What is the kuleana of the Island Burial Councils to protect iwi kūpuna?
By Terina Fa‘agau, NHLC Staff Attorney To promote the “sensitive treatment of Hawaiian burial sites through cooperative and shared decision making with representatives of the Hawaiian community,” the Hawaiʻi State Legislature established the Island Burial Councils, under the Department of Land and Natural Resources (DLNR), to administer Hawaiʻi Revised Statutes (HRS) § 6E. There are five Island Burial Councils: Hawaiʻi Island; Maui/Lānaʻi; Molokaʻi; Oʻahu; and Kauaʻi/Niʻihau. The governor appoints council members selected from lists recommended by the State Historic Preservation Division (SHPD) and the Office of Hawaiian Affairs (OHA). The Molokaʻi Council has five members, while all the others have ...
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. ...
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 ...
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 ...
