Ali’i / Chiefs / Governance | Page 88

April 22, 2018 by Peter T Young Leave a Comment

Hanailoia

Owing to the importance of the harbor of Honolulu, its central position in the Island chain and its increasing population, the principal chiefs and councilors convinced Kauikeaouli (Kamehameha III) to move the seat of government from Lāhainā to Honolulu. (Taylor)

By 1843, the decision was made to permanently place a palace in Honolulu. At about that time, Governor Mataio Kekūanāoʻa was building a house for his daughter (Princess Victoria Kamāmalu.)

Victoria Kamāmalu was the sister of Prince Alexander Liholiho and Prince Lot Kamehameha, who afterwards became, respectively, Kamehameha IV and Kamehameha V. Her mother, the High Chiefess Kīnaʻu, the Premier of the kingdom, was a half-sister of Kamehameha III, all being descendants of Kamehameha I. (Taylor)

The original coral block and wooden building called Hanailoia was built in July 1844 on the grounds of the present ʻIolani Palace. (Thrum) It has been said that in olden times a large heiau or temple existed on this spot, the name of which was Ka‘ahaimauli.

“The flight of stone steps leading to the hall, is just completed. Underneath the building is a deep cellar and outside of that, below the spacious verandah, the floor of which is raised six feet from the ground, are extensive accommodations for the guards and household servant.”

“The main-hall occupies the entire depth of the house, but disfigured at one end by an enclosed flight of stairs leading to the upper rooms.”

“On either side of the hall are lofty and spacious apartments of larger size, with broad and high windows reaching to the floor, and so constructed that they can be thrown entirely up, and give free access to the verandah, which entirely encircles the house.”

“The view from the upper story is very fine. It commands an extensive prospect, not only of the town, but the mountains and vallies, and seaward. It is divided into two rooms, and is, we believe, designed for smoking and lounging, during the heat of the day …”

“… for which, from its elevated position and coolness, the mountain breezes sweeping most delightfully through it, it is admirably calculated. With an eye to our own comfort, we could not help thinking what a nice editorial sanctum it would make.”

“The whole house, from its massive walls and deep verandah, must necessarily be very cool, in the hottest weather. The governor intends to lay out the grounds with taste, planting them with trees, &c, and has already prepared several wells to give the necessary supply of water.” (Polynesian, November 9, 1844)

“To a person who has ever visited any of the abodes of European sovereigns, such a term (‘palace’) would at once convey an idea of regal magnificence; but the residence of the Hawaiian monarch produces nothing that is superfluous, or even splendid.”

“On the contrary, every thing about it is plain, even to plebeianism, and induces a visitor to think that he may be treading the apartments of a chief rather than the palace of a sovereign. The grounds on which it stands cover between two and three acres, and are inclosed with a heavy wall of rough coral.”

“A visitor enters on the south side, between lodges occupied by sleepy sentinels. A small but beautiful grove of trees wave their stately foliage on either side of the path leading up to the royal apartments, and their cool shade reminds one of the groves of the Academy and the Lyceum, where so many of the old masters read, studied, and rambled.”

“A few steps bring you in front of the palace proper. It has a very simple, rustic appearance. The walls are composed of coral procured from the reefs along the shore of the harbor. The ground-plan covers an area of seventy-four feet by forty-four. The building is a story and a half high.”

“A noble piazza, eight or ten feet wide, and raised a few feet above the ground, entirely surrounds the building. The chief apartment is the one in which the king holds his levees. In the centre of the eastern wall of the apartment stood the chair of state. Its unpretending aspect led me to invest it rather with republican simplicity than monarchical aristocracy.” (Bates)

Various residences were placed around the grounds, the Palace being used principally for state purposes. ‘Hoihoikea’ was the name given to the large, old-fashioned, livable cottage erected in the grounds a little to ewa and mauka of the old palace, in which Kamehameha III, Kamehameha IV, and Kamehameha V resided. (Taylor)

The former Hanailoia, named Hale Ali‘i, was the palace used by Kings Kamehameha III, IV, V and Lunalilo. However, when Alexander Liholiho (Kamehameha IV) died November 30, 1863, his older brother Lot Kapuāiwa (Kamehameha V) became King and he considered a name change.

Minutes of the December 7, 1863 Privy Council note that Chancellor EH Allen “expressed the wish of the King to give a name to the Palace and that he wished it should be called St Alexander Palace.”

“After some discussion, Mr Wyllie moved that the following resolution be passed. … (However) after duly considering the Question, they would prefer the ‘‘Iolani Palace’ to the ‘Alexander Palace’ but that they respectfully defer to His Majesty right to give to his own Palace what ever name may best please himself.”

The minutes reflect that shortly thereafter, Acting Chamberlain, John O Dominis wrote, “I am ordered by His Majesty to inform You that he has styled His residence ‘‘Iolani Palace’ and you are instructed so to record it in the Minutes of the Privy Council.” (Privy Council, December 7, 1863)

So, Hanailoia was not only Honolulu’s first royal Palace, it was also the first ʻIolani Palace (although the Privy Council minutes refer to it as ‘ʻIolani Hale Ali‘i.’) It was torn down in 1878 to make way for the present ʻIolani Palace.

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White building in the front is old royal Mausoleum-Pohukaina. Wooden building behind it is original ʻIolani Palace

Old_Iolani_Palace_and_adjacent_premises,_ca._1850s

The old palace, which was built in 1845 and was replaced by Iolani Palace in 1882

Palace_of_King_Kamehameha_III,_from_the_harbor_(c._1853)

Hale_Aliʻi_with_Royal_Guards_(before 1879

Hale_Aliʻi_in_1857

Hale_Alii_illustration

Former_Iolani_Palace-before-1879

Pohukaina-in_front_of_Hale_Alii-original_Iolani_Palace-1850s

‘Io, the Endemic Hawaiian Hawk

April 21, 2018 by Peter T Young 3 Comments

Cyclorama

On May 1, 1893, nearly five months after the overthrow of the Hawaiian constitutional monarchy, the Chicago World’s Fair opened its doors. This fair was a celebration of the 400th anniversary of Christopher Columbus’s arrival in the New World.

At the fair, a road called the Midway Plaisance showcased different ethnic villages and performances, including Hawai‘i’s.

The Midway Plaisance of the Chicago World’s Columbian Exposition packed amusements along a mile-long strip and segregated them from the main exposition or the ‘White City’. (Imada)

The Hawaiian exhibit at the World’s Columbian Exhibition in Chicago in 1893 was organized by settler Hawaiians who were rallying for American annexation and trying to encourage tourism and more white settlement in the Islands. (Kamehiro)

“Between the Chinese Theatre and the Ferris Wheel stood the cyclorama (a large pictorial representation encircling the spectator and often having real objects as a foreground) of the greatest active volcano in the northern hemisphere.”

“In front of the pavilion was a heroic statue of Pele, the Hawaiian goddess of fire, made by Mrs (Ellen Rankin) Copp, the sculptor, and under the canopy a choir of Kanak musicians sang to the public, evoking much applause.”

“The crater of the volcano is 800 feet deep and 2 miles across. It is a lake of bubbling and thunderous lava set in the side of Mona Loa, a mountain 15,000 feet high. The station for the spectator of the picture was a heap of lava which had exuded and solidified in the center of the crater.”

“A priest climbed the cliffs that rimmed the scene and chanted an invocation to Pele, and his form added to the realism of the effects. The mountain peak and the Pacific Ocean, the baleful fires of the never slumbering volcano, the mists and lava floods, all conspired to make a great picture.” (The Inter Ocean, Chicago, January 7, 1894)

Circling the walls within are some 22,000 square feet or nearly half an acre of canvas, whereon is depicted ‘the inferno of the Pacific,’ the largest volcano on the face of the earth.

While not without merit, it does not compare with the other as a panoramic painting, the effect being largely produced by electric lights, pyrotechnics, and other mechanical contrivances.

The point of observation is in the very heart of the crater, and not on its brow where thousands of travellers have stood. Gazing upward and around, the spectator is encompassed with a hissing, bubbling sea of lava, with tongues of flame and clouds of steam rising from fathomless pits to overhanging crags and masses of rock.

All this is expressed with studied but not with artistic realism, fragments of rock being blended with painted cliffs on which are dummies and painted figures, presumably intended for tourists, while flashlights in various colors, with detonation of bombs and crackers, imitate in showman fashion the awful grandeur of an eruption. (Chicagology)

Such was Hawai‘i’s participation in the Chicago World’s Columbian Exposition in 1893.

The volcano concession also advertised the first hula troupe to perform at a world fair, accentuating the shift in the character of Native Hawaiian displays in international exhibitions from sovereign, historically-situated, and modern self-presentation to feminized, exotic, tourist curiosity.

Jennie Wilson, whose mother is a native Hawaiian, and an unknown companion, performing at the 1893 Columbian Exposition in Chicago at the Midway Plaisance in an exhibit called the” South Seas Islanders.”

This was the first time the hula was performed in the mainland of the United States. She and her group inadvertently contributed to the bad reputation of the hula with the ‘come-on’ song they were required to sing to urge audiences to see the ‘naughty hula.’ (Chicagology)

Besides the Hawai‘i cyclorama, there were five other rotunda panoramas represented at World Columbian Exposition: Gettysburg (Philippoteaux studio), Jerusalem On The Day Of The Crucifixion (Reed & Gross), Chicago Fire panorama (Reed & Gross), Bernese Oberland,(import from Switzerland), and Battle Of Chattanooga (Eugen Bracht studio, Berlin).

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Kilauea cyclorama on the Midway Plaisance at the World’s Columbian Exhibition, Chicago-1893

Kilauea cyclorama on the Midway Plaisance at the World’s Columbian Exhibition, Chicago, 1893

Jennie Wilson and companion hula at Midway Plaisance at the World’s Columbian Exhibition, Chicago, 1893

World’s Columbian Exhibition, Chicago, Map-1893

World’s Columbian Exhibition, Chicago, Map 1893

Chicago-1893

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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Joe the Statue Worshipper-Adler

Joe the Statue Worshipper-PP-46-11-016-00001

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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Henry_Bond_Restarick

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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