Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 674
Hawaii Revised Statutes

Haw. Rev. Stat. § 674-17 (2026)

  Right to sue, individual claims

✓ current as of July 2026
Find cases: SyfertCases citing this section HI-LEGcapitol.hawaii.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

     §674-17  Right to sue, individual claims.  (a)  An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, 1997.

     (b)  "Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, 1999, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim.  Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §11; am L 1997, c 382, §6]

 

Case Notes

 

  Where plaintiffs, having received no affirmative legislative action by the notice-filing deadline, acted properly to preserve their rights by (1) timely submitting the required written notice rejecting the legislature's action, i.e., deferral that effectively denied all claims, and (2) filing suit before the corresponding deadline, the conditions of panel "review" and legislative "action" as set forth in the definition of "aggrieved individual claimant" under this section were met.  111 H. 84, 137 P.3d 990 (2006).

 

 

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2006–2023 · leading case: Kalima v. State, 137 P.3d 990 (Haw. 2006).
Sort: Relevance Newest Treatment
Kalima v. State, 137 P.3d 990 (Haw. 2006). · cites it 41× “5 and 632-1 (declaratory relief), HRS § 674-17 (breach of trust claims arising between 1959 and 1988) and HRS § 661-1 et seq.”
Rivera v. Cataldo., 537 P.3d 1167 (Haw. 2023). “Hawaiʻi Revised Statutes (HRS) § 674-17 (2016). The law entitled qualified Native Hawaiians to compensation for individual trust breaches that happened between August 21, 1959 and June 30, 1988.”
— Haw. Rev. Stat. § 674-17(a) — 1 case
Kalima v. State, 137 P.3d 990 (Haw. 2006). “5 and 632-1 (declaratory relief), HRS § 674-17 (breach of trust claims arising between 1959 and 1988) and HRS § 661-1 et seq.”
— Haw. Rev. Stat. § 674-17(b) — 1 case
Kalima v. State, 137 P.3d 990 (Haw. 2006). “5 and 632-1 (declaratory relief), HRS § 674-17 (breach of trust claims arising between 1959 and 1988) and HRS § 661-1 et seq.”
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.