How can a deceased owner sign a RoE to participate in the free Maui Wildfire Debris Removal program?
My ʻohana’s home burned down in the Lahaina wildfire. The property is owned by me and my deceased sibling. I want to sign up for the free Maui Wildfire Debris Removal program, but the county needs all owners to sign the Right-of-Entry Permit. What do I do? Do I have to participate in the debris removal program? By Liʻulā Christensen, NHLC Senior Staff Attorney The government debris removal program provides owners of homes lost in the Maui wildfires with debris removal paid for by FEMA and any insurance earmarked for debris removal. If there is no insurance, then the program ...
I Ola Loa ka ʻŌlelo Hawaiʻi
ʻŌlelo Hawaiʻi: Ma ka pūkaʻina Ka Wai Ola i hoʻopuka ʻia ma Iune 2019, hōʻike ʻia e ke Keʻena Equality and Access to the Courts o ka Māhele Hoʻokolokolo o ka Mokuʻāina ʻo Hawaiʻi, ke kākaʻikahi o nā māhele ʻōlelo ʻōlelo Hawaiʻi ma nā ʻAha Kaʻapuni a pau o ka pae ʻāina. ʻŌlelo ʻia, he ʻeono wale nō māhele ʻōlelo i kū i ka hana māhele ʻōlelo ma nā ʻaha hoʻokolokolo; ʻekolu ma Hawaiʻi mokupuni, ʻelua ma Kauaʻi, hoʻokahi wale nō ma Maui, a ʻaʻohe mea ma Oʻahu. I kēia makahiki hoʻi, ua wehe ʻia ka papa māhele ʻōlelo ʻōlelo ...
Can the Department of Hawaiian Homelands cancel my lease?
I missed some mortgage payments for my DHHL homestead and got a letter saying my lease might be canceled. Can DHHL cancel my lease? Is there anything I can do to prevent losing my homestead? By Henderson Huihui, NHLC Staff Attorney If you miss mortgage payments, the Department of Hawaiian Homelands (“DHHL”) can seek to cancel your lease. To save the lease, you will need to make those payments or work out a plan with your bank and DHHL to get the account into good standing. If you have experienced hardship preventing you from making the payments, contact your bank ...
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 ...
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 ...
