Hawaii Revised Statutes 673. Native Hawaiian Trusts Judicial Relief Act

  • 673-1 Waiver of Immunity.
    (a) The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions of its agents, officers and...
  • 673-2 Right to Sue.
    (a) Native Hawaiians as defined in section 201(a)(7) of the Hawaiian Homes Commission Act, native Hawaiian organizations, the office of Hawaiian affairs, and Hawaiians...
  • 673-3 Exhaustion of Administrative Remedies.
    Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted all administrative remedies available, and...
  • 673-4 Scope of Relief.
    (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted...
  • 673-5 Attorney's Fees and Costs.
    (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party's claim or defense was frivolous, assess...
  • 673-6 Award or Judgment As Bar.
    An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of...
  • 673-7 Limited Remedy.
    This chapter shall not be construed to limit or enlarge the scope of rights available under any other claims, proceedings or other actions against...
  • 673-8 Proof of Liability.
    In no action under this chapter shall any liability be implied against the State, and no award shall be made against the State except...
  • 673-9 Inapplicability to Share of Office of Hawaiian Affairs.
    This chapter shall not apply to suits in equity or law brought by or on behalf of the office of Hawaiian affairs in which...
  • 673-10 Limitation on Actions; Native Hawaiians.
    Every claim arising under this chapter shall forever be barred unless the action is commenced within two years after the cause of action first...

Cross References

Lands conveyed for development of housing projects, see 10-13.6 and 171-18.5.

Law Journals and Reviews

The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.

Courts and the Cultural Performance: Native Hawaiians' Uncertain Federal and State Law Rights to Sue. 16 UH L. Rev. 1 (1994).

A Modest Proposal for Determining Class Member Damages: Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action. 34 UH L. Rev. 1 (2012).

Case Notes

Where breach of trust claims were for damages resulting from the State's breach of trust duties and did not require a determination of the office of Hawaiian affairs' proportionate share of revenues under 673-9, this chapter applied to the instant claims. 110 H. 338, 133 P.3d 767 (2006).

Where plaintiffs failed to comply with the sixty-day notice requirement for filing suit under 673-3, this failure precluded the supreme court from reviewing any claims brought under this chapter. 110 H. 338, 133 P.3d 767 (2006).

Defendant State and state officials did not waive their sovereign immunity pursuant to chapter 673 where plaintiffs did not bring their claims under chapter 673 in their first amended complaint and plaintiffs' after-the-fact reliance on chapter 673 for a waiver of the State's sovereign immunity was solely for the purpose of their attorneys' fee request. 130 H. 162, 307 P.3d 142 (2013).

Last modified: October 27, 2016