[§10-16] Suits. (a) The office may
sue and be sued in its corporate name. The State shall not be liable for any
acts or omissions of the office, its officers, employees, and the members of
the board of trustees, except as provided under subsection (b).
(b) In matters of tort, the office, its
officers and employees, and the members of the board shall be subject to suit
only in the manner provided for suits against the State under chapter 662.
(c) In matters of misapplication of funds and
resources in breach of fiduciary duty, board members shall be subject to suit
brought by any beneficiary of the public trust entrusted upon the office,
either through the office of the attorney general or through private counsel.
(d) In matters involving other forms of
remedies, the office, its officers and employees, and the members of the board
shall be subject to suit as provided by any other provision of law and by the
common law. [L 1979, c 196, pt of §2]
Case Notes
Where plaintiff office of Hawaiian affairs brought suit in
its own corporate name under this section, rather than as an agency of the
State on behalf of the people of the State, §657-1.5 did not exempt plaintiff
from the statute of limitations for bringing a suit under §673-10. 110 H. 338,
133 P.3d 767.
Plaintiffs' complaint failed to state a breach of fiduciary
duty claim under subsection (c), where the complaint: (1) did not allege that
the office of Hawaiian affairs trustees' spending decisions were made for any
purpose other than benefiting native Hawaiians; (2) did not allege that the
expenditures were in conflict with or adverse to the interests of native
Hawaiians; and (3) lacked factual allegations that the expenditures were in
furtherance of programs that do not benefit native Hawaiians. The conclusory
allegations in the amended complaint, without more, were insufficient to state
a claim. 131 H. 62, 315 P.3d 213 (2013).
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1963–2025 · leading case:
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
· cites it 21× “ed by beneficiaries, and the collateral benefits do not detract from nor reduce the benefits enjoyed by the beneficiaries; (2) Any claim for which a remedy is provided elsewhere in the laws of the State; and (3) Any claim arising out of the acts or omissions of the members of…”
Off. of Hawaiian Affairs v. State, 133 P.3d 767 (Haw. 2006).
· cites it 5× “Under HRS § 10-16, OHA “may sue ... in its corporate name,” and, pursuant to HRS § 10-4, the corporation is a “separate entity independent of the executive branch.”
Kelly v. 1250 Oceanside Partners, 140 P.3d 985 (Haw. 2006).
“HCC § 10-16 provides that “[n]o construction of any structure upon the premises involved shall be permitted until the director of public %vorks has received the notice of completion that the grading, grub *228 bing, or stockpile work has been completed in accordance with the…”
N Grp. LLC v. Hawai'i Cnty. Liquor Comm'n, 681 F. Supp. 2d 1209 (D. Haw. 2009).
· cites it 2× “, HRS §§ 10-16(a) (Office of Hawaiian Affairs), 54-31 (Board of Water Supply), 206E-4 (Hawaii Community Development Authority).”
Day v. Apoliona (9th Cir. 2007).
“§ 1983 ; (2) the Equal Protection Clause of the Fourteenth Amendment; and (3) a state common law statutory duty of fidelity, see Haw. Rev. Stat. § 10-16 (c)). Day seeks an accounting; monetary, injunc- tive, and declaratory relief; and attorneys’ fees.”
In re Kahului R.R., 214 F. Supp. 789 (D. Haw. 1963).
“The Law of Admiralty, Section 10-16. . Id., Section 10-18.”
— Haw. Rev. Stat. § 10-16(a) — 2 cases
N Grp. LLC v. Hawai'i Cnty. Liquor Comm'n, 681 F. Supp. 2d 1209 (D. Haw. 2009).
“, HRS §§ 10-16(a) (Office of Hawaiian Affairs), 54-31 (Board of Water Supply), 206E-4 (Hawaii Community Development Authority).”
— Haw. Rev. Stat. § 10-16(c) — 2 cases
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
“ed by beneficiaries, and the collateral benefits do not detract from nor reduce the benefits enjoyed by the beneficiaries; (2) Any claim for which a remedy is provided elsewhere in the laws of the State; and (3) Any claim arising out of the acts or omissions of the members of…”
— Haw. Rev. Stat. § 10-16(e) — 1 case
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
“ed by beneficiaries, and the collateral benefits do not detract from nor reduce the benefits enjoyed by the beneficiaries; (2) Any claim for which a remedy is provided elsewhere in the laws of the State; and (3) Any claim arising out of the acts or omissions of the members of…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.