Ka Wai Ola - Office of Hawaiian Affairs, Volume 25, Number 3, 1 March 2008 — 30-year dispute resolved — now let's focus on the future [ARTICLE+ILLUSTRATION]

30-year dispute resolved — now let's focus on the future

Haunani Apuliuna. MSW Chairpersūn, TrustEE, At-large

Aloha mai kākou, e nā 'ōiwi 'ōlino. At this writing, all in Hawai'i have been introduced to and informed on the deliberate and methodical steps taken by the Office of Hawaiian Affairs Trustees in the OHA-State settlement relating to "disputed" ineome and proceeds from the Puhlie Land Trust from 1978-2008. On Jan. 18, 2008, the day marking the start of the 1 1 6th year following the illegal overthrow of the Hawaiian government, attendees at a press eonference announcing the settlement were reminded that language passed by the 1980 Legislature regarding OHA revenue payments was, "ambiguous and lacked enough clarity to fuel and lead controversy on the source and amounts of revenue due to OHA. Revenue payments to OHA resulted in being a 'football,' kicked from the Legislature to the courts, back to the Legislature, with little to limited success for OHA and our beneficiaries." In 1980, then-State Sen. Neil Abercrombie remarked regarding the legislative language: "I fear that for those who are interested in seeing [OHA] move forward that they have won a Pyrrhic victory, that this is merely a skirmish in a very large battle. Although I would be delighted to say otherwise, I regret to say that I expect that the moment this passes into statute there will be a (law)suit and the business of the Office of Hawaiian Affairs is, as a result, going to be tied up in court for God knows how many years." OHA has negotiated with three governors to recover unpaid ineome and proceeds from the Puhlie Land Trust. OHA and the Waihe'e administration negotiated. As a result, the Legislature enacted Act 304 in 1990. Settlement of the "undisputed" ineome and proceeds due OHA resulted in payment in 1993 of $136 million for 19801991 enacted by the Legislature in

Act 35. But both parties aeknowledged "excluded matters" on revenue remained unresolved. In 1994 OHA sued the State in court regarding "excluded matters" for "disputed" revenues challenging the Cayetano administration from 1994-2002. A favorable 1996 OHA decision was appealed by Cayetano to the Hawai'i Supreme Court. Justice Moon directed OHA and the State, at oral arguments in 1998, to initiate negotiations toward resolution. That directive launched two OHA negotiations with the Cayetano administration, both ending in failure to settle; the first impacted by the 1998 OHA election and the second, in 1999, impacted by several State-imposed conditions, one of whieh was the State's condition for OHA to dismiss lawsuits against the State as part of settlement. One of those cases would have included OHA v. HCDCH (Housing and Community Development Corporation of Hawai'i). OHA appealed the 2003 State Court decision to the Supreme Court. The Hawai'i Supreme Court, unanimously, opined Jan. 31, 2008, "accordingly we vacate the trial court's January 31, 2003 judgment and remand this case to the circuit court with instructions to issue an order granting the plaintiff's request for an injunction against the defendants from selling or otherwise transferring to third parties (1) the Leiali'i parcel and (2) any other ceded lands from the puhlie land trust until the elaim of the native Hawaiians to the ceded lands have been resolved." In paragraph two, footnote six, the Justices further note, "... for the purposes of this opinion, we use the term (native Hawaiian) to mean "any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawai'i." Resolution of "disputed" payments to OHA of the ineome and proceeds from the Puhlie Land Trust 1978-2008, will only happen by 2008 Legislature action. Go to www.oha. org to read both the settlement and the legislation; email your legislator to cast that vote in support of passage, mahalo. 40/48 ^

LEO 'ELELE ■ TRUSTEE MESSAGES