Body Snatching in Contemporary Aotearoa/New Zealand: A Legal Conflict Between Cultures

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GRIN Verlag, 2013 - Body snatching - 188 pages
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Master's Thesis from the year 2009 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Otago (Law), course: LL.M., language: English, comment: Auszeichnung: A with Distinction Approved by the Maori Ethics Committee A thesis submitted for the degree of Master of Laws, Te Whare W nanga o Ot go, The University of Otago. Dunedin, June, abstract: In recent years, there have been several high profile instances where M ori wh nau1 have taken the body of a loved one against the wishes of other immediate family members for the purposes of burying the relative on ancestral land. A high profile incident occurred in 1995, with the uplifting of the entertainer Billy T. James' body from his home by his uncle, so that, in accordance with M ori custom, the body could lie on a marae2 for a period of mourning. Since the Billy T. James case,3 there have been a number of so-called "body snatching" incidents including the "snatching" of the body of John Takamore, and the "snatching" of the body of Tina Marshall-McMenamin.
 

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Contents

Introduction
1
Administration Act 1969
2
Recognition of Tikanga Mori and the Treaty of Waitangi
13
District Courts Act 1947 Evidence Act 2006
27
III
33
Historic Places Act 1993
35
Proprietary and Possessory Rights in Corpses
42
Human Rights Act 1993
54
Native Land Act 1865
63
Conclusion
69
Methods of Enforcement
70
A Way Forward for New Zealand
85
Property Law Act 2007
108
Conclusion Recommendations for Reform
132
Ethics Approval
138
Consent Form Signed by Hon Jim Anderton
144

The Rights of Possession for the Purpose of Burial
56

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