Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684

Supreme Court New South Wales

Medium Neutral Citation: Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684 Hearing dates: 4 December 2017 Date of orders: 05 December 2017 Decision date: 05 December 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) The First Defendant be at liberty to release the remains of Pono Wairu Aperahama to Lance and Alice King Funerals or such other funeral service as the Second Defendant/Cross-Claimant may direct for the purpose of carrying out the funeral arrangements referred to in [47]-[49] of the Affidavit of Piki-Ora Aperahama;

(2) Following the funeral service and cremation referred to in the immediately preceding order, the Second Defendant/Cross-Claimant arrange for approximately half of the cremated remains of the deceased to be released to the Plaintiff;

(3) The parties shall bear their own costs. Catchwords: INTESTACY – burial rights – minor's death – equal rights of mother and father – significance of Maori culture – disagreement between divorced parents as to appropriate burial place and kind of funeral – cremation and burial – the practicalities of burial without unreasonable delay – regard must be had to the parties' understanding of cultural requirements, but the issue should be decided on the basis of principle Legislation Cited: Coroners Act 2009 (NSW) Evidence Act 1995 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Darcy v Duckett [2016] NSWSC 1756 Doherty v Doherty [2006] QSC 257 JSB (a child) v Chief Executive, Ministry Of Social Development (High Court of New Zealand, Heath J, 4 November 2009, unrep.) Smith v Tamworth City Council (1997) 41 NSWLR 680; [1997] NSWSC 197 State of South Australia v Smith (2014) 119 SASR 247; [2014] SASC 64 Takamore v Clarke [2011] NZCA 587 Texts Cited: New Zealand, Law Commission, The Legal Framework for Burial & Cremation in New Zealand: A First Principles Review, (4 October 2013) at 183 Category: Principal judgment Parties: Te Rina Abraham (Plaintiff) Magistrate Stone, Deputy State Coroner (First Defendant/Cross-Defendant) Steven James Timothy Henry (Second Defendant/Cross-Claimant) State of NSW – amicus curiae Representation: Counsel: PM Lane (Plaintiff) Submitting appearance (First Defendant/Cross-Defendant) J Needham SC/E Tringali (Second Defendant/Cross-Claimant) S Free (State of NSW)