§326-34 County of Kalawao; governance.
(a) The county of Kalawao shall consist of that portion of the island of
Molokai known as Kalaupapa, Kalawao, and Waikolu, and commonly known or
designated as the Kalaupapa Settlement, and shall not be or form a portion of
the county of Maui, but is constituted a county by itself. As a county it
shall have only the powers especially conferred and given by sections 326-34 to
326-38 and, except as provided in those sections, none of the provisions of the
Hawaii Revised Statutes regarding counties shall be deemed to refer to or shall
be applicable to the county of Kalawao.
(b) The county of Kalawao shall be under the
jurisdiction and control of the department of health and be governed by the
laws, and rules relating to the department and the care and treatment of
persons affected with Hansen's disease, except as otherwise provided by law. [L
1905, c 39, §2; RL 1925, §1577; am L 1931, c 138, §1; am imp L 1933, c 118,
§§1, 2; RL 1935, §2928; RL 1945, §2438; am L 1949, c 53, §26; am L 1951, c 157,
§15; RL 1955, §50-35; am L Sp 1959 2d, c 1, §19; HRS §326-34; am L 1969, c 152,
§8; am L 1981, c 185, §16; am L 1988, c 263, §10]
Cross References
District of Kalawao, see §4-1.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2013–2026 · leading case:
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
· cites it 4× “Kalawao County is "commonly known or designated as the Kalaupapa Settlement,” HRS § 326-34(a), and is "under the jurisdiction and control of the [state] department of health and [is] governed by the laws, and rules relating to the department and the care and treatment of persons…”
Flores v. Ballard., 482 P.3d 544 (Haw. App. 2021).
“Hawaii Revised Statutes § 326-34. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER another county to enforce the law in the chief's county.”
Pub. Interest Legal Found., Inc. v. Nago (9th Cir. 2026).
“See Haw. Rev. Stat. § 326-34 . But for purposes of election administration, “the county of Kalawao shall be deemed to be included in the county of Maui.”
— Haw. Rev. Stat. § 326-34(a) — 1 case
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
“Kalawao County is "commonly known or designated as the Kalaupapa Settlement,” HRS § 326-34(a), and is "under the jurisdiction and control of the [state] department of health and [is] governed by the laws, and rules relating to the department and the care and treatment of persons…”
— Haw. Rev. Stat. § 326-34(b) — 1 case
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
“Kalawao County is "commonly known or designated as the Kalaupapa Settlement,” HRS § 326-34(a), and is "under the jurisdiction and control of the [state] department of health and [is] governed by the laws, and rules relating to the department and the care and treatment of persons…”
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