[§673-2] Right to sue. (a) Native
Hawaiians as defined in section [201(a)] of the Hawaiian Homes Commission Act,
native Hawaiian organizations, the office of Hawaiian affairs, and Hawaiians
defined as any person who is qualified to succeed to a homestead lease under
section 209 of the Hawaiian Homes Commission Act 1920, as amended, shall have
the right to bring an action in the circuit courts of the State to resolve
controversies relating to the Hawaiian home lands trust described in section
673-1(a)(1).
(b) The office of Hawaiian affairs, native
Hawaiians as defined in section 10-2, and native Hawaiian organizations shall
have the right to bring an action in the circuit courts of the State to resolve
controversies relating to the native Hawaiian public trust described in section
673-1(a)(2).
(c) "Native Hawaiian organizations"
as used in this chapter means a native Hawaiian homestead organization, or an
unincorporated association, or corporation which is duly organized and thereby
able to sue and be sued under the laws of this State and whose purpose is to
protect and uphold the Hawaiian Homes Commission Act and the Admission Act
section 5(f) relating to a public trust for the betterment of the conditions of
native Hawaiians, or the social and economic self-sufficiency of native Hawaiians,
and which organized body is controlled by native Hawaiians and a majority of
its members receives or can receive benefits from the trust. [L 1988, c 395, pt
of §2]
Notes of Decisions
Cited in
2
cases (
2 in the last 5 years), 2024–2025 · leading case:
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
· cites it 4× “Standing HRS § 673-2 is titled “Right to sue,” and it provides: (a) Native Hawaiians as defined in section [201(a)] of the Hawaiian Homes Commission Act, native Hawaiian organizations, the office of Hawaiian affairs, Hawaiians defined as any person who is qualified to succeed to…”
Waimana Enter. Inc. v. Dep't of Hawaiian Home Lands (Haw. App. 2025).
· cites it 20× “(3) Appellants contend that in Count 3, they sufficiently alleged that they were native Hawaiian organizations under HRS § 673-2, 11 and dismissal with prejudice, rather than without prejudice, on that count was erroneous.”
— Haw. Rev. Stat. § 673-2(a) — 1 case
Waimana Enter. Inc. v. Dep't of Hawaiian Home Lands (Haw. App. 2025).
“(3) Appellants contend that in Count 3, they sufficiently alleged that they were native Hawaiian organizations under HRS § 673-2, 11 and dismissal with prejudice, rather than without prejudice, on that count was erroneous.”
— Haw. Rev. Stat. § 673-2(c) — 1 case
Waimana Enter. Inc. v. Dep't of Hawaiian Home Lands (Haw. App. 2025).
“(3) Appellants contend that in Count 3, they sufficiently alleged that they were native Hawaiian organizations under HRS § 673-2, 11 and dismissal with prejudice, rather than without prejudice, on that count was erroneous.”
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