Hawaii Revised Statutes 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust

PART I. PURPOSE AND DEFINITIONS

• 674-1 Purpose.
  The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for...
• 674-2 Definitions.
  As used in this chapter, unless the context otherwise requires: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Actual damages" means...

PART II. INDIVIDUAL CLAIMS REVIEW PANEL

• 674-3 Establishment of the Board of Individual Claims Resolution.
  There shall be a Hawaiian home lands trust individual claims review panel to be composed of five members and appointed as follows: the chairperson...
• 674-4 Tenure and Compensation of Members.
  The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall...
• 674-5 Panel Staff; Power to Contract.
  (a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the...
• 674-6 Rulemaking Powers.
  The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the...
• 674-7 Review by Panel Required.
  Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21,...
• 674-8 Powers and Procedures of the Panel.
  (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take...
• 674-9 Panel Hearing or Review Proceedings; Fact-Finding; Evidence.
  No persons other than the panel or hearings officer, the claimant, representatives of the concerned state agency, legal counsel, witnesses, and persons called by...
• 674-10 Findings and Advisory Opinion.
  (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective...
• 674-11 Subsequent Litigation; Excluded Evidence.
  No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission,...
• 674-12 Immunity of Panel Members From Liability.
  No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding...
• 674-13 Legal Adviser.
  The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this...
• 674-14 Annual Report.
  The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening...
• 674-15 Limitations Upon Award of Compensation or Corrective Action.
  No claim shall be made under this chapter for which a remedy was or is provided elsewhere under the laws of this State, which is...
• 674-15.5 Preclusion of Title-Related Claims.
  Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the...

PART III. JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL
NATIVE HAWAIIANS

• 674-16 Waiver of Immunity.
  (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach...
• 674-17 Right to Sue, Individual Claims.
  (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the...
• 674-18 Scope of Relief.
  In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of §1]
• 674-19 Limitation on Actions.
  Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt...
• 674-20 No Implied Liability or Award.
  In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought...
• 674-21 Attorney's Fees and Costs.
  In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of...

Last modified: October 27, 2016