§10-2 Definitions. In this chapter, if
not inconsistent with the context:
"Administrator" means the
administrator of the office of Hawaiian affairs.
"Beneficiary of the public trust entrusted
upon the office" means native Hawaiians and Hawaiians.
"Board" means the board of trustees.
"Grant" means an award of funds by
the office to a specified recipient to support the activities of the recipient
for activities that are consistent with the purposes of this chapter.
"Hawaiian" means any descendant of
the aboriginal peoples inhabiting the Hawaiian Islands which exercised
sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples
thereafter have continued to reside in Hawaii.
"Native Hawaiian" means any
descendant of not less than one-half part of the races inhabiting the Hawaiian
Islands previous to 1778, as defined by the Hawaiian Homes Commission Act,
1920, as amended; provided that the term identically refers to the descendants
of such blood quantum of such aboriginal peoples which exercised sovereignty
and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter
continued to reside in Hawaii.
"Office" means the office of Hawaiian
affairs.
"Recipient" means any organization or
person receiving a grant. [L 1979, c 196, pt of §2; am L 1990, c 304, §§3, 16;
am L 1992, c 318, §2; am L 1997, c 350, §§14, 15; am L 2002, c 182, §2]
Law Journals and Reviews
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).
Case Notes
Definition of "Hawaiian" does not violate equal
protection. 631 F. Supp. 1153.
Act 304, L 1990, was invalidated by its own severability
clause when amendment to this section by Act 304 was found to conflict with the
federal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leaving
court with no judicially manageable standards to determine whether office of
Hawaiian affairs was entitled to the specific revenues sought in the suit. 96
H. 388, 31 P.3d 901.
Notes of Decisions
Off. of Hawaiian Affairs v. State, 31 P.3d 901 (Haw. 2001).
· cites it 33× “5 and the definition of “revenue” under HRS § 10-2, both as amended by Act 304. See 1990 Haw.”
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
· cites it 15× “In violation of clearly established law, Defendants have expended trust funds without regard to the blood quantum contained in the definition of native Hawaiians in the [HHCA] and HRS § 10-2, in particular as follows: [The complaint then discussed expenditures for the Akaka…”
Rice v. Cayetano, 528 U.S. 495 (2000).
· cites it 10× “Haw. Rev. Stat. § 10-2 (1993). The second, larger class of persons benefited by OHA programs is "Hawaiians," defined to be, with refinements contained in the statute we later quote, those persons who are descendants of people inhabiting the Hawaiian Islands in 1778.”
Nelson v. Hawaiian Homes Comm'n, 277 P.3d 279 (Haw. 2012).
· cites it 4× “State, the OHA Trustees again brought suit seeking 20% of the revenues generated by the airport, which sits partially on ceded lands (and partially on federal lands), pursuant to HRS §§ 10-2 and 10-13.5, as amended by Act 304 of the 1990 legislative session.”
Trs. of the Off. of Hawaiian Affairs v. Yamasaki, 737 P.2d 446 (Haw. 1987).
· cites it 3× “] HRS § 10-2. And “Hawaiian” means any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii[.”
KG Urban Enter., LLC v. Patrick, 693 F.3d 1 (1st Cir. 2012).
“1044 (quoting Haw.Rev.Stat. § 10-2). The Court held this special favorable treatment of Hawaiians was an impermissible racial classification.”
Rice v. Cayetano, 941 F. Supp. 1529 (D. Haw. 1996).
· cites it 6× “at § 2-5; see also Haw.Rev.Stat. § 10-2. 5 The Native Hawaiian Vote ballots ask: “Shall the Hawaiian people elect delegates to propose a Native Hawaiian government?” State Defendants Opp.”
Carroll v. Nakatani, 188 F. Supp. 2d 1219 (D. Haw. 2001).
· cites it 4× “See Haw. Rev.Stat. § 10-2. 2 . "Hawaiians” are those who are descendants of the races inhabiting the Hawaiian Islands previous to 1778 without reference to blood quantum.”
Off. of Hawaiian Affairs v. Hous. & Cmty. Dev. Corp. of Hawai'i, 219 P.3d 1111 (Haw. 2009).
· cites it 2× “The State asserts that the first amended complaint in this case alleges that Osorio is a “Hawaiian,” as defined in HRS § 10-2 (Supp. 2008), i.e., a “descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian…”
Akina v. Hawaii, 141 F. Supp. 3d 1106 (D. Haw. 2015).
· cites it 2× “Specifically, for purposes of OHA, HRS § 10-2 defines "Hawaiian” as: 'any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples ■thereafter have continued to reside in…”
Arakaki v. Cayetano, 198 F. Supp. 2d 1165 (D. Haw. 2002).
· cites it 2× “"Native Hawaiian,” on the other hand, means "any descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778, as defined by the Hawaiian Homes Commission Act, 1920, as amended; provided that the term identically refers to the…”
— Haw. Rev. Stat. § 10-2(4) — 1 case
— Haw. Rev. Stat. § 10-2(5) — 1 case
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