Section 5. There is hereby established an Office of Hawaiian Affairs. The Office of Hawaiian Affairs shall hold title to all the real and personal property now or hereafter set aside or conveyed to it which shall be held in trust for native Hawaiians and Hawaiians. There shall be a board of trustees for the Office of Hawaiian Affairs elected by qualified voters who are Hawaiians, as provided by law. The board members shall be Hawaiians. There shall be not less than nine members of the board of trustees; provided that each of the following Islands have one representative: Oahu, Kauai, Maui, Molokai and Hawaii. The board shall select a chairperson from its members. [Add Const Con 1978 and election Nov 7, 1978]


Cross References


Statutory provisions, see chapters 10 and 13D.


Attorney General Opinions


A voter must qualify as a Hawaiian in his or her own right, not on the basis of the racial descent of the adoptive parents. Att. Gen. Op. 80-6.

The requirement that trustees be Hawaiians is not violative of the equal protection clauses; also the restriction to Hawaiians of the right to vote for trustees is not impermissible. Att. Gen. Op. 80-8.


Law Journals and Reviews


To Dwell on the Earth in Unity: Rice, Arakaki, and the Growth of Citizenship and Voting Rights in Hawai`i. V HBJ No. 13, at pg. 15.

Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.

Native Hawaiian Entitlement to Sovereignty: An Overview. 17 UH L. Rev. 427.

The California Civil Rights Initiative: Why It's Here, Its Far Reaching Effects, and the Unique Situation in Hawai`i. 22 UH L. Rev. 279.

Matters of Trust: Unanswered Questions After Rice v. Cayetano. 23 UH L. Rev. 363.

The Akaka Bill: The Native Hawaiians' Race For Federal Recognition. 23 UH L. Rev. 857.

Akaka Bill: Native Hawaiians, Legal Realities, and Politics as Usual. 24 UH L. Rev. 693.

Doe v. Kamehameha Schools: A "Discrete and Insular Minority" in Hawai`i Seventy Years After Carolene Products? 30 UH L. Rev. 295.

Ensuring Our Future by Protecting Our Past: An Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection. 33 UH L. Rev. 321 (2010).

The Moon Court's Environmental Review Jurisprudence: Throwing Open the Courthouse Doors to Beneficial Public Participation. 33 UH L. Rev. 581 (2011).

Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).

The Crown Lands Trust: Who Were, Who Are, the Beneficiaries? 38 UH L. Rev. 213 (2016).

A Collective Memory of Injustice: Reclaiming Hawai`i's Crown Lands Trust in Response to Judge James S. Burns. 39 UH L. Rev. 481 (2017).

(Re)Righting History: Deconstructing the Court's Narrative of Hawai`i's Past. 39 UH L. Rev. 631 (2017).


Case Notes


State's electoral restriction enacted a race-based voting qualification; Hawaii's denial of petitioner's right to vote, where petitioner was not a "Hawaiian", was a clear violation of the Fifteenth Amendment to the U.S. Constitution. 528 U.S. 495.

Does not violate 5 of the Admission Act. 921 F.2d 950.

Limitation of eligibility to be a candidate for office of Hawaiian affairs trustee to Hawaiians invalid under the Fifteenth Amendment and 2 of the Voting Rights Act; plaintiffs lacked standing to challenge the restriction that appointed trustees be Hawaiian. 314 F.3d 1091.

Plaintiff challenging constitutionality of article XII, 5 and 6 of state constitution and chapter 10, lacked standing, where plaintiff had not suffered any injury-in-fact. 188 F. Supp. 2d 1233.



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