NHLC Mourns the Passing of Puanani Burgess
NHLC mourns the recent passing of Aunty Pua Burgess, a beloved kūpuna, leader, and friend to many including NHLC. Aunty Pua served on our board from July 8, 2010, and as board president from October 2014 to September 18, 2015. Her commitment to justice, Hawaiian culture, and the lāhui was an inspiration to us all. We were honored to recognize her service at our 41st Anniversary Fundraiser in 2015 and again at the CNHA Convention in 2016, where she received the Native Hawaiian Advocate Award. Aunty Pua’s legacy of leadership and advocacy will never be forgotten. Our thoughts are ...
Is Ka Paʻakai the only legal analysis that considers impacts to Native Hawaiian traditional and customary rights?
By Terina Faʻagau, NHLC Staff Attorney In June we wrote about the Ka Paʻakai decision from the Hawaiʻi Supreme Court that resulted in criteria for an analysis that state agencies must complete before making a decision that may impact the exercise of Native Hawaiian traditional and customary practices. However, Ka Paʻakai is not the only legal framework or analysis that requires the consideration of a proposed action’s impacts to Native Hawaiian traditional and customary rights. Proposals that trigger Hawaiʻi’s environmental review process require the assessment of cultural impacts in determining whether an action will have a significant effect on the ...
What is the midwives case about that protects cultural practitioners?
By Kirsha K.M. Durante, NHLC Litigation Director Earlier this year, NHLC, together with a national nonprofit called the Center for Reproductive Rights and a law firm called Perkins Coie, filed a lawsuit challenging the Midwife Licensure Act under Hawaiʻi Revised Statues (“HRS”) §457J. NHLC participated to protect Hawaiian birthing practices, including pale keiki, hoʻohānau, and hānau that were being impacted by serious restrictions in the law preventing practitioners from practicing and families from receiving traditional care. As part of the case, our team filed a Motion for Preliminary Injunction which requested, in part, that the court block the State of ...
What are the permit requirements for restoring and operating a loko iʻa?
By Sharla Manley, NHLC Of Counsel Attorney Loko iʻa (fishponds) are integral to watershed management, environmental remediation, and food sovereignty. Restoring them is a critically important matter across the pae ʻāina. For decades, loko iʻa advocates have fought for reasonable permitting processes for restoration. Sadly, these processes have historically been difficult, resource intensive, and lengthy with requirements at the county, state, and federal level. Meaningful reforms in the last 20 years foster hope, but the permit process continues to be complicated depending on numerous factors that differ from site to site. In 1995, the state enacted Act 177 that created ...
Following 9-Day Contested Case Hearing Challenging Development, Kauaʻi County Planning Commission Hearing Officer Recommends Protection of Nihokū
In January 2022, the Native Hawaiian Legal Corporation (“NHLC”) began work as counsel for Hoku Cody, Jessica Kaui Fu and Mehana Vaughan as representative members of Nā Kiaʻi o Nihokū – a group of cultural practitioners revitalizing traditional and cultural practices at the wahi pana known as Nihokū, located on Kauaʻiʻs North Shore in Kīlauea. Since 2015, Nā Kiaʻi o Nihokū members have engaged in a variety of Native Hawaiian practices, including mele, oli, hula, awa, kilo, and Makahiki ceremony at Nihokū, also known as Crater Hill. At the base of Nihokū sits the Seacliff Plantation subdivision, a gated community ...
Court Rules in Favor of Native Hawaiian Midwives
Native Hawaiian midwives in Hawai‘i can resume caring for their communities Yesterday, a Hawai‘i state court temporarily blocked part of the Midwifery Restriction Law, which prevents pregnant people in Hawai‘i from using traditional midwives for their pregnancies and births, as they have for generations. The lawsuit was filed by the Center for Reproductive Rights, the Native Hawaiian Legal Corporation, and the law firm Perkins Coie on behalf of nine plaintiffs, including six midwives and student midwives, as well as three women who wish to access care from traditional midwives. Since July 2023, when this law went into effect, many ...
Settlement Reached to Rebury 28 Iwi Kūpuna at The Park at Keʻeaumoku Project in Honolulu
The Native Hawaiian Legal Corporation (NHLC) and its client, Edward Halealoha Ayau, have reached a settlement in their litigation with the State of Hawaiʻi, the City and County of Honolulu (County), and Keʻeaumoku Development LLC (KDL) regarding Native Hawaiian burials at the Park at Keʻeaumoku project (the Park Project). Pursuant to the settlement, a total of 28 iwi kupuna that have so far been discovered at the site will be reburied, on location, in accordance with and an accepted Burial Treatment Plan and traditional protocols by September 30, 2024. The Park Project is a two-tower, mixed-use condo development that ...
How does the FestPAC advance justice across Moananuiākea?
By Angela Correa-Pei, Of Counsel Attorney, NHLC As Hawaiʻi proudly hosted the 13th Festival of Pacific Arts and Culture (FestPAC) in June, it was empowering to witness the celebration of Native Hawaiian culture and those of the 27 other participating nations – an exceptional collective of Indigenous peoples. A primary objective of the festival is “to promote cultural exchange and understanding among the participating nations.” Through this exchange, we not only gain a deeper appreciation for one another’s cultural practices and values, we are reminded of the challenges Pacific Island nations are facing from political struggles to the continued taking ...
Launch of Resolution 108 Native Hawaiian Intellectual Property Working Group
In May 2023, the Hawaii Legislature passed House Concurrent Resolution No. 108, HD 1, SD 1. This resolution established a Native Hawaiian Intellectual Property (NH IP) Working Group. The group’s task is to create a report on the policies and legislation needed to better protect Native Hawaiian culture and traditional knowledge. The report is due in November 2024, in advance of the 2025 legislative session. The NH IP Working Group held its first meeting on Monday, June 24th, at the Legislature. During this meeting, they elected Kumu Hula Vicky Holt Takamine, Executive Director of the PA'I Foundation, as Chair and ...
What is a Ka Paʻakai analysis?
By Ashley K. Obrey, Senior Staff Attorney The “Ka Paʻakai” analysis is a legal framework that government agencies must follow when considering proposals that may impact the exercise of Native Hawaiian traditional and customary rights. Developed by the Hawaiʻi Supreme Court in Ka Paʻakai O Ka ʻĀina v. Land Use Comm’n, the three-part inquiry operationalizes constitutional protections for Native Hawaiian rights by requiring that state and county agencies conduct detailed investigations and make specific findings as to: The identity and scope of valued cultural historical, or natural resources in the…area, including the extent to which traditional customary native Hawaiian rights are ...
