Chapter 13
Overview of Part 4

Structure of part four

13.24In chapter 14 we examine the common law framework currently governing decision making and dispute resolution between survivors, and the tikanga-based processes that may be engaged when the deceased is of Māori descent. We also discuss how these matters are dealt with in other jurisdictions.

13.25In chapter 15 we assess the executor rule, considering both its practical limitations and undertaking a principles-based critique of the rule.

13.26In chapter 16 we raise the option of statutory reform of the executor rule. We discuss the range of considerations involved in designing a statutory replacement for this common law rule, and the various approaches that might inform this.

13.27In chapter 17 we discuss the role of the courts as the final arbiter in burial disputes and put forward for consultation some alternative options for dispute resolution. We examine the available remedies and options in the rare event that a body is taken away from those who have legal or practical custody.

13.28Finally in chapter 18, we examine secondary decisions such as control of ashes, memorialisation, decisions around disinterment and additional interments, and public policy issues relating to the disposal of human ashes.