Ka Wai Ola - Office of Hawaiian Affairs, Volume 15, Number 1, 1 January 1998 — PASH IN HĀʻENA [ARTICLE]

PASH IN HĀʻENA

Regarding the controversy over the recent Kohanaiki decision, more familiarly called PASH, I had the good fortune to attend a seminar entitled "Living with PASH," sponsored by the Native Hawaiian Bar Association and the Native Hawaiian Advisory Council. In attendance were attomeys, OHA, real estate people, major land owners, Hawaiian activists, even Attomey General Margery Bronster and retired Justice Walter Heen. The overwhelming conclusion on the PASH decision: Learn to live with it. It is important to realize that preexisting Hawaiian rights involve a procedure, based on eommon courtesy, that must be followed. Native See LETTERS, on page 3

practitioners observe an elaborate protocol and responsibility. Real estate laws require full disclosure to prospective buyers. It's a shame the state does not enforce disclosure laws. The practice of not disclosing facts about Hawaiians leads to confusion, anger, fear, even arrests when the Hawaiian exercises his rights and is conffonted by an uninformed land owner. An example is my case regarding the Shipman estate and access to a sacred area, Hā'ena. for a traditional religious ceremony. So far, the litigation has cost the taxpayer $250.000. The matter eontinues unresolved and there are many more cases still pending. Hank Fergustrom Hawai i, via the internet OHA reserves the right to edit all letters for Length, defamatory and libelous material, and other objectionable content, and reserves the right to print. All letters must be typed, signed and not exceed 200 words. Send letters to Ka Wai OLa o OHA, 711 Kapi'oLani Blvd., Suite 500, Honolulu, Hawai'i 96813. Readers ean also e-mail their letters to oha@aLoha.net. ■

Letters cont. Lbl I ERS, from page 2