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I<a ClaY10n Hee nod tEl lead QHA Boara of Trustees By Ryan Mielke Thirteen days after the Hawai'i Supreme Court's decision in The Office of Hawaiian Affairs vs. State of Hawai'i, OHA trustees on Sept. 25 voted for a new leader to navi- gate a course of action - Trustee Clayton Hee. The selection of Hee to the board's top post was by a 5-3 majority, with L...:I"'--=-:"":':'_-' Trustee Donald HEE ataluna absent . dut! to illne' \• \ oting in upport of Tru tee He were Trustees John Waihe'e J , Charles Ota, Rowena Akana, Linda Dela Cruz, and Hee. "Ther e are grea t artim I d r. nd there dre greal peace- time leaders, and I think In cn I and I just b lieve that Trustee Hee is a better wartime leader. - Trustee Waihe'e -----"Trustee Akana was voted by trustees to tbe vice chair seat. While the vote for Hee ushered in an obvious shift in support away from Trustee Hauoani Apoliona, both Waibe'e and Dela"Cruz said it Ali'iolanl Hale in downtown Honolulu houses the State Supreme Court. Photo: Michael McDonald was the leadership ability of Hee at times of crisis and bis'" ability to work with the State Leg lature and Court scraps Heely decision, Act 304 the governor at a time crisis that won him their ppport. Judge Daniel Heely, thought to have deri ved, because of a clause in the act "I think now we're in a By Rya n Mielke been a watershed revenue win for that states if any of the act confl icts real terrible crt is," said Wafue'e, OHA, cannot be realized, due to a con- with federal law, then the entire act is "even worse than Rice or Barrett. n a decision impacting the entire fl ict between state and federal law. invalid. The court fo und such a conflict There are great wartiroe leaders and Hawaiian community, Hawai 'i's The decision, released Sept. 12 by wi th the "Forgiveness Act" of 1997. there are great peacetime leaders, I Supreme Court has determined that the court, also renders moot Act 304, The U.S. Department of and I think we're in crisi.s and I just an earlier decision favorable to the whi ch outli nes the areas from which believe that Trustee is a better Office of Hawaiian Affairs by Circuit ceded land payments to OHA would be See COURT on page 19 wartime leader." _. t • The hula drama "Holo Mai Pete" will air nationally this month thanks to PBS's Great Performances series. See page 15. .....-- -- - . L ElT T E S TOT H E EDIT () Silent majority Leave the sacred Hawaiian Media coverage is so slanted that ancient lands alone! we do not know whose ball is in As a member of the "silent major- I am so angry, hurt and devastated, whose court; moreover, the rules ity," I wish to respond to the Sept. 9 that I can't even write anything else! are made up and changed as the Clayton Hee Honolulu Advertiser article on game continues. Chairman, Trustee, O 'ahu Makua. Those of us who have lived Dan Loezius The propaganda has got to stop. in and loved Hawai ' i for many San Mateo, CA Hawaiians are still being exploited. Tel: 808.594.1888 Change is only being forced upon Fax: 808.594. 1907 years know that military presence Hawaiians and Hawaiian institu- Email: [email protected] is necessary. We benefit from its protection, and from the millions of Family fellowship tions. So much for aloha. Rowena Akana dollars it spends here. If we deny Hawai'i is the homeland of the Vice Chair, Trustee, At-large the military the use of the last pos- This is an invitation to join the Hawaiians. We have a responsibility sible training ground it has, we will Bright 'ohana for a worship service to protect our inheritance for the Tel: 808.594.1860 Sun., Oct. 21, at Kaumakapili generations to follow. To do less is Fa x: 808.594.0209 be forcing it out of Hawai'i. This Church in Honolulu. Gordon Bright unacceptable. Email: [email protected] may be what some antagonists would like to see, but it would be and Momi Kuoha (Dora) have Haunani Apoliona disastrous. I do not want to be aban- attended Kaumakapili for 55 years. Carolyn Peters Trustee, At-large doned by our military forces. It As members, we also ask for your Wai'anae distresses me to see groups with kokua through donations toward Tel: 808.594. 1886/ 594.0200 the restoration of our 160-year-old Fa x: 808.594.1864 short-sighted agendas like Malama lawful nation Email: oha@a loha.net Makua trying to block the military church. that has bent over backwards We are few in numbers and want Trustee Stender's September Linda K. Dela Cruz trying to accommodate these locals. to make Oct. 21 a great day for the message, "Redress requires more Trustee, Hawa i ' i Not only have the local, uninformed Bright 'ohana. Pray with us Oct. 21. than an apology," overlooks one If you have any questions, please crucial point. In paragraph five, he Tel: 808.594.1888 or uncaring, backwards-looking call me at 259-7205; the church Fax: 808.594. 1883 activist groups driven them out of states "sovereignty means that all of Em ail: [email protected] Kaho'olawe, residents of Mililani at 845-0908; or write to 41-177 the lands wrongly taken by the Mauka have driven them out of Nakini St., Waimanalo, HI 96795. United States must be given back to Donald Cataluna Schofield's mauka training range, the Hawaiian people." Herein lies Trustee, Kaua'i and Ni'ihau as well. I'm sure it will not end Momi Bright the crucial point overlooked. Who Waimanalo were these lands wrongly taken Tel : 808.594. 1881 there. Local people need to change Fax: 808.594.02 11 their attitude and sometimes crimi- from? Who was this great wrong Email: oha@a loha.net nal actions toward those who are Racial stereotypes actually done to? only here to protect Hawai ' i as one True, the Hawaiian people suf- Colette Y. P. Machado of the U.S.A. Racial profiling and myths about fered greatly from this wrong and Trus tee, M oloka ' i and Uina ' i the Hawaiian people have got to still do today. But, it was the stop. Hawaiians are an educated Hawaiian people's lawful govern- Tel: 808.5 94. 1837 Betty Woodward Fax: 808.594.0212 Via the Internet and industrious people. Many ment that was terrorized, at gun Em ail: [email protected] myths are accepted as fact because point, with threats of execution they have been repeated over and to Hawaiians unless their lawful John D. Waihe'e IV HokOli'a crisis over. Hawaiians are not accustomed government submitted to terrorist Trustee, At-large to "tooting their own horn!" They demands. In this crucial point also lies the Tel: 808.594. 1838 Being a Hawaiian-Haole all my know who they are and feel Fax: 808.594.0208 life, I find this very horrible. My comfortable with their accomplish- solution to gain justice. What was Email: [email protected] relatives, ancestors, tutus etc., ments. "wrongly taken from the Hawaiian would EVER have done thi to Hawaiians have been rudely taken people's lawful government, must Charles Ota advantage of in their own home- be returned to their lawful govern- Trustee, Maui anyone back in the early days. You are destroying them, their way, and land. The Hawaiian concept of ment. The Hawaiian Kingdom is the Tel: 808.594.1879 what they believed in. aloha has been used and abused lawful Hawaiian government that Fax: 808.594.02 10 I am very, very disturbed and by many people. Hawaiians, as a was terrorized and wronged. The Email: oha@a loha .net angry at what is happening at people, have been expected to give Hawaiian people must join in the Keopuka and Kealakekua. These while others take. ongoing reinstatement of that law- Oz Stender The 'missionary dogma of needing ful Hawaiian government and Trustee, At-large people should be ashamed. How would they like their loved ones to help the poor natives still exists. through their government, demand Tel: 808.594. 1877 dug up and their peace destroyed? I This is why when Hawaiians work justice for the injury inflicted upon Fax: 808.594. 1853 hope that you are not exhumed after hard and succeed everyone cries it. That is part of the remedy as Em ail: oha@a loha.net you pass on and go through what "unfair!" When Hawaiians do busi- described in the law of nations and our 'ohana are going through right ness the American way and are suc- international public law. now. This whole situation is really cessful, they are criticized; and if they " Ka Wai Ola 0 OHA crying shame. This is wrong! are too successful, they are indicted. See LETTERS on page 3 "The Li ving Water of OHA" Publ ished monthly by the Offi ce of Hawaiian Affairs, LEKA Kalele 71 1 Kapi'olan i Boulevard, 5th floor, Honolulu, Hawai 'i 96813. Telephone: 594-1980 or 1-800-468-4644 ext. 41888. Fax: 594-1865. E-mail: [email protected]. World Wide Web location: http://www.oha .org. Circulation: Halawa preservation 70,000 copies, 60,000 of which are distributed by mail , 7,000 through island offices, state and county offices, am respondipg to Y9Uf article in the private and community agencies and target groups and Ka Wai Olao OHA entitled "Hlilawa-f,p;hikl.t, individuals.
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  • Office of Hawaiian Affairs V. Housing and Community Development Corp

    Office of Hawaiian Affairs V. Housing and Community Development Corp

    --- P.3d ---- Page 1 --- P.3d ----, 2008 WL 257181 (Hawai'i) (Cite as: --- P.3d ----) Office of Hawaiian Affairs v. Housing and Community Development Corp. of Hawai‘i (HCDCH) Hawai‘i,2008. Only the Westlaw citation is currently available. NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. A PETITION FOR RECONSIDERATION IN THE SU- PREME COURT MAY BE PENDING. Supreme Court of Hawai‘i. OFFICE OF HAWAIIAN AFFAIRS, Rowena Akana, Haunani Apoliona, Dante Carpenter, Donald Cataluna, Linda Dela Cruz, Colette Machado, Boyd P. Mossman, Oswald Stender, and John Waihe‘e, IV, in their official capacities as members of the Board of Trustees of the Of- fice of Hawaiian Affairs, Pia Thomas Aluli, Jonathan Kamakawiwo‘ole Osorio, Charles Ka‘ai‘ai, and Keoki Maka Kamaka Ki‘ili, Plaintiffs-Appellants, v. HOUSING AND COMMUNITY DEVELOPMENT CORPORATION OF HAWAI‘I (HCDCH), Robert J. Hall, in his capacity as Acting Executive Director of HCDCH, Charles Sted, Chair, Stephanie Aveiro, Francis L. Jung, Charles King, Lillian B. Koller, Betty Lou Larson, Theodore E. Liu, Travis Thompson, Taiaopo, Tuimaleialiifano, Members of the Board of Directors of HCDCH, State of Hawai‘i, and Linda Lingle, in her capacity as Governor, State of Hawai‘i, Defendants-Appellees. No. 25570. Jan. 31, 2008. Background: Office of Hawaiian Affairs (OHA), and native Hawaiians, brought action for declaratory and injunctive relief against State and against Housing and Community Devel- opment Corporation of Hawai‘i (HCDCH), seeking to enjoin defendants from alienating ceded lands from the public lands trust. After jury-waived trial, the First Circuit Court, Sabrina S.