Takamore v Clarke [2013] 2 NZLR 733 (SC)
If whānau disagree about where the deceased’s body should be buried, the person who has the legal power to decide is the executor under the deceased’s will. If there’s no will, then this power will usually rest with the closest relative, as the person who has the best legal claim to be appointed by the courts as the “administrator” for the estate (for more details, see in this chapter “Burial and cremation”).
The executor/administrator has to take into account the views of immediate and wider whānau, and to consider different cultural, religious and spiritual practices. However, they don’t have to actively seek out the views of whānau.
Whānau can also challenge the executor/administrator’s decisions in the High Court.