Nicholas Bakulich named after sentencing over treatment of Sāmoan chief's remains

Former funeral director Nicholas Bakulich can now be named after appearing for sentencing in the Auckland District Court this week.

According to the NZ Herald, Bakulich was convicted and discharged on two counts of misconduct involving human remains and ordered to pay $5000 in emotional harm reparation.

The Herald reported that Judge Nicola Mathers told the 54-year-old his conduct had been "dishonest" and that he had failed a family who had trusted him to care for their loved one.

"Your conduct was dishonest," the judge said. "You did not serve the family right.

"You, of all people, should have known the effect your actions would have had on the family. This court does not in any way condone what you did."

The case involved the treatment of the remains of an Auckland-based Sāmoan matai (chief) whose family had entrusted Bakulich with funeral arrangements in January 2022.

According to the Herald's report, the family paid nearly $9000 for the funeral and arranged for the woman's coffin to be placed in a mausoleum at Waikumete Cemetery, with plans to eventually return her remains to Sāmoa.

The matter came to light after severe weather, including Cyclone Gabrielle, damaged parts of Waikumete Cemetery in 2023.

The Herald reported that when the family attended the removal of the casket following the damage, concerns were raised about its condition.

Former funeral director Fiona Bakulich was previously sentenced after admitting fraud and human remains charges linked to the wider Operation Lola investigation by police. Photo/Supplied

Court documents stated the woman's daughter was later told the casket had not been lined as required and that her mother had instead been placed inside a body bag.

According to the Herald, Bakulich later apologised to the family and promised to replace the casket and pay for the liner.

But when the family later inspected the replacement casket, they discovered the lining was not what they had expected.

The family eventually arranged for their loved one to be moved to another funeral home.

The Herald reported that in a victim impact statement referred to during sentencing, the woman's daughter described Bakulich's actions as "unfathomable, unforgivable and will never, ever be forgotten".

She said the family had trusted him to "uphold the honour and respect" befitting a matai.

Waikumete Cemetery in west Auckland came under scrutiny after severe weather in 2023 damaged parts of the cemetery and led to further investigations into burial practices. Photo/Auckland Council

Bakulich's lawyer, Paul Borich KC, sought a discharge without conviction, arguing that his client would suffer significant reputational damage because of public association with his sister, former funeral director Fiona Bakulich.

According to the Herald, the judge declined that application.

The sentencing follows the high-profile prosecution of Fiona Bakulich, who was previously sentenced after admitting fraud and human remains charges linked to the wider investigation known as Operation Lola.

Her prison sentence was later converted to home detention on appeal.

Judge Mathers told the court that Nicholas Bakulich's offending was not comparable to that of his sister, the Herald reported.

The court also heard that Bakulich had previously been involved in local government, church and sporting organisations and had received letters of support from members of the community.

According to the Herald, Bakulich has since closed his funeral business and moved into a career in sport.

Judge Mathers acknowledged the voluntary community work he has completed since the offending and noted his efforts to rebuild his life following the closure of his business.

The sentencing brings to a close the criminal proceedings against Nicholas Bakulich, whose case emerged from the wider scrutiny of funeral industry practices following the discovery of issues at Waikumete Cemetery after the 2023 storms.