Hawaii Revised Statutes

Haw. Rev. Stat. § 673-4 (2026)

] Scope of relief

✓ current as of July 2026

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[§673-4] Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not charged by law with the administration of the trust property; provided that actual damages may be awarded to a successful plaintiff.

(b) "Actual damages", as used in this section, means direct, monetary, out of pocket loss, excluding noneconomic damages as defined in section 663-8.5 and any consequential damages, sustained by a native Hawaiian or Hawaiian individually rather than the class generally. [L 1988, c 395, pt of §2]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2006–2024 · leading case: Kanahele v. State., 549 P.3d 275 (Haw. 2024).

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Kanahele v. State., 549 P.3d 275 (Haw. 2024). · cites it 5× “HRS § 673-4 provides relief for Plaintiffs In their complaint, Plaintiffs request the circuit court, inter alia, “[a]ward land and/or money damages to restore the Hawaiian home lands trust[.”

Off. of Hawaiian Affairs v. State, 133 P.3d 767 (Haw. 2006). · cites it 2× “]” A plain reading of HRS § 673-1 indicates that it unequivocally waives the State’s sovereign immunity, and, inasmuch as HRS § 673-4(a) (1993) provides for relief only in the form of “land or monetary damages to restore the trust which has been depleted as a result of any…”

Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013). · cites it 2× “See HRS § 673-4(a) (1993) (“In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty[,]” as well as some actual damages).”

Nelson v. Hawaiian Homes Comm'n (Haw. 2013). · cites it 2× “See HRS § 673-4(a) (1993) (“In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty[,]” as well as some actual damages).”

— Haw. Rev. Stat. § 673-4(a) — 3 cases

Off. of Hawaiian Affairs v. State, 133 P.3d 767 (Haw. 2006). “]” A plain reading of HRS § 673-1 indicates that it unequivocally waives the State’s sovereign immunity, and, inasmuch as HRS § 673-4(a) (1993) provides for relief only in the form of “land or monetary damages to restore the trust which has been depleted as a result of any…”

Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013). “See HRS § 673-4(a) (1993) (“In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty[,]” as well as some actual damages).”

Nelson v. Hawaiian Homes Comm'n (Haw. 2013). “See HRS § 673-4(a) (1993) (“In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty[,]” as well as some actual damages).”

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