Kauaʻi County Planning Commission Finds in Favor of Kilauea Cultural Practitioners to Protect Nihokū
The Native Hawaiian Legal Corporation (“NHLC”) recently represented client Nā Kiaʻi o Nihokū before the Kaua‘i County Planning Commission (the “Commission”) at its November 12, 2024 meeting. Nā Kiaʻi o Nihokū includes Jessica Kauʻi Fu, Mehana Vaughan, Hoku Cody, who were named intervenors in the case, as well as Kapua Chandler, Billy Kinney, and other cultural practitioners from Kīlauea. NHLC began work as counsel for Nā Kiaʻi o Nihokū after owners of a lot in the Seacliff Plantation Subdivision, which sits at the base of Nihokū, applied for permits to develop a 30,000 square foot compound on their property. ...
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 ...
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 ...
What is Huamakahikina?
Every spring, the week-long Merrie Monarch Festival celebrates King David Kalākaua and his legacy of reinstating the public practice of hula after it had been outlawed in the 1830s. In honor of this year’s 61st Merrie Monarch Festival, we are using this month’s column to provide general information about the Huamakahikina Declaration on the Integrity, Stewardship, & Protection of Hula. What is Huamakahikina? Huamakahikina is a coalition of Kumu Hula from Hawaiʻi, the continental United States, and various countries around the world and recognizes that Kumu Hula have a unique kuleana to the integrity, stewardship, and protection of hula. All ...
Hawai‘i Law Restricting Midwives Challenged in Court
Native Hawaiian midwives and others sue state to block law that prevents them from serving communities in traditional ways. Today, the Center for Reproductive Rights and the Native Hawaiian Legal Corporation filed a case in the First Circuit Court of Hawai‘i challenging a new Midwifery Restriction Law that is preventing pregnant people in Hawai‘i from using skilled midwives for their pregnancies and births, as they have for generations. The Midwifery Restriction Law also endangers constitutionally protected Native Hawaiian traditional birthing practices. The nine plaintiffs include 3 midwives and 3 midwifery students who, under the Restriction Law, could now face criminalization for ...
Ask NHLC: 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 ...
