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Hawaii Revised Statutes

Haw. Rev. Stat. § 674-2 (2026)

  Definitions

✓ current as of July 2026
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     §674-2  Definitions.  As used in this chapter, unless the context otherwise requires:

     "Act" means the Hawaiian Homes Commission Act of 1920, as amended.

     "Actual damages" means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.5 and consequential damages, sustained by the claimant individually rather than the beneficiary class generally, arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State with respect to an individual beneficiary in the management and disposition of trust resources.

     "Beneficiary" means any person eligible to receive benefits of homesteading and related programs from the Hawaiian home lands trust.

     "Claimant" means a beneficiary who applies to the panel for a review of a claim for actual damages relating to the trust.

     "Commission" means the Hawaiian homes commission.

     "Compensation" means an award of actual damages to a claimant.

     "Corrective action" means action to be taken by the department to correct a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State in the management and disposition of trust resources.

     "Department" means the department of Hawaiian home lands.

     "Employee of the State" means the officers and employees of any state agency and any persons acting in behalf of a state agency in an official capacity.

     "Native Hawaiian" means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian islands previous to 1778.

     "Panel" means the Hawaiian home lands trust individual claims review panel.

     "Trust" means the Hawaiian home lands trust. [L 1991, c 323, pt of §1; am L Sp 1995, c 14, §14]

 

 

Notes of Decisions
Cited in 2 cases, 2006–2020 · leading case: Kalima v. State., 468 P.3d 143 (Haw. 2020).
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Kalima v. State., 468 P.3d 143 (Haw. 2020). · cites it 12× “HRS § 674-2 (1993). Meanwhile, the State was taking steps to better perform its duties as trustee by recovering alienated land and compensating the Trust for non-beneficiary use of that land.”
Kalima v. State, 137 P.3d 990 (Haw. 2006). · cites it 4× “The legislature, thus, amended HRS § 674-2’s 26 definition of “actual damages” to clarify that the damages were allowed for acts or omissions by an employee of the State “with respect to an individual beneficiary” in the management and disposition of trust resources.”
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