Hawaii Revised Statutes

Haw. Rev. Stat. § 603-23 (2026)

Injunction of violation of laws and ordinances

✓ current as of July 2026

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§603-23 Injunction of violation of laws and ordinances. The circuit courts shall have power to enjoin or prohibit any violation of the laws of the State, or of the ordinances of the various counties, upon application of the attorney general, the director of commerce and consumer affairs, or the various county attorneys, corporation counsels, or prosecuting attorneys, even if a criminal penalty is provided for violation of the laws or ordinances. Nothing herein limits the powers elsewhere conferred on circuit courts. [L 1892, c 57, pt of §37; am L 1903, c 32, pt of §11; am L 1915, c 99, pt of §1; RL 1925, pt of §2248; am L 1929, c 18, pt of §1; RL 1935, pt of §3644; RL 1945, pt of §9648; RL 1955, pt of §215-18; am L 1957, c 287, §1; HRS §603-23; am L 1972, c 88, §3(n); am L 1975, c 134, §1; am L 1996, c 30, §1]

Case Notes

City may bring action for mandatory injunction to remove structure that is a nuisance. 45 H. 232, 364 P.2d 646 (1961).

Continuing operation of a private school without license required by law is per se an irreparable injury to public policy. 65 H. 289, 651 P.2d 473 (1982).

This section is not a jurisdiction-conferring statute, but merely authorizes the circuit courts to afford injunctive relief, provided "there is a jurisdictional basis for equity to act"; therefore, this section did not provide the trial court with subject matter jurisdiction. 106 H. 198, 103 P.3d 358 (2004).

Circuit court had subject matter jurisdiction over the case where county's first amended complaint asserted jurisdiction pursuant to §603-21.5, which provided the independent jurisdictional basis for the action brought pursuant to this section. 115 H. 15, 165 P.3d 916 (2007).

Allows courts to enjoin public nuisance; does not extend equity jurisdiction to enforcement of criminal laws. 5 H. App. 463, 701 P.2d 175 (1985).

Mentioned: 52 H. 427, 478 P.2d 320 (1970).

Notes of Decisions

Cited in 8 cases, 1970–2009 · leading case: Cnty. of Kaua'i Ex Rel. Nakazawa v. Baptiste, 165 P.3d 916 (Haw. 2007).

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Cnty. of Kaua'i Ex Rel. Nakazawa v. Baptiste, 165 P.3d 916 (Haw. 2007). · cites it 42× “Nakazawa is the duly appointed County Attorney and has the authority, pursuant to HRS § 603-23 to bring this action. . . . .”

Marsland v. Pang, 701 P.2d 175 (Haw. App. 1985). · cites it 17× “ABATEMENT OF GAMBLING UNDER HRS § 603-23 (1976) 23 At the outset it should be noted that § 603-23 is a specific grant of power to the circuit courts.”

State Ex Rel. Bronster v. Yoshina, 932 P.2d 316 (Haw. 1997). · cites it 6× “The trial court additionally ruled that, because the certification of election results is a ministerial act and not a "violation" of any law, it had no jurisdiction to enjoin the certification by either the lieutenant governor or the legislative clerks because HRS § 603-23…”

State v. Kaluna, 103 P.3d 358 (Haw. 2004). · cites it 16× “On appeal, Defendant argued, inter alia, that the court lacked jurisdiction to direct the DPS and the HPA to recalculate Defendant’s pre-sentence detention credits.”

State v. West, 18 P.3d 884 (Haw. 2001). · cites it 2× “HRS §§ 603-23, 604-11 (1993 & Supp.1996).”

Kleinjans v. Lombardi, 478 P.2d 320 (Haw. 1970). · cites it 2× “The second was filed in the name of the Attorney General for the State of Hawaii, to enjoin the defendants, pursuant to HRS § 603-23, from violating the Hawaii criminal trespass statuté.”

State by Minami v. Andrews, 651 P.2d 473 (Haw. 1982). “At least, insofar as licensing requirements are concerned, it is clear that § 603-23, HRS, gives the circuit courts power to issue an injunction where there is a continuing violation of the laws of the State.”

Dist. Council 50, of the Int'l Union of Painters & Allied Trades v. Saito, 216 P.3d 108 (Haw. App. 2009). · cites it 2× “HRS § 603-23 (Supp.2008), Injunction in violation of laws and ordinances, provides, as it did at the time this action was initiated, The circuit courts shall have power to enjoin or prohibit any violation of the laws of the State, or of the ordinances of the various counties,…”

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