§171-4 Board of land and natural resources;
terms and qualifications of members of the board; organization; expenses.
(a) The board of land and natural resources shall be composed of seven
members, one from each land district and three at large, to be nominated and,
by and with the advice and consent of the senate, appointed by the governor as
provided in section 26-34. The term and removal of a member of the board and
the filling of a vacancy on the board shall also be as provided in section
26-34. There shall be not more than three members on the board from the same
political party.
(b) At least one member of the board shall
have a background in conservation and natural resources, as evidenced by:
(1) A college degree in a relevant field, including
forestry, wildlife conservation, geology, environmental science, or marine
biology; or
(2) Work history sufficient to demonstrate an
appropriate level of knowledge in the subject of land and natural resources,
including parks and recreation, public lands management, natural area reserves,
aquatic resources, boating and recreation, forestry and wildlife, water
resources management, or conservation and resources.
(c) At least one member of the board, other
than the member appointed pursuant to subsection (b), shall have demonstrated
expertise in native Hawaiian traditional and customary practices, as evidenced
by:
(1) A college degree in a relevant field, such as
Hawaiian studies, native Hawaiian law, native Hawaiian traditional and
customary practices, or related subject area;
(2) Work history that demonstrates an appropriate
level of knowledge in native Hawaiian traditional and customary practices; or
(3) Substantial experience as a native Hawaiian
traditional and customary practitioner.
(d) Each member shall disclose and file with
the board a list of all transactions with the department of land and natural
resources in which the member has a direct interest. The member shall also
disclose all transactions with the department involving any corporation,
association, partnership, or joint venture in which the member is an officer,
partner, or employee. Any member having any interest, direct or indirect, in
any matter before the board shall disqualify oneself from voting on or
participating in the discussion of the matter.
(e) The governor shall select a chairperson of
the board from among its members. The chairperson shall call and preside at
meetings and may appoint a member of the board as secretary. The members of
the board shall choose one of their number to act as chairperson during the
absence or disability of the chairperson.
(f) The members of the board shall serve
without pay but shall be entitled to reimbursement for necessary expenses while
attending meetings and while in the discharge of their duties. [L 1962, c 32,
pt of §2; am L 1963, c 10, §1; Supp, §103A-4; HRS §171-4; gen ch 1985, 1993; am
L 2001, c 215, §2; am L 2005, c 9, §2; am L 2014, c 104, §2]
Notes of Decisions
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
· cites it 22× “Turning first to KNSC’s statutory argument, the statutory scheme of HRS chapter 195D and HRS § 171-4 indicates that a Board member may participate in both the Committee and Board proceedings without violating a statute.”
In re Contested Case Hearing re Conservation Dist. Use Application, 431 P.3d 752 (Haw. 2018).
· cites it 4× “" HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
Sierra Club v. Bd. of Land & Nat. Resources. Dissenting Opinion by Nakasone, 550 P.3d 230 (Haw. App. 2024).
· cites it 2× “) 31 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER officials who are to make the final decision haven't heard and examined all the evidence (which commonly occurs when the officials are volunteers, as are BLNR members, see HRS § 171-4(f) (Supp. 2014)), no final…”
Coray v. Koga, 542 P.2d 1272 (Haw. 1975).
· cites it 2× “HRS § 171-4 (Board of land and natural resources).”
Haw. Rev. Stat. § 171-4(a): 3 cases
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
“Turning first to KNSC’s statutory argument, the statutory scheme of HRS chapter 195D and HRS § 171-4 indicates that a Board member may participate in both the Committee and Board proceedings without violating a statute.”
Haw. Rev. Stat. § 171-4(b): 4 cases
In re Contested Case Hearing re Conservation Dist. Use Application, 431 P.3d 752 (Haw. 2018).
“" HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
“Turning first to KNSC’s statutory argument, the statutory scheme of HRS chapter 195D and HRS § 171-4 indicates that a Board member may participate in both the Committee and Board proceedings without violating a statute.”
Haw. Rev. Stat. § 171-4(c): 3 cases
In re Contested Case Hearing re Conservation Dist. Use Application, 431 P.3d 752 (Haw. 2018).
“" HRS § 84-14 (1993 & Supp. 2012) then provides: A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and…”
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
“Turning first to KNSC’s statutory argument, the statutory scheme of HRS chapter 195D and HRS § 171-4 indicates that a Board member may participate in both the Committee and Board proceedings without violating a statute.”
Haw. Rev. Stat. § 171-4(e): 1 case
Keep the North Shore Country v. Bd. of Land & Nat. Resources., 506 P.3d 150 (Haw. 2022).
“Turning first to KNSC’s statutory argument, the statutory scheme of HRS chapter 195D and HRS § 171-4 indicates that a Board member may participate in both the Committee and Board proceedings without violating a statute.”
Haw. Rev. Stat. § 171-4(f): 1 case
Sierra Club v. Bd. of Land & Nat. Resources. Dissenting Opinion by Nakasone, 550 P.3d 230 (Haw. App. 2024).
“) 31 FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER officials who are to make the final decision haven't heard and examined all the evidence (which commonly occurs when the officials are volunteers, as are BLNR members, see HRS § 171-4(f) (Supp. 2014)), no final…”
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