
Na Devin Kamealoha Forrest, NHLC Staff Attorney and Title & Research Specialist
E like hoʻi me kā A. Keohokalole i wehewehe ai ma ka hihia ʻo In re Nakuapā (1872) penei; “He wā waiwai ʻole o nā ʻliʻi, a me nā makaʻāinana, ka wā kahiko. ʻO ke Aliʻi Mōʻī ʻAimoku wale nō, nona wale nō nā ʻāina a pau loa, a me nā waiwai lewa a pau, he mālama wale nō kā nā ʻliʻi ʻē aʻe ma lalo iho ona, a me kekahi poʻe makaʻāinana kākaʻikahi i lawe ʻaikāne ʻia e ka Mōʻī a me nā ʻliʻi ʻai ʻāina, a no laila ʻaʻole o lākou mau keiki a hope hoʻi o lākou. ʻAʻole nō ko lākou nele ʻana i ka waiwai.”
A laila, ma muli hoʻi o ka māhele ʻāina ʻana a ka mōʻī me kona hoʻolilo ʻana i nā ʻāina kuleana i ko Hawaiʻi, ua loli hoʻi ke koʻikoʻi o ka loiloi ʻia ʻana o nā pilina ʻohana Hawaiʻi; ʻoiai hoʻi, i hiki ke lilo kekahi o nā pilikana i mau hoʻoilina waiwai ma ke kānāwai. Eia naʻe, ua kau nui ka loiloi ʻana o ke kānāwai ma kekahi mau pilina ʻohana haole kikoʻī i kū ʻole i nā pilina ʻohana Hawaiʻi, e like hoʻi me ka hānai, hoʻokama, poʻolua, a me ka punalua hoʻi.
He mau hihia i kūkā ʻia ai ka hānai ʻana, e laʻa hoʻi me In re AB (2019). Ma ia hihia i hōʻāpono ʻia ai e ka ʻAha Hoʻokolokolo Kiʻikiʻe o Hawaiʻi i ke koʻikoʻi o ka hānai ʻana ma nā ʻohana o ko Hawaiʻi, ʻaʻole naʻe i aʻoaʻo kikoʻī i ke ʻano me nā hiʻohiʻona o ia pilina nō. I loko nō o ia, ʻo ia ʻano hōʻāpono ʻana ma ke kānāwai kekahi holomua koʻikoʻi nō no ke komo ʻana o ke kuanaʻike Hawaiʻi kuʻuna i ke aupuni.
As explained by A. Keohokalole in the case of In re Nakuapā (1872), “In ancient times, chiefs and commoners did not have property. Only the High Chief owned all the land as well as all the personal property, all the other chiefs stewarded under him as well as some few commoners that were made close confidantes by the High Chief and the lesser chiefs, therefore they did not have heirs or successors. They also had no property to be dispossessed of.”
Then, with the māhele and the king transferring ownership interests in kuleana land to the Hawaiian people, Hawaiian familial relationships took on new significance. Now, members of ʻohana could be considered heirs to property or land. However, western concepts of property ownership gave greater weight to a specific type of family relationship which does not comport with Hawaiian concepts like hānai, hoʻokama (adult adoption), poʻolua (two fathers), and punalua (two spouses).
There have been several state cases that have discussed hānai specifically, including In re AB (2019). There, the Hawaiʻi Supreme Court affirmed the importance of hānai within the families of Hawaiʻi but did not provide guidance on how to characterize or define it. Nevertheless, recognition within law is an important step towards infusing Hawaiian perspectives into the state.
This article was originally published in the February 1, 2025, edition of Ka Wai Ola. NHLC partners with the Office of Hawaiian Affairs to publish an article in Ka Wai Ola each month that responds to community questions. You can access this article on the Ka Wai Ola website here.
Ask NHLC provides general information about the law. Ask NHLC is not legal advice. You can contact NHLC about your legal needs by calling NHLC’s offices at 808-521-2302.
To submit questions for future editions of Ask NHLC, email NinauNHLC@nhlchi.org
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