§632-6 Provisions, remedial. This
chapter is declared to be remedial. Its purpose is to afford relief from the
uncertainty and insecurity attendant upon controversies over legal rights,
without requiring one of the parties interested so to invade the rights
asserted by the other as to entitle the party to maintain an ordinary action
therefor. It is to be liberally interpreted and administered, with a view to
making the courts more serviceable to the people. [L 1921, c 162, §6; RL 1925,
§2923; RL 1935, §4225; RL 1945, §9976; RL 1955, §228-6; HRS §632-6; gen ch
1985]
Case Notes
Cited: 27 H. 420, 424 (1923); 31 H. 720, 721 (1930).
Notes of Decisions
Tax Found. of Hawaiʻi v. State., 439 P.3d 127 (Haw. 2019).
· cites it 27× “" The Chapter has four sections, HRS § 632-1 relating to "[j]urisdiction; controversies subject to," HRS § 632-2 (2016) relating to "[a]ppeals," HRS § 632-3 (2016) relating to "[f]urther relief upon judgment," and HRS § 632-6 (2016) relating to "[p]rovisions, remedial.”
Cnty. of Hawai'i v. Ala Loop Homeowners, 235 P.3d 1103 (Haw. 2010).
· cites it 12× “[11] The original purpose of HRS § 632-1 was to "allow parties in dispute and in controversy over any issue to obtain judicial determination of their respective rights and obligations before a cause of action accrue[d] by breach of such right of either party[,]" S.”
Mottl v. Miyahira, 23 P.3d 716 (Haw. 2001).
· cites it 4× “12 (1996), [a]lthough HRS § 632-1 provides for standing to sue "[i]n cases of actual controversy," HRS § 632-6 [ (1993) ] clarifies that [the] purpose [of HRS chapter 632] is to afford relief .”
Bremner v. City & Cnty. of Honolulu, 28 P.3d 350 (Haw. App. 2001).
· cites it 4× “Chapter 632's overarching purpose is thus “to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle the party to maintain an…”
Cnty. of Kaua'i Ex Rel. Nakazawa v. Baptiste, 165 P.3d 916 (Haw. 2007).
· cites it 4× “This court explained in Richard that: Although HRS § 632-1 provides for standing to sue "[i]n cases of actual controversy," HRS § 632-6 clarifies that [the] purpose [of HRS chapter 632] is to afford relief .”
Richard v. Metcalf, 921 P.2d 169 (Haw. 1996).
· cites it 2× “Although HRS § 632-1 provides for standing to sue "[i]n cases of actual controversy,” HRS § 632-6 clarifies that [the] purpose [of HRS chapter 632] is to afford relief .”
Travelers Ins. v. Hawaii Roofing, Inc., 641 P.2d 1333 (Haw. 1982).
· cites it 2× “Travelers also reminds us HRS § 632-6 proclaims the Declaratory Judgment Act as “remedial” legislation “to be liberally interpreted and administered, with a view to making the courts more serviceable to the people” and HRS § 632-1 expressly sanctions a declaratory judgment even…”
Asato v. Procurement Policy Bd., State of Hawaii., 322 P.3d 228 (Haw. 2014).
· cites it 2× “2001), although HRS chapter 632 is to be “liberally interpreted and administered, with a view to making the courts more serviceable to the people,” HRS § 632-6, “nowhere does the law suggest that this admonition trumps the standing requirement of a ‘personal stake’ or an ‘injury…”
The Off. of Hawaiian Affairs v. Kondo., 528 P.3d 243 (Haw. 2023).
· cites it 2× “HRS Chapter 632’s purpose is to “afford relief from the uncertainty and insecurity attendant upon controversies over legal rights .”
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