Ka Wai Ola - Office of Hawaiian Affairs, Volume 27, Number 9, 1 September 2010 — OHA'S STANCE UPHELD IN DAY V. APOLIONA [ARTICLE]

OHA'S STANCE UPHELD IN DAY V. APOLIONA

The U.S. Ninth Circuit appellate court has affinned that OHA's expenditures in support of the Akaka Bill and other programs, including the Native Hawaiian Legal Corp., Alu Like and Nā Pua No'eau are consistent with federal law and OHA's federal trust obligations. "We are gratified by this important ruhng," said Haunani Apoliona, OHA Chairperson. "The ruling is good for OHA and our beneficiaries and gives us continued faith in our important mission of serving all Native Hawaiians." On Iuly 27 the appellate court rejected the plaintiffs' argmnent in Day v. Apoliona, in whieh several individuals of at least 50 percent Hawaiian blood challenged OHA's use of funds from section 5(f) of the Admission Act to support the Native Hawaiian Govermnent Reorganization Act and other programs. OHA CEO Clyde Nāmu'o said, "This ruling makes it clear that OHA Trustees have broad discretion when it comes to using funds from the Puhlie Land Tmst." The appeals court affimied Iudge Susan Oki Mollway's earlier decision, whieh granted summary judgment in favor of the OHA Trustees. The appeals court held that the OHA Tmstees established as a matter of law that eaeh of the challenged expenditures fell within one or more section 5(f) purposes. Those purposes are: the bettemient of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, support of the puhlie schools and other puhlie educational institutions, extensive development of faim and home ownership, the making of puhlie improvements and the provision of lands for puhlie use. ■