NHLC represents Kalaeloa Heritage and Legacy Foundation in successful negotiations to lease Kalaeloa Heritage Park
At 91-1940 Coral Sea Road, between Ewa Beach and Kapolei on Oʻahu, is Kalaeloa Heritage Park (the Park). The Park is comprised of more than 11 acres containing over 177 recorded cultural sites including a heiau, habitation sites and pre-Western contact burials. The cultural structures are unique, constructed of coral and may have Tahitian origin based on the construction methods used. For years, the lands were held by the Federal Government as a part of Barber’s Point Naval Air Station. After the station was closed in 1999, the Federal Government returned the park lands to the State, and the lands ...
NHLC Executive Director contributes to NaHHA’s Ka Huina 2023 Intellectual and Cultural Property Panel
Native Hawaiian Legal Corporation’s Executive Director, Makalika Naholowaʻa, was a part of the Native Hawaiian Hospitality Association’s (NaHHA) fifth annual Ka Huina convention as a panelist on cultural intellectual property. Moderated by Hawaii Representative Darius Kila, Naholowaʻa joined Breann Huʻuhiwa of Dentons International Law and Zachary Lum of Kāhuli Leo Leʻa to discuss the ARTIST Act, cultural intellectual property, and regenerative tourism. Currently, Native Hawaiian artisans are not protected under the Indian Arts and Crafts Act (IACA). The ARTIST Act being considered by Congress would change that, among other amendments to the IACA. In this talk, Naholowaʻa, Huʻuhiwa and Lum ...
ICA Rules KUA & NHLC Can Continue Fight for Limu
Decision Honors Uncle Henry Chang’s Last Wishes To Protect Marine Resources in ‘Ewa In 2012, Uncle Henry Chang Wo, a recognized loea limu (limu expert), and the Native Hawaiian Legal Corporation (NHLC) began a long—and still pending—legal battle against permitting to increase stormwater runoff from the Kaloʻi Gulch onto an ‘Ewa shoreline. Permit proponents, including the City and County of Honolulu, the Department of Hawaiian Homelands, and the University of Hawaii, want the permit, so that polluted storm water can be discharged from urban development. Uncle Henry argued that the Board of Land and Natural Resources (BLNR) needed to more ...
How do courts decide what words in ‘ōlelo Hawai‘i mean?
Interpreting the meaning of language is central to the work of all courts in all parts of the world. Whether it be words used by governments in laws, orders, and rules; words used by parties when making agreements, or words used to show the mental state and intent of someone accused of a crime, determining what words mean – and how that impacts a legal outcome – is a core function of judges. Here in Hawaiʻi, the usage, meaning, and interpretation of ʻōlelo Hawaiʻi has affected the outcome of cases and guided our law. Generally, there are a few methods ...
What are the legal rules for using Hawaiian names in business?
What are the legal rules for using Hawaiian names in business? Can businesses that are not Hawaiian own Hawaiian names? Can businesses that use Hawaiian names stop Hawaiians from using those Hawaiian words? By Makalika Naholowaa, Executive Director Native Hawaiian Legal Corporation State and federal law allow businesses to use and own business and product names incorporating ʻōlelo Hawaiʻi as tradenames and trademarks. There is no requirement for the business to be owned or led by kānaka, for any consultation with or consent from members of the Hawaiian community, nor is there a requirement that the company or its ...
Questions about FEMA Aid
UPDATE: The deadline to register for FEMA aid mentioned has been further extended from November 9, 2023 to December 9, 2023. By Kirsha K.M. Durante, NHLC Litigation Director Families affected by the Maui wildfires are still in the early stages of grief and recovery. The road to healing and rebuilding will be long, and there will be many legal questions along the way. We are using this month’s column to address questions about the Federal Emergency Management Agency (FEMA) because there is a fast-approaching October 10 deadline to register for FEMA aid and we know there are many in the ...
Ask NHLC: Kuleana Lands
I found records in OHA’s Kīpuka Database that my ancestor was awarded, and owned, kuleana lands. I am a direct descendant and want to reclaim ownership of these lands. What do I do next? By Liʻulā Kotaki, NHLC Staff Attorney Discovering our kūpuna’s connections to ʻāina in public records is exciting. These records can raise questions about who legally owns the parcel of land today. If you’re not sure, the next step is to research the chain of title – or complete history of ownership – since the land was awarded. The records that you found are likely a Land ...
1st Meeting of Commission on Water Resource Management (CWRM) Since Maui Wildfires
On September 19, 2023, the Commission on Water Resource Management (CWRM) held its first meeting following Maui’s wildfires, the governor’s temporary suspension of the water code, and the controversial “redeployment” of CWRM’s Deputy Director Kaleo Manuel following an August 8, 2023 request by West Maui Land Co. to divert water from streams to fill the company’s reservoirs to fight the wildfires, which he did not immediately grant. NHLC submitted testimony and attended the meeting. The meeting drew a large contingent of Maui residents in-person and online who passionately shared their concerns over the course of more than 10 hours. ...
Ask NHLC: Personal Representatives
My father passed away and my brother has been designated as personal representative for his estate. Does that mean he will get our family ʻāina? I had the power of attorney for our dad before he died. Am I supposed to be the personal representative? By Liʻulā Christensen, NHLC Senior Staff Attorney When a loved one passes away and the ʻohana is determining how to settle their loved one’s estate, often someone needs the legal authority to inventory, maintain, and distribute that person’s property and assets, called their estate, to those legally entitled to it, including heirs and creditors. For ...
Hawaiʻi Supreme Court Oral Argument on Mauna Kea
Today is the first day of Native American Heritage Month, and NHLC was at the Hawaiʻi Supreme Court arguing that the government’s constitutional duty to protect Native Hawaiian traditional and customary practices applies in the promulgation of administrative rules, an issue that’s been raised in one of our cases related to Mauna Kea. In Hawaiʻi the State "shall" protect Hawaiian traditional and customary practices. NHLC stands with the lāhui and cultural practitioners to defend this fundamental right. Watch the Supreme Court Oral Argument: https://youtu.be/K50LnT2kwFk Read the Star Advertiser (11/2/22) article here: Hawaiʻi’s high court hears arguments tied to Mauna Kea ...
