[CHAPTER 673]

NATIVE HAWAIIAN TRUSTS JUDICIAL RELIEF ACT

 

Section

673-1 Waiver of immunity

673-2 Right to sue

673-3 Exhaustion of administrative remedies

673-4 Scope of relief

673-5 Attorney's fees and costs

673-6 Award or judgment as bar

673-7 Limited remedy

673-8 Proof of liability

673-9 Inapplicability to share of office of Hawaiian

affairs

673-10 Limitation on actions; native Hawaiians

 

Note

 

Hawaiian home lands trust claims. L 1992, c 316; L 1993, c 352.

 

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 (1992).

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).

 

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