[§673-1] Waiver of immunity. (a) The
State waives its immunity for any breach of trust or fiduciary duty resulting
from the acts or omissions of its agents, officers and employees in the
management and disposition of trust funds and resources of:
(1) The Hawaiian home lands trust under article XII,
sections 1, 2, and 3 of the Constitution of the State of Hawaii, implementing
sections 4 and 5(f) of the Admission Act (Act of March 18, 1959, Public Law
86-3, 73 Stat. 4); and
(2) The native Hawaiian public trust under article
XII, sections 4, 5, and 6 of the Constitution of the State of Hawaii
implementing section 5(f) of the Admission Act;
and shall be liable in the same manner and to the
same extent as a private individual under like circumstances, but shall not be
liable for punitive damages.
(b) This waiver shall not apply to the
following:
(1) The acts or omissions of the State's officers and
employees, even though such acts or omissions may not realize maximum revenues
to the Hawaiian home lands trust and native Hawaiian public trust, so long as
each trust is administered in the sole interest of the beneficiaries; provided
that nothing herein shall prevent the State from taking action which would
provide a collateral benefit to nonbeneficiaries, but only so long as the
primary benefits are enjoyed by beneficiaries, and the collateral benefits do
not detract from nor reduce the benefits enjoyed by the beneficiaries;
(2) Any claim for which a remedy is provided
elsewhere in the laws of the State; and
(3) Any claim arising out of the acts or omissions of
the members of the board of trustees, officers and employees of the office of
Hawaiian affairs, except as provided in section 10-16. [L 1988, c 395, pt of
§2]
Case Notes
Plaintiffs conceded that this section did not apply to office
of Hawaiian affairs trustees, but suggested that the standard outlined in
subsection (b) should apply; however, the standard articulated in this section
did not apply. 131 H. 62, 315 P.3d 213 (2013).
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 2006–2024 · leading case:
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
· cites it 16× “Third, HRS § 673-1 expressly provides that it is not applicable to OHA trustees.”
Off. of Hawaiian Affairs v. State, 133 P.3d 767 (Haw. 2006).
· cites it 11× “) The plaintiffs counter that (1) HRS § 673-1 does apply to their case because their claims relate to the mismanagement of trust assets or resources and, (2) if this court is to read section 673-9 broadly to exclude all claims “involving” OHA’s proportionate share of ceded land…”
Ching v. Case, 449 P.3d 1146 (Haw. 2019).
· cites it 6× “Here, the State concluded, HRS § 673-1 (1993) provides a cause of action for native Hawaiians’ to bring a claim for breaches of relevant 12 HRS § 632-1 provides the following in relevant part: Relief by declaratory judgment may be granted in civil cases where an actual…”
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
· cites it 5× “Laws Act 395 at 943; HRS § 673-1 (2016) (emphasis added). Section 3 of Act 395 of 1988 specified that Act 395 did not apply to any cause of action which accrued, rights and duties that matured, penalties that were incurred, or proceedings that were begun, prior to July 1, 1988,…”
Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013).
· cites it 2× “3d 767, 787 (2006)(“A plain reading of HRS § 673-1 indicates that it unequivocally waives the State’s sovereign immunity” over breach of trust claims), HRS § 673-l(a) (“The State waives its immunity for any breach of trust or fiduciary duty resulting from the acts or omissions…”
Nelson v. Hawaiian Homes Comm'n (Haw. 2013).
· cites it 4× “3d 767, 787 (2006)(“A plain reading of 16 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** HRS § 673-1 indicates that it unequivocally waives the State’s sovereign immunity” over breach of trust claims), HRS § 673-1(a) (“The State waives its immunity for…”
— Haw. Rev. Stat. § 673-1(a) — 1 case
Nelson v. Hawaiian Homes Comm'n (Haw. 2013).
“3d 767, 787 (2006)(“A plain reading of 16 *** FOR PUBLICATION IN WEST’S HAWAI#I REPORTS AND PACIFIC REPORTER *** HRS § 673-1 indicates that it unequivocally waives the State’s sovereign immunity” over breach of trust claims), HRS § 673-1(a) (“The State waives its immunity for…”
— Haw. Rev. Stat. § 673-1(a)(1) — 1 case
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
“Laws Act 395 at 943; HRS § 673-1 (2016) (emphasis added). Section 3 of Act 395 of 1988 specified that Act 395 did not apply to any cause of action which accrued, rights and duties that matured, penalties that were incurred, or proceedings that were begun, prior to July 1, 1988,…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.