"Body Snatching" in contemporary Aotearoa/New Zealand: A legal conflict between cultures
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, abstract: In recent years, there have been several high profile instances where Māori whānau1 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 Māori 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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amendments Auckland autonomy available to view body snatching burial instructions buried chapter claims common law Coroners Act 2006 Council v Attorney-General cremation Crimes Act 1961 Criminal Law Crown dead body death deceased deceased’s body disputes Doodeward duty enforceable Ethics executor family members funeral hereinafter his/her human body human remains Human Tissue Act Human Tissue Bill Ibid Idem immediate family injunction issue Jim Anderton land legislation Loasby Ministry of Justice Moore Mori custom Muriwhenua native title NZLR offences organ donation ownership Oxford Parliament person Pkeh police property rights proprietary protection question relating to burial Report right to possession rule Skegg snatcher spouse statute statutory StGB Study Paper supra n 16 supra n 308 Takamore tangihanga taonga theft tikanga Mori tikanga relating tion tort tppaku Treaty of Waitangi Treaty principles trespass University Press valuable discussion Waitangi Tribunal Wellington whnau Zealand courts Zealand Herald Zealand law