[§673-3] Exhaustion of administrative
remedies. Before an action may be filed in circuit court under this
chapter, the party filing suit shall have exhausted all administrative remedies
available, and shall have given not less than sixty days written notice prior
to filing of the suit that unless appropriate remedial action is taken suit
shall be filed. All executive branch departments shall adopt in accordance
with chapter 91, such rules as may be necessary to specify the procedures for
exhausting any remedies available. [L 1988, c 395, pt of §2]
Law Journals and Reviews
The Native Hawaiian Trusts Judicial Relief Act: The First
Step in an Attempt to Provide Relief. 14 UH L. Rev. 889 (1992).
Case Notes
Where plaintiffs failed to comply with the sixty-day notice
requirement for filing suit under this section, this failure precluded the
supreme court from reviewing any claims brought under this chapter. 110 H.
338, 133 P.3d 767 (2006).
Notes of Decisions
Off. of Hawaiian Affairs v. State, 133 P.3d 767 (Haw. 2006).
· cites it 8× “We now examine whether the plaintiffs have complied with chapter 673’s statutory requirements with respect to notice under HRS § 673-3 (1993) and statute of limitations under HRS § 673-10 (Supp.”
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
· cites it 10× “HRS § 673-3 provides: Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted all administrative remedies available, and shall have given not less than sixty days written notice prior to filing of the suit that unless…”
Kealoha v. Machado., 315 P.3d 213 (Haw. 2013).
· cites it 5× “Additionally even if applicable, HRS 673-3 requires that plaintiffs first exhaust their administrative remedies before bringing suit in Circuit Court, a step that undisput-edly has not been shown in the complaint thus the court would lack subject matter jurisdiction.”
Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013).
· cites it 6× “8 Second, there is no evidence in the record that Plaintiffs complied with HRS § 673-3 (1993)’s notice and exhaustion of administrative remedies requirements, which are: Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted…”
Waimana Enter. Inc. v. Dep't of Hawaiian Home Lands (Haw. App. 2025).
· cites it 12× “Appellants argue the Circuit Court erred in determining they were not "native Hawaiian organizations" with standing to sue under HRS § 673-2(c); and although they failed to exhaust their administrative remedies prior to filing suit as required by HRS § 673-3, 12 they should be…”
Nelson v. Hawaiian Homes Comm'n (Haw. 2013).
· cites it 6× “8 Second, there is no evidence in the record that Plaintiffs complied with HRS § 673-3 (1993)’s notice and exhaustion of administrative remedies requirements, which are: Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted…”
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