Celebrating 41 Years of Keeping the Tradition Alive
The Native Hawaiian Legal Corporation (NHLC) is the only non-profit, public interest law firm, concentrating in the unique area of Native Hawaiian Rights law. NHLC provides legal assistance to families and communities engaged in perpetuating the culture and traditions of Hawai'i's indigenous people.
Founded by several grass roots leaders in 1974, NHLC was a volunteer-run referral service initially. But the high demand for direct help, especially from families who needed legal assistance in protecting their lands, transformed NHLC into a law firm that now provides low cost legal help to approximately 700 clients annually.
MESSAGE FROM THE EXECUTIVE DIRECTOR
Through their practice of aloha `aina, Hawai`i’s original inhabitants ensured their continued existence in one of the most isolated and physically remote places on earth. For them, aloha `aina became the foundational principle of their sovereignty. This same principle continues to carry significant meaning for each of us and embraces much more than the western concept of “land” as a commodity because our capacity to reestablish that relationship with the `aina, or “that which feeds”, will decide the fullness of our life, our liberty, and our ultimate happiness.
As the Native Hawaiian Legal Corporation looks back this year on its’ last forty years of service as a guardian of the Native Hawaiian identity with a deep sense of pride and gratitude, we recommit ourselves to that kuleana and seek your continued kokua via a monetary donation to ensure our continuing capacity to seek and secure justice for the lands, resources, traditions, and customs of Hawai‘i's indigenous people. Mahalo for your continuing support and commitment!
COMING SOON - POWERPOINT PRESENTATIONS BY MOSES K.N. HAIA, III, SHARLA MANLEY, ESQ. AND KAUILA KOPPER, ESQ. AT THE ACCESS FOR JUSTICE CONFERENCE 2016
In short, BLNR acted improperly when it issued the permit prior to holding a contested case hearing. No case or argument put forth by UHH or BLNR persuades otherwise. The court vacates the circuit court's May 5, 2014 Decision and Order Affirming Board of Land and Natural Resources, State of Hawaii's Findings of Fact, conclusions of Law and Decision and Order Granting Conservation District Use Permit for the Thirty Meter Telescope at the Mauna Kea Science Reserve Dated April 12, 2013, and final judgment thereon. This matter is remanded to the circuit court to further remand to BLNR for proceedings consistent with this opinion, so that a contested case hearing can be conducted before the Board or a new hearing officer, or for other proceedings consistent with this opinion. For more information, click here for the Opinion.
In a 40-page decision issued late Friday afternoon, the court concluded, “the legislature has failed to appropriate sufficient sums to the Department of Hawaiian Home Lands for its administrative and operating budget in violation of its constitutional duty to do so. This failure includes every fiscal year since at least 1992.” In her ruling Judge Castagnetti noted that the “DHHL suffers from a lack of funding and staffing, which adversely affects beneficiaries of the Hawaiian Home Lands Trust.”
Moses Haia, the Executive Director of the Native Hawaiian Legal Corporation applauded the decision. “This has been a long time coming. We are thankful that the Court has provided the State and the DHHL with a roadmap for making good on the State’s constitutional mandate and on both the State’s and the DHHL’s trust duties under the Hawaiian Homes Commission Act. We trust this ruling will ultimately result in a significant increase in the number of beneficiaries living on Hawaiian Home Lands.” For more information, click here for the press release and here for the decision.
Aloha mai kakou! On Saturday, October 24, 2015, from 5pm to 9pm at the Ko‘olau Ballrooms, the Native Hawaiian Legal Corporation will hold a fundraiser to celebrate its 41st anniversary. This year’s fundraiser, like last year’s, is entitled Ho‘omalu Ka Lehua I Ka Wao: The Lehua Shelters the Forest.
Forty-one years ago the Native Hawaiian Legal Corporation, originally known as the Hawaiian Coalition of Native Claims, was founded by a group of passionate, committed grassroots community leaders. Lehua if you will. At a time when the criticism heaped upon them was perhaps as hot as flowing lava, they nonetheless took a stand to protect, preserve, and perpetuate the Native Hawaiian identity, a quality synonymous with the very essence of Hawai`i. But for the stand taken by our founding brave lehua and the lehua we will be honoring at this fundraiser, Beadie Dawson and Pua Burgess, Native Hawaiian practices such as the hula, `olelo Hawai`i (the Hawaiian language), aloha `aina (love for the land), malama `aina (taking care of the land), and malama iwi (the proper care for and respect of Native Hawaiian human remains), may have been forever lost and forgotten. The Native Hawaiian Legal Corporation owes its existence to these lehua. It is, as such, a privilege and an honor to be a part of such a wonderful legacy.
This important and rewarding work would not be possible without the support of all of you and so, on behalf of the staff, the board, and our current and future clients, mahalo nui loa for being our lehua through continuing to support our efforts to preserve the heart and soul of Hawai`i. Please come help us celebrate!
Trial began Tuesday in Circuit Court as two Native Hawaiian plaintiffs (Ku Ching and Mary Maxine Kahaulelio) are suing the State over the military training on tens of thousands of acres on ceded lands.
“We’re excited to have Mālia, Gina and Mark join the leadership of our organization because each one brings their own tremendous personal and professional experience and skill to the table and strengthens and diversifies the make-up of our board,” said Moses Haia, executive director of NHLC. “This is critical for NHLC's continuing evolution as an organization committed to the effective and efficient protection and preservation of the rights of Native Hawaiians.”
Ka'aihue, Ph.D., is a partner and vice president at DTL, a Hawaiian strategy studio, where she is responsible for daily operations and client service. Ka'aihue formerly served as director of community planning at WCIT Architecture, founding editor of MANA Magazine and chief knowledge officer at the Office of Hawaiian Affairs. Ka'aihue also taught and directed programs at the University of Hawaii System for 12 years.
Lobaco, who has more than 20 years of experience in fund development, serves as associate director of philanthropy at The Nature Conservancy of Hawai`i where she is responsible for funding of the Palmyra Program. Her career includes senior development positions with both Hawaii- and California-based organizations including Para Los Niños, Wilshire Boulevard Temple, Bet Tzedek Legal Services and the ACLU Foundation of Southern California.
Patterson’s career spans nearly 30 years working in various capacities within corrections facilities in Hawaii and Nevada. He currently is administrator of the Hawaii Youth Correctional Facility, responsible for management and operations. Patterson’s career also includes senior positions at Hawaii Women’s Community Correctional Center and the Halawa Correctional Facility.
On Friday, December 12, 2014 at 3:00 PM, Circuit Court Judge Gary Chang will consider arguments in his courtroom regarding the State's failure to protect public trust ceded lands at Pōhakuloa. Clarence Ching and Mary Maxine Kahaulelio, represented by the Native Hawaiian Legal Corporation, filed a motion for summary judgment asking the Court to conclude that the State breached its trust obligations by failing to ensure that the military complies with the conditions of its lease at Pōhakuloa. They also ask the Court to bar the State from negotiating the extension of the existing lease, which expires in 2029, or entering into a new lease until the State ensures that the terms of the existing lease have been satisfactorily fulfilled.
In 1964, the State agreed to lease three parcels of land at Pōhakuloa to the Federal government for military purposes. Lease conditions, however, require the military "make every reasonable effort to . . . remove or deactivate all live or blank ammunition" and to "remove or bury all trash, garbage or other waste materials." The State has done nothing to ensure that the military has complied with its promises.
To read the motion for summary judgment, click here.
Click here to read more about this year's Native Hawaiian Community Advocate Awardee Robin Danner!
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Your donation will enable the Native Hawaiian Legal Corporation to provide effective, low cost legal assistance to individuals, families and communities who seek to protect their traditional cultural practices and maintain their ancestral ties to their lands and natural resources.
Native Hawaiian Law: A Treatise
Mahalo to all of our