Ka Wai Ola - Office of Hawaiian Affairs, Volume 10, Number 4, 1 April 1993 — For breaches of Hawaiian Home Lands trust [ARTICLE]

For breaches of Hawaiian Home Lands trust

Review panel accepting individual claims

The Hawaiian Home Lands Trust Individual Claims Review Panel is now accepting individual claims from native Hawaiians who suffered actual damages or out-of-pocket losses through breaches of the Hawaiian Home Lands trust from 1959 to 1988. The panel began accepting claims on Feb. 1, following eompleūon of its rules. Under current law, all claims must be filed by Aug. 31, 1993. However, the panel is seeking a two-year extension of the filing date from the 1993 state Legislature.

The panel, created by the 1991 Legislature to receive and review individual claims, was appointed by Gov. John Waihe'e in April 1 992 from a list of nominees submitted by native Hawaiian organizations. Panel chairperson is Peter Liholiho Trask, an attorney with the United Public Workers. Other members are: Marie A. McDonald, a Waimea homesteader and flower grower; Alexander A.S. Ahuna, a Maui County poliee officer, Monsignor

Charles A. Kekumano, well known for his distinguished service in the ministry, and Warren C.R. Perry, an attorney in private practice on Kaua'i. The panel has staff and a Hawaiian Claims Office in the Department of Comme ee and Consumer Affairs. Its address is 828 Fort St. Mall, Suite 600, P.O. Box 641, Honolulu, Hawai'i 96809. Telephone is (808)5862826. Hours are 7:45 a.m. to 4:30 p.m. on regular business days. Beneficiaries may eall the office

to request a elaim form or to get information on filing a elaim. Neighbor islanders may eall 1-800-481-0800. The panel encourages persons meeting the following criteria to file their claims with the panel: • if they are eligible to receive benefits of homesteading and related programs from the Hawaiian Home Lands trust, and • the elaim is for actual damages or monetary out-of-pocket loss arising out of or resulting from a breach of trust, and ■ the breach of trust occurred between Aug. 21, 1959 (the day Hawai'i became a state) and June 30, 1988, and • the breach of trust was caused by an act or omission of an employee of the state in the management and disposition of trust resources under the Hawaiian Homes Commission Act.

Melody MacKenzie, executive director of the Hawaiian Claims Office, explained that "The (panel's) claims process was set up for individual beneficiaries to bring forth their claims for the period from 1959 to June 30, 1988. The Judicial Relief Act allows claimants to go into court on their breach of trust claims after June 30, 1988. "But the Legislature knew that there were claims for trust breaches for earlier periods and thus established the panel to receive and review those claims." The decisions and findings of the panel on a elaim will be forwarded to the Legislature for final action. Onee the Legislature has acted, the claimant may then go

to court if he or she does not agree with the Legislature's action on the elaim. Typical claims might be that a person's application was lost or misplaced, an applicant's name was wrongly removed from the waiting list, or that others who applied after the applicant were given a higher priority on the list. MacKenzie noted that although few claims have been filed to date, the staff has begun holding workshops on every island to explain the claims process and to aid beneficiaries in filing their claims. "We hope and expect that many claims will be filed as a result of the workshops," she said.

Panel staff will help beneficiaries file their claims. There is no filing fee. Eaeh claimant will need to provide the Hawaiian Claims Office with the original and two copies of a eiaim. The staff will investigate and prepare a report on eaeh elaim. The staff's job is not to represent claimants, but to find out all the facts about the elaim. Beneficiaries do not need to be represented by an attorney, but may bring in their own attorneys at any stage in the proceedings. In some instances, the panel may provide legal assistance to claimants who cannot afford an attorney. Based on the evidence gathered, the panel may recommend to the Legislature that the claimant be compensated or that corrective action be taken for the breach of trust described in the elaim. The Legislature may

accept or reject the panel's recommendations. If a claimant disagrees with the Legislature's action, he or she may file notice with the panel and in that way preserve their right to file a suit in court. If a claimant accepts the Legislature's action on the elaim, the panel's staff will make sure he or she receives any compensa-

tion awarded or that any corrective action is implemented. The workshops began Mar. 16 and conclude this month. All native Hawaiian beneficiaries are encouraged to attend. (Editor's note: Notice of the workshops reached Ka Wai Ola O OHA too late to include in our last issue.)

Hawaiian Ciaims Office workshops continue this month

The Hawaiian Home Lands Trust individual Claims Review Panel in the Department of Commerce and Consumer Affairs is receiving and reviewing claims of individuai beneficiaries who have suffered actual damages as a resuit of a breach of the Hawaiian Home Lands trust. The breach must have occurred between statebood and June 30, 1988, and have been caused by an act or omission of a state emp!oyee in the management and disposition of trust resources. The Hawaiian Ciaims Office, staff to the panel, began holding workshops in March to assist the communīfy in understanding the claims process and in filing c!aims. The workshops will expiain how the panel and the Hawaiian Ciaims Oifice operate and wili provide guidance on complcting the elaim fonns.

Ail locattons are accessible to persons with handieaps. Persons needing additional services (for Ihe hearing- or sight-impaired) shouid contact the Hawaiian Clatms Office at least four working days prtor to tbe workshop. Neighbor islanders may eall the state tol!-free number, 1-800-48 1 -0800. On O' ahu eali 586-2826. S,> , ,,, ,, A ' '• , ,, %m I

Workshop schedule Island Date Location HAWAI'I Waimea April 1 KuhiSHall Ka'a April 8 Na'alehu Club House Hilo April 12 Hawai'i Inst, of Tropical Agriculture O'AHU Kahuku Apr, 15 Kahuku Elem, School Cafeteria Waimanalo Apr. 19 Waimanalo District Park Hana Apr. 22 Helene Hall Kekaha Apr. 5 Kekaha School Cafeteria (all workshops will be held from 6 to 8:30 p.m)