takamore".

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"It is my judgment I can do no more in that regard," Justice Fogarty wrote.

He recommended High Court Sheriff Sharon Graham seek the assistance of the Solicitor-General's office to consider what further steps should be taken to give effect to the court order.

Crown Law media adviser Jan Fulstow has confirmed the matter has been passed to the office of the Solicitor-General to decide what happens next.

"We are looking into the matter and that is all I can say," Ms Fulstow said.

Ms Takamore said regardless of the new development, the fight to keep Mr Takamore at Kutarere would continue.

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"Our stand remains the same.

"The urupa where my brother is buried is wahi tapu [sacred] and subject to Maori lore [traditions and knowledge on a subject or held by a particular group].

"If the court allows his body to be taken, they may as well take all lore from us," she said.

Many Tuhoe had shown their support for the Takamore family.

"Our Whakatohea whanau have also said they will stand alongside us," Ms Takamore said.

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