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April 18, 2018 by Peter T Young Leave a Comment

Joe the Statue Worshipper

“Honolulu like other and larger cities, has its street characters. They are, fortunately, but few, which fact renders them perhaps all the more familiar to residents and noticeable to strangers.” (Thrum)

“Jose de Medeiros, 1880(?)-1932, popularly known as ‘Joe the Statue Worshipper,’ kept an almost daily vigil in front of the Honolulu statue for about 35 years. In tattered clothes he would shuffle back and forth in front of the South Iolani Palace gate.”

“Sometimes he would cross the street to stare fixedly at the statue and go through various obeisances.” (Adler)

He “began his strange veneration in 1896, when he was sixteen. Daily he would appear in early morning before the monument.”

“He would shuffle back and forth or stand in apparent rapture staring at the bronze figure. He would depart in late afternoon.” (The Bend Bulletin, August 19, 1932)

“Once a reporter asked him if he liked to see Kamehameha every day, and he answered: ‘He step down some day. Then I see him.’”

“Joe became a familiar sight to townspeople, many of whom gave him gifts of clothes or food or cigars.”

“Former Mayor John H. Wilson remembered seeing him in front of the statue as early as 1896. By 1930 Joe was missing from his usual post, and it turned out he was sick. He died in July, 1932.”

“How account for his strange behavior? As a child of two, Joe came to Honolulu in 1882 with his Portuguese immigrant parents on the Earl of Dalhousie, the same ship that brought the damaged original statue. He may have been influenced by the awed superstition of the immigrants toward it, or by remarks of his parents.” (Adler)

“Old Joe, who truly was one of the extraordinary characters of the Pacific, possessed an endurance record that put in the shade the activities or such persons as marathon dancers, pole sitters, pie-eating champions and the like.”

“He stood voluntary guard before the gilded statue of Kamehameha the Great in the plaza between ‘Iolani Palace and the Judiciary Building, Honolulu for thirty-four years.”

“As to way he stood there day after day, year after year, no one ever found out.”

“That was the mystery of Joe.”

“All that the oldest residents of Honolulu ever knew Joe to say was that ‘Someday he step down – then we talk.’ The ‘he’ was the great bronze Kamehameha effigy of the first of the line of Hawaiian kings, the ‘Napoleon o’ the Pacific’ who united the group in government and whose intellect was said to have been proportionate to his mighty stature of seven feet.”

“Kamehameha reigned about the time the American Colonies were setting their faces against kings in general.”

“The gilt statue of the great king stands today in the middle of Honolulu and is the tribute of this age to a man whose tactful efficiency made a true golden one of his reign a century and a half ago.”

“Hence, the legend rose that perhaps Joe Medeiros. Whose family came from the Azores, was the reincarnation of some far-wandering Portuguese seaman who landed in Hawaii when Kamehameha was king and remained there to live and love as his heart dictated.”

“Some, however, said that the reason poor Joe stood there before the statue was that he in his youth on the Island of Hawai‘i had been kicked on the head by a calf.”

“For some years, Riley H. Allen, Editor of The Honolulu Star-Bulletin, as a test of ingenuity, would send new members of the staff from the mainland to interview old Joe.”

“But with one exception, there was uniform failure.”

“Joe would accept a cigar or maybe a half dollar, regard the donor tolerantly and return to his ‘job.’”

“Old Joe lived with his sister in that section of Honolulu between the palace and the Ala Moana, and, contrary to general opinion, he never married. He was fifty-two years old.” (Noted within Goodrich)

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Filed Under: General, Ali'i / Chiefs / Governance, Prominent People Tagged With: Kamehameha Statue, Jose de Medeiros, Joe the Stature Worshipper, Hawaii, Oahu

April 17, 2018 by Peter T Young 2 Comments

Pahua Heiau

“The ships were very light, having such a quantity of water expended, and our rigging fore and aft stood much in need of repairing and overhauling …”

“… so that we thought it prudent to quit our present situation and proceed for King George’s Bay (Maunalua Bay,) Woahoo, where we could lie well sheltered from the prevailing winds, and do every thing necessary both to the hulls and rigging of the ships …” (Portlock)

Accounts of early western visitors to the southeast coast of O‘ahu suggest that the area from Waikīkī to Maunalua Bay, including Wai‘alae, Wailupe, Niu and Kuliʻouʻou was well-populated and that food resources were more than sufficient. Anchoring his ship, the King George, in Maunalua Bay in 1786, Captain Nathaniel Portlock reported:

“Soon after our arrival, several canoes came off and brought a few cocoa-nuts and plantains, some sugar-cane and sweet root; in return for which we gave them small pieces of iron and a few trinkets.” (Portlock)

“… as the people now brought us plenty of water, I determined to keep my present situation, it being in many respects an eligible one; for we hitherto had been favoured with a most refreshing sea breeze, which blows over the low land at the head of the bay …”

“… and the bay all around has a beautiful appearance, the low land and vallies being in a high state of cultivation, and crowded with plantations of taro, sweet potatoes, sugar cane, &c, interspersed with a great number of cocoa-nut trees, which renders the prospect truly delightful. (Portlock)

The name Maunalua (two mountains) is said to have been attributed to Ka Lae o Koko, also known as Kuamo‘okāne (today known as Koko Head), and Kohelepelepe (today known as Koko Crater.) (Coleman)

Pahua Heiau is one of dozens of recorded archaeological sites and one of four confirmed heiau sites in Maunalua and is one of the most significant sacred sites remaining in Maunalua (now known as Hawai‘i Kai) on the southeastern shore of the island of O‘ahu.

Consisting of stacked stone terraces arranged in a rectangular shape, Pahua is a heiau (temple or shrine, place of worship.) It measures 68 by 40 feet and is set against the base of the ridge dividing the Kamilonui and Kamiloiki Valleys. (Coleman)

“The heiau sits high on the hillside above the far inland head of Kua-pā Pond, also known as Keahupua–o–Maunalua Fishpond… In former times one could look out from this vantage point over the broad plain surrounding the pond below and stretching eastward across the “saddle” behind Koko Crater to Kalama and Wāwāmalu beyond.” (Bertell Davis; Coleman)

Archaeologists suggest that Pahua was once an agricultural heiau, constructed between the fifteenth and eighteenth century, although there are many theories surrounding its traditional usage and function. (Coleman) Some suggest I may be a ko‘a (fishing shrine.)

The interpretation of the word pā–hua as “an enclosure of fruits” has been used as a support the thought that it was an agricultural heiau.

The word hua not only has meanings associated with fruit, ovum and seeds, but also with general fertility and fruitfulness (particularly as applied to a high agricultural yield; the verb hua means to sprout. (Coleman)

When the archaeologist J Gilbert McAllister first documented Pahua as a field site in the 1930s, the heiau had been abandoned for some time; he was unable to definitively ascertain its function and significance, either from previously published works or from interviews with kamaʻāina living in the area.

If Pahua was an agricultural heiau, it is likely that the kapu surrounding it were not exceedingly strict, and it is possible that low-ranking ali‘i of the area may have constructed the site and worshiped there.

Pahua was the only name recorded for the heiau as given by a native Hawaiian informant to McAllister in the early 1930s. Despite the possibility that Pahua was not the original or proper name for the site, limited historical evidence suggests that it was.

For example, Pahua is also documented as a name for the area in nūpepa (Hawaiian language newspapers) during the early and mid-1800s.

Reference to Pahua as a place is found in one of the first kanikau (chant of mourning) ever printed in the nūpepa. In the August 8, 1834 issue of Ka Lama Hawai‘i, David Malo used the phrase “noho anea kula wela la o Pahua,” (tarrying in the vibrating heat of the hot plains of Pahua.) (Coleman)

One meaning of the word pahua is “down–trodden,” which can be used to describe grass that has been flattened. Although rare, this understanding of pahua correlates to the description of Pahua as a kula (plain) that is found in the kanikau (laments) printed in the nūpepa.

Maunalua was also known for cattle in the 1880s. Other variations of pahua also suggest a link to cattle; the meaning of the word pāhu‘a is similar to that of kīpuka (a clearing, an oasis, a change in form.)

And it especially refers to an area that is free of brush and vegetation, such as a pasture where it was easy to rope cows. The word pahu‘ā, (pahu, to push; ‘ā, to drive, as in cattle) also suggests a strong association with cattle. (Coleman)

Pahua Heiau was excavated and restored during a volunteer community service project directed by Bertell D Davis with the Outdoor Circle and others in 1985.

Excavation uncovered evidence that the heiau was constructed in several stages, but Davis was not able to determine the chronology of the construction sequence. (Jordan)

Pahua heiau sits on land gifted to Office of Hawaiian Affairs by Kamehameha Schools in 1988, OHA’s first land holding. The site is located on the slope at the south end of the ridge between Kamilo Nui and Kamilo Iki Valleys, overlooking the top end of Makahuena Place.

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Filed Under: Hawaiian Traditions, Place Names Tagged With: Oahu, Maunalua, Hawaii Kai, Office of Hawaiian Affairs, Pahua Heiau, Hawaii

April 16, 2018 by Peter T Young Leave a Comment

Bishop Restarick Takes Over Episcopal Church

“Not only did (the influence of Captain Vancouver) with Kamehameha lead the latter to consider the possibility of England’s protective and developing hand in the future of the Islands, but he was also led to welcome Vancouver’s promise that upon his approaching return to England he would use his influence to have Christian teachers sent to the Islands.”

“Vancouver made an effort to fulfill this promise; but on his return he found England occupied with European troubles, and he himself died soon after.”

The Islands were not left entirely without the ministry of the Church. Vancouver had discovered an English chaplain, one John Howell, whom he could commend to Kamehameha along with Isaac Davis and John Young. However, Howell’s stay in the Islands proved brief; he left in 1795.

Other English chaplains visited the Islands from time to time and it was one of these who, early in the 19th Century, celebrated the first Christian marriage according to the form of the Episcopal Church between James Young, the second son of John Young, and a daughter of Isaac Davis.

Vancouver’s promise was not forgotten; in November, 1823, Liholiho (Kamehameha II) sailed for England one of his purposes was to remind George IV of the English promise. Unfortunately, he contracted measles and died in England before he had even seen King George.

Missionaries did come … American Protestant missionaries were the first to arrive (in 1820). Then, early in July 1827, there arrived at Honolulu the French ship La Comete with a band of Roman Catholic missionaries. In 1852, the desire for the Episcopal Church was still alive.

Admirable as these efforts were in ministering to the foreign residents of Honolulu and in maintaining interest in the Church, no really effective or permanent work could be done without a resident Bishop.

Then, the Rev. Thomas Nettleship Staley, fellow of Queen’s College, Oxford, and a tutor of St. Mark’s College, Chelsea, was consecrated on December 15, 1861, as Bishop for Honolulu.

Bishop Staley reached Honolulu on Saturday, October 11, 1862. The Mission inaugurated by Bishop Staley was almost immediately incorporated as the Hawaiian Reformed Catholic Church.

A continual source of encouragement to Bishop Staley was the steadfast devotion of Kamehameha IV and Queen Emma to the Mission. Confirmed on November 28, 1862, the sovereigns gave generously of their time and influence.

Not infrequently they were sponsors in Baptism, and the King prepared an Hawaiian translation of the Book of Common Prayer. He also rendered invaluable service in assisting Bishop Staley in the preparation and delivery of his sermons in Hawaiian. (Anglican History)

“The establishment here of the Reformed Catholic Church was one of the visionary schemes of the late R. C. Wyllie and never met with the cordial support of English or American Episcopalians for the main object appeared transparent from the first to be political rather than religious.” (Restarick) Finally, in 1870. after seven years of effort, Bishop Staley felt obliged to resign.

When Kamehameha IV died on St. Andrew’s Day, 1863, it seemed fitting that the proposed Cathedral should be erected in his memory and dedicated to St. Andrew. On March 5, 1867, Kamehameha V laid the cornerstone

Unfortunately, Bishop Staley’s return to England brought the work to an end with only the choir and tower foundations completed. Nothing further was done for about a decade.

The stone which had been sent out from England was allowed to remain crated on the ground. The congregation seemed satisfied to continue worshipping in the small frame Pro-Cathedral which had served them since 1866.

Failing to secure an American Bishop, the English authorities then turned to a successful parish priest, the Rev. Alfred Willis, who accepted the call and was consecrated February 2, 1872, in Lambeth Chapel. In 1901, Bishop Willis resigned as the Bishop of Honolulu.

Then, “On April 16, 1902, there flashed across the Pacific a message for the House of Bishops, then meeting, which read: ‘Transfer made. Good feeling prevails. Cathedral unified.’”

“‘Seldom better property or promise to start Missionary District. Movement to provide house for new Bishop. Young Bishop would rally young lay helpers. Disastrous to delay election.’”

“In response to this urgent appeal, there was elected the next day, as the first American Bishop of the Hawaiian Islands, the Rev. Henry Bond Restarick, then rector of St. Paul’s Church, San Diego, California.”

“This event, as intimated by the cablegram, was not the beginning of the Church in Hawaii. Something had gone before”. (Protestant Episcopal Church, Department of Missions, 1927)

In 1920, Bishop Restarick, having undergone two serious operations and being quite ill, determined to resign. The House of Bishops accepted his resignation and chose as his successor the Rev. John D. La Mothe. Bishop La Mothe was consecrated on June 29, 1921, in the Church of the Ascension, Baltimore, and arrived in Honolulu on August 16.

Initially the church was called the Hawaiian Reformed Catholic Church but the name would change in 1870 to the Anglican Church in Hawai‘i.

In 1902 it came under the Episcopal Church of the US. Initially the church was called the Hawaiian Reformed Catholic Church but the name would change in 1870 to the Anglican Church in Hawai‘i. In 1902 it came under the Episcopal Church of the US.

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Filed Under: Prominent People, General, Ali'i / Chiefs / Governance, Missionaries / Churches / Religious Buildings Tagged With: Hawaii, Kamehameha IV, Queen Emma, Episcopal, Anglican Church, Hawaiian Reformed Catholic Church, Henry Bond Restarick

April 15, 2018 by Peter T Young Leave a Comment

Missed the Boat

“Mrs Charles A Hellwig was hostess at a tea in honor of Miss Ruth Waller, a Honolulu girl who will leave shortly for England where she will be married to Hugh Clegg, a wealthy manufacturer.”

“Miss Waller has been abroad for the last six years studying music and languages and returned to California to spend the winter with her parents and took a house in Central avenue, Alameda. The wedding will take place in London.” (Hawaiian Star, January 27, 1912)

“At a pretty home ceremony, witnessed by half a hundred relatives and close friends, Miss Ruth Waller of Alameda became the bride of John Hugh Clegg of England … The bride was given in marriage by her father Gilbert Waller … formerly prominent residents of Honolulu.”

“The Royal Hawaiian Quintette furnished the wedding music, and Miss Gladys Kaighin, a friend of the bride, sang several appropriate songs prior to the ceremony. An elaborate wedding supper followed. The bride’s table was decked in pink roses and pink shaded candles, with water colored name cards of cupids and miniature brides marking places for fifteen.”

“The bride is the daughter of Mr. and Mrs. Gilbert Waller of Central avenue, formerly prominent residents of Honolulu, and is well-known in the social circles of the Encinal City. She is charming, accomplished, a talented violinist.”

“She met Clegg when studying music in Leipsic. Clegg is a wealthy English merchant, and their wedding trip will include a tour of the world. On March 1 they will sail for Honolulu, from there to Australia and India, eventually reaching London, their future home.”

“The ceremony was originally set for the 14th, but was hastened on account of the imperative departure today of the bride’s father for Honolulu, necessitated by business affairs.” (Hawaiian Star, March 11, 1912)

Their travels did not go as planned …

“Clegg and his bride (had) expected to return on the Titanic. Clegg’s business delayed his return and he was unable to sail on the Titanic. He probably owes his life and the life of his bride to this press of business.”

“Clegg was personally acquainted with Captain Smith, the commander of the ill-fated Titanic. Smith was in command of the Olympic on the voyage to Liverpool, leaving the Olympic at the end of that trip to take over the Titanic.” (Hawaiian Star, June 1, 1912)

“(I)n the cold, dark, early morning hours of 15 April 1912, the new and magnificent White Star liner RMS Titanic sank after colliding with an iceberg, approximately 365 nautical miles east-northeast of the Newfoundland coast.”

“The ship, en route to New York on her maiden voyage, was at the time the largest passenger liner in the world, but certainly not the fastest.”

“Although touted as nearly unsinkable by many, the great ship foundered some two hours and forty minutes after striking an iceberg, sending her approximately two and a half miles down to the bottom of the North Atlantic.”

“The loss of life was horrific and, for many, totally unnecessary and was the greatest maritime disaster of the time. No one was ever held accountable for the negligence, gross negligence, or criminal acts that resulted in the needless deaths of this tragedy.” (Paton; The Final Board of Inquiry)

For context, in 1912, “In England, Winston Churchill announced that the Royal Navy would be enlarged and the British War Staff is established. Scott’s Antarctic expedition reached the South Pole only to discover that Amundsen had arrived there first. Coal miners throughout England went on strike and the Titanic commenced her sea trials in Belfast Lough on 2 April 1912.”

“The Royal Air Force was formed and England informed Germany that it would aid France in the event of attack by Germany. The clouds of war were already forming.”

“In other maritime news three unrelated sea disasters took place. The SS Kichemuru sank in a violent storm off the coast of Japan with a loss of 1,000 lives, the Spanish SS Principe de Asturias sank with 500 dead, and two steamships collided on the Nile resulting in 200 deaths.”

“The Titanic left Southampton for Cherbourg on 10 April and later commenced her maiden transatlantic voyage from Queenstown (now Cobb), Ireland, to New York. The Titanic subsequently sank on 15 April at 0227, approximately 365 nautical miles off the Newfoundland coast, with great loss of life.”

“In the United States the first lady, Mrs. Taft, planted the first cherry tree in Washington, D.C. The Dixie Cup was invented and U.S. Marines invaded Nicaragua and re-invaded Cuba. The Beverly Hills Hotel opened.”

“This is the backdrop against which the world, while still at peace, witnessed the worst maritime disaster it had ever experienced. It was a loss that was suffered by not only immigrants and middle-class professionals but by the elite of high society and wealth on both sides of the Atlantic as well.” (Paton; The Final Board of Inquiry)

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Filed Under: General, Prominent People, Sailing, Shipping & Shipwrecks Tagged With: Hawaii, Titanic, Ruth Waller, Hugh Clegg, EJ Smith

April 14, 2018 by Peter T Young Leave a Comment

Protection of Traditional & Customary Practices

Several Supreme Court Cases have reviewed and clarified Native Hawaiian rights to Traditional & Customary practices. The Court noted:

“Our proud legal tradition in this State of protecting Native Hawaiian rights is not of recent vintage, for even as far back as the days of the Hawaiian Kingdom, protections have been in place to ensure the continued exercise of traditional Hawaiian rights amidst the pressures exerted by countervailing interests of a changing society.

“[A number of legal cases have been appealed to the Hawai‘i Supreme Court. Decisions by the Court in those cases have defined, explained and clarified. The Supreme Court’s] “evolving jurisprudence concerning Native Hawaiian traditional and customary rights has conceived of a system in which the State and its agencies …”

“… bear an affirmative constitutional obligation to engage in a meaningful and heightened inquiry into the interrelationship between the area involved, the Native Hawaiian practices exercised in that area, the effect of a proposed action on those practices, and feasible measures that can be implemented to safeguard the vitality of those practices.”

“When an individual of Native Hawaiian descent asserts that a traditionally exercised cultural, religious, or gathering practice in an undeveloped or not fully developed area would be curtailed by the proposed project, the State or the applicable agency is “obligated to address” this adverse impact …”

“Consequently, if customary and traditional Native Hawaiian practices are to be meaningfully safeguarded, “findings on the extent of their exercise, their impairment, and the feasibility of their protection” are paramount. … To effectively render such findings, it is imperative for the agency to receive evidence and then make “[a] determination … supported by the evidence in the record.” (Pollack, SCAP-14-0000873 2015:3-10)

Following are some of the cases that address Native Hawaiian rights to traditional and customary practices.

Oni v Meek (1858)

In 1858, Oni, a tenant of the ahupua‘a of Hono‘uli‘uli, O‘ahu, filed suit against John Meek, who had a lease over the entire ahupuaʻa. Oni brought suit when some of his horses, which had been pastured on Meek’s land, were impounded and sold.

Oni claimed that he had a right to pasture his horses on the land division as one of his traditional tenant rights (by custom and by language in the Kuleana Act).

On September 22, 1858, the Police Court of Honolulu rendered a judgment for Oni. Meek was ordered to pay $80.00 for two horses and $4.00 in court costs. At the request of the defendant (Meek), the case was appealed to the Hawai‘i Supreme Court.

The Supreme Court was concerned with the right of a private property owner to use the land as he individually wished without having to share its use. The court said “the custom contended for is so unreasonable, so uncertain, and so repugnant to the spirit of the present laws, that it ought not to be sustained by judicial authority.”

The court also said “…it is perfectly clear that, if the plaintiff (Oni) is a hoaʻāina, holding his land by virtue of a fee simple award from the Land Commission, he has no pretense for claiming a right of pasturage by custom.” (Judicial History Center) The Supreme Court ruled in favor of Meek.

Common Law – Hawaiian Usage (1892)

In 1892, the legislature of the Hawaiian Kingdom and Queen Liliʻuokalani passed a law that recognized Hawaiian usage as part of the common law of the Kingdom, together with the common law of England. (McGregor & MacKenzie)

Act to Reorganize the Judiciary Department, ch. LVII, § 5, 1892 Laws of Her Majesty Lili‘uokalani, Queen of the Hawaiian Islands, provided for exceptions to the English common law that were “established by Hawaiian national usage.” (McGregor & MacKenzie)

This law, which is today known as Section 1-1 of the Hawaiʻi Revised Statutes (HRS), provided the basis for the rights of the makaʻāinana (common people) beyond the rights reserved under the Kuleana Act, so as to include whatever was broadly customary as Hawaiian usage prior to 1892. (McGregor & MacKenzie)

State Constitutional Amendments (1978)

In 1978, the State convened a historic constitutional convention that included recommendations that reaffirmed its commitment to Native Hawaiian interests and values.

The 1978 Constitutional Convention recognized the need to “preserve the small remaining vestiges of a quickly disappearing culture [by providing] a legal means … to recognize and reaffirm native Hawaiian rights.”

“The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua’a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.” (Hawaiʻi Constitution, Section 7)

Kalipi v Hawaiian Trust Co (1982)

In 1982, plaintiff William Kalipi, a Moloka‘i taro farmer, sought access to private land in order to gather “ti leaf, bamboo, kukui nuts, kiawe, medicinal herbs and ferns.”

The Hawai‘i Supreme Court held that “lawful occupants of an ahupua‘a may, for the purposes of practicing native Hawaiian customs and traditions, enter undeveloped lands within the ahupua‘a to gather those items enumerated in HRS § 7-1.” (Belatti & Garcia)

The Hawaiʻi Supreme Court noted: “The statutory exception to the common law is thus akin to the English doctrine of custom whereby practices and privileges unique to particular districts continued to apply to residents of those districts in contravention of the common law.”

“This, however, is not to say that we find that all the requisite elements of the doctrine of custom were necessarily incorporated in § 1-1. Rather, we believe that the retention of a Hawaiian tradition should in each case be determined by balancing the respective interests and harm once it is established that the application of the custom has continued in a particular area.” (Hawaiʻi Supreme Court, Kapili, 656 P.2d 745 (1982))

Public Access Shoreline Hawai‘I (PASH) v Hawai‘i Planning Commission (1995)

In PASH, developer Nansay Hawai‘i, Inc. applied to the Hawai‘i County Planning Commission for a Special Management Area permit to develop a resort community covering over 450 acres of shoreline area on the Big Island of Hawai‘i.

The Hawaiʻi Supreme Court explained in PASH case that “the State’s power to regulate the exercise of customarily and traditionally exercised Hawaiian rights … necessarily allows the State to permit development that interferes with such rights in circumstances. Nevertheless, the State is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of Hawaiians.”

In PASH, the court reaffirmed the State’s affirmative duty to protect customary rights as it regulates the development of land “previously undeveloped or not yet fully developed” in Hawai‘i. The court admonished State agencies, stating that they “[do] not have the unfettered discretion to regulate the rights of ahupua‘a tenants out of existence”.

The PASH Court also clarified that “those persons who are ‘descendants of native Hawaiians who inhabited the islands prior to 1778,’ and who assert otherwise valid customary and traditional Hawaiian rights under HRS 1-1, are entitled to protection regardless of their blood quantum.”

Pele Defense Fund v Paty (1992)

Plaintiff Pele Defense Fund challenged the exchange of more than 27,000 acres of public lands, including areas designated as Natural Area Reserve lands, between the State and a private landowner.

Related to this, it was determined that, “The nature and scope of the rights reserved to hoaʻāina (tenants) by custom and usage are to be defined according to the values, traditions and customs associated with a particular area as transmitted from one generation to the next in the conduct of subsistence, cultural, and religious activities.”

That case also found that residency of a particular ahupuaʻa was not required for gathering, noting, “Unlike other areas in Hawai‘i, Hawaiians historically crossed ahupua‘a boundaries in the Puna district. …”

“…The hunting and gathering patterns in the Puna district are unique because they are influenced, to a large extent, by an active volcano, Kīlauea. It can be reasonably inferred that volcanic eruptions in the Puna area force hunters and gatherers to change areas to find plants and animals for subsistence purposes.” (Circuit Court of the Third Circuit, Civil No. 89-089 2002)

The Pele Defense Fund decision extended rights to non-Hawaiians, noting, “Accordingly, non-Hawaiians could have the same right as Hawaiians, irrespective of Article XII, § 7, if they could prove that their rights were based on custom and usage.”

Water Use Permit Applications (2000)

“The Waiāhole Ditch System collects fresh surface water and dike-impounded ground water from the Koʻolau mountain range on the windward side of the island of Oʻahu and delivers it to the island’s central plain.”

“Beginning in Kahana Valley, the collection portion of the system proceeds along the windward side of the Koʻolaus, then passes under the Koʻolau crest to the leeward side at the North Portal. … The ditch system was built in significant part from 1913 to 1916 to irrigate a sugar plantation owned and operated by Oʻahu Sugar Company, Ltd. (OSCo).”

“Diversions by the ditch system reduced the flows in several windward streams, specifically, Waiāhole, Waianu, Waikāne, and Kahana streams, affecting the natural environment and human communities dependent upon them.”

“Diminished flows impaired native stream life and may have contributed to the decline in the greater Kāneʻohe Bay ecosystem, including the offshore fisheries. The impacts of stream diversion, however, went largely unacknowledged until, in the early 1990s, the sugar industry on Oʻahu came to a close.”

In 2000, the Hawaiʻi Supreme Court noted “we continue to uphold the exercise of Native Hawaiian and traditional and customary rights as a public trust purpose. … [T]he mandate of ‘conservation’-minded use subsumed in our state’s water resources trust contemplates ‘protection’ of waters in their natural state as a beneficial use. … [T]his state bears an additional duty under Article XII, section 7 of its constitution to protect traditional and customary Native Hawaiian rights.”

Ka Pa‘akai o ka ‘Āina v Land Use Commission (2000)

In the dispute before the LUC, Native Hawaiian community organizations opposed the re-classification of over 1,000-acres from conservation to urban lands for the Ka‘ūpūlehu Resort Expansion, a luxury development project on the island of Hawai‘i.

Within the reclassified lands, the Court noted that the coastal point known as Kalaemanō and the historic 1800-1801 Ka‘ūpūlehu Lava Flow were two well-known physical features associated with native Hawaiian culture and history. The Court also noted the association of two historical figures to the petition area, Kame‘eiamoku and Kamanawa, two chiefs who served as advisers to Kamehameha I.

The Court reaffirmed special protections for Native Hawaiian cultural practices when it ruled that the State Land Use Commission (LUC) failed to satisfy its statutory and constitutional obligations to preserve and protect customary and traditional rights of Native Hawaiians.

Ultimately, the Court held that the LUC’s determinations were “insufficient to determine whether [the LUC] fulfilled its obligation to preserve and protect customary and traditional rights of native Hawaiians.”

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Hawaii Supreme Court
Hawaii Supreme Court
Oni v Meek (Hawaiʻi Judiciary)
Oni v Meek (Hawaiʻi Judiciary)
Bill Paty signing 1978 Con Con Document (Honolulu Advertiser)
Bill Paty signing 1978 Con Con Document (Honolulu Advertiser)
Pele Defense-Wao Kele o Puna Geothermal Well (WKOP Transfer Celebration)
Pele Defense-Wao Kele o Puna Geothermal Well (WKOP Transfer Celebration)
PASH-Kohanaiki Beach Park (Live in Hawaiʻi)
PASH-Kohanaiki Beach Park (Live in Hawaiʻi)
Waterfall believed to be at Waiāhole (CWRM)
Waterfall believed to be at Waiāhole (CWRM)

Filed Under: Ali'i / Chiefs / Governance, Hawaiian Traditions Tagged With: Common Law, PASH, Pele Defense Fund, Traditional and Customary Practices, Oni v Meek, Constitutional Amendments, Kalipi v Hawaiian Trust, Public Access Shoreline Hawaii, Water Use, Ka Paakai o ka Aina, Hawaii

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