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HomeMy WebLinkAbout2nd Addition to 11-10-20 AgendaCOUNTY OF KAUA'I, PLANNING DEPARTMENT 4444 RICE STREET, LIHUE, AA UAL, FIAWAII 96766 MEMORANDUM DATE: November 9, 2020 TO: Planning Commission FROM: Clerk of the Commission SUBJECT. 2nd Addition to the Planning Commission 1111012020 Agenda F. HEARINGS AND PUBLIC COMMENT 2. New Agency Hearing a. Po `ipu Beach Villas, LLC 3. Supplement 2 to Director's Report pertaining to this matter. b. Robert D. Ferris Trust 5. Letter (11/08/20) from Heather Cornell 6. Letter (11/08/20) from Tom Hitch 7. Letter (11/08/20) from Lita Sam -Vargas 8. Letter (11/08/20) from Carmen Jimenez 9. Letter (11/09/20) from Mapuana de Silva 10. Letter (11/09/20) from John P. Cornell 11. Letter (11/09/20) from Dr. Christopher Lyden 12. Letter (12/10/11) from lbbie White Al-Shamma 13. Letter (12/11/11) from Gloria Coppola 14. Letter (O1/06/12) from Camille & Rick Copeland 15. Letter (Undated, Received 11/09/20) from Amelia Ruaboro 16. Letter (Undated, Received 11/09/20) from Pilar Ruaboro 17. Letter (Undated, Received 11/09/20) from Feliciano Ruaboro 18. Letter (Undated, Received 11/09/20) from Teddy Ruaboro 19. Letter (11/09/20) from Christina Prieto 20. Letter (11/09/20) from Bristol Lantagne 21. Letter (11/6/20) from John F. Friedman 22. Letter (Undated, Received 11/09/20) from Kirsten Hermstad 23. Testimony (Undated, Received 11/09/20) from Dr. Judith Shabert 24. Letter (11/09/20) from Marcia King 25. Letter (11/09/20) from Danielle Bartz 26. Letter (11/09/20) from Danie McReynolds 27. Letter (11/09/20) from Mehana Blaich Vaughan 28. Letter (11/09/20) from Lash and Brenda Ashmore F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing (Cont'd) c. Oma'o Ranch Lands, LLC 4. Supplement 3 to Director's Report pertaining to this matter. I. GENERAL BUSINESS MATTERS 1. Waimea United Church of Christ b. Supplement 1 to Director's Report pertaining to this matter. aw1�a «�A 1 V CHANGE S UTPPLEA/lE, NT #2 'TO PLANNING DIRECTOR'S RlORT RE: Special Management Area Use Permit SIv1A.(U)-2004-6 Project Development Use Permit PI:U-2004-30 Class IV Zoning Permit Z-IV-2004-35 APPLICANT: PO'IPU BEACH VILLAS, LLC. APPLICATION I1NFORNIATION Attached for the Planning Commission's reference are testimony received from community members regarding the proposal through the permits referenced above (Refer to Exhibit `A'): By /s/ Dale Cua Dale Cua Staff Planner SF[AM)-2004-6, PDU-2004-30, Z-IV-2004-35 Po'ipu Beach Villas. LLC f L9.2020 NOV 1 0 2020 EXHIBIT "A" (Public Correspondences) SMA(U)-2004-6, PDU-2004-30, Z-IV-2004-35 Po'ipu Beach Villas, LLC t 1.9.2020 Po `ipu Beach Villas, LLC Exhibit `A' - Public Correspondence: - Koloa Community Association, Jeri Di Pietro, President - Roslyn Cummings - Elizabeth Okinaka - Thomas & Jami McKnight - Vivian-Malia Fa'agata - Medford Dyer - Karla Saperstein - Shannon Davidson KOLOA COMMUNITY ASSOCIATION PO Box 1313, Koloa, Hawaii 96756 koloacommunityassociation@gmall.com November 5, 2020 Planning Department Kauai Planning Commission Glenda Nogami-Streufert, Chairperson RE: KOLOA LANDING PROJECT AMENDMENTTO SPECIAL MANAGEMENT USE PERMIT SMA(U)-2004-6 Aloha Planning Commissioners, After review of the Koloa Landing Project application, the Koloa Community Association are opposed to any increase of units from the approved 323 to 426. Our South Shore community believe it is important to retain the experience of a world class destination and preserve the experience of south Kauai for everyone's enjoyment. There are too many approved and exiting developments already for our area. Constantly pushing for higher numbers each year is not the model for us. Our community has concerns over wastewater treatment, given our experience under high occupancy. More units have already been approved which will connect to the HOH area private system and that growth should be limited. Those of us that reside in private residences and multi -family properties are on cesspool, septic systems, or antiquated private systems. The community feels this must be addressed with a municipal waste system. The effluent from so many systems commercial and residential eventually makes it into our ocean waters. Our south shore beaches are overtaxed with typical number of visitors, without factoring in future growth. There is very little parking and no shuttle service. What will we do with even more guests? NOV 1 0 2021 6 -2- During these last months of no visitors to our area, we see healthier water. From less sunscreen to less sewage, our local coastal areas are repairing themselves rapidly. We also see better air quality, peaceful environment and more abundant wildlife including rare and endangered species. All reasons to preserve the south shore area for generations to come. Our community asked questions regarding the Koloa Landing project: • Is the project wastewater is sent to HOH Sewage Treatment Plant across Poipu Road? • Are injection wells used now or planned for water disposal • Is there a provision for workforce housing requirements? • Has the County received a development fee per unit built that is sufficient to meet our needs for infrastructure maintenance? • Are there any lock outs allowed in the property's units? KCA has requested a copy of the original conditions of approval from the Planning Department, which likely addresses some of these queries. Thank you for taking the Koloa Community member's concerns to heart. Most Sincerely, Koloa Community Association Jeri Di Pietro, President PO Box 1313 Koloa, HI 96756 (808) 651-1332 Leslie Takasaki From: Sent: To: Cc: Subject: Attachments: Testimony for Koloa Landing Kaaina Hull Monday, November 09, 2020 11:44 AM Leslie Takasaki Dale Cua FW: PDU-2004-30 DEFER Koloa Landing Resort Copy of Memorandum Roslyn Cummings.docx From: Roslyn Cummings <roslyncummings@ymail.com> Sent: Monday, November 09, 2020 10:46 AM To: Planning Department <planningdepartment@kauai.gov>; Kaaina Hull <khull@kauai.gov> Subject: PDU-2004-30 DEFER Koloa Landing Resort CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha Planning Department and the Kauai Planning Commission Members, I want to immediately address the law section 106. Where is the EIS documents that need to be made public? Was SHPD contacted along with a cultural survey done prior to permits. From my understanding there's gonna be 120 units from previous stated 60 units (individual units per building) totaling? That's water usage which concerns me due to the impacts of the already sensitive area. Koloa Landing I'd like to address this on behalf of what I know. There are lava tubes throughout the south side of Kauai. The last EIS? In the last 10-20 years poipu has been a huge part of development on Kauai. To most people it is not important to know history. What's important is to know progress. Even the most highly educated by book person will know with progress comes change. At what cost? West Kauai prime example. Due to large run off of irrigation systems. We no longer have reef life like we did prior to the plantation. You used to be able to see clearly in the water. Honu's are a sure sign of clean waters. Anyone notice a decrease in appearance of the honu on west Kauai? How's about north Kauai? South Kaua'i- we used to see them all throughout now, I see them hurdled up on the shore of "baby beach" we butchered the original place names by the way. Sadly, losing our language was a huge hit for our people. Now, our lands continue to be sold and developed by foreigners. With foreign concepts. Foreign ideas. No prior knowledge except for what they know by second hand or even third hand accounts. I'm sitting here with the smell of sea caves amd dry caves. So, I will speak about the cave systems. From both sides of Haupu. There's a large amount of spring water that feeds down into poipu. Through? When they built the Hyatt ask around the old timers will tell you that went and desecrated a huge cave with iwi kupuna, wa'a double haul canoe a large one, and artifacts. Not to mention the limestone. When you see limestone you know there was a huge fishing village. NOV 1 0 202ti Sheraton Kauai turned spring water into a fountain. Koloa landing, the promise made to Stella Burgess rest her soul to protect and preserve the caves, the heiau, the cultural sites which they went and spoke blatantly as if there wasn't a burial mound and cultural sites throughout this entire development. I've had workers admit when they did the ground work they knew their was bones. That's why they tried to hire outside workers. The local people especially po'e kanaka refused to work on the job site. Sadly, our own willing to do anything for money. At what cost? Death. We know how this goes. Bad luck. Empty homes. People not wanting to stay in particular buildings. Hauntings because the project wasn't down right. You just don't continue to build over mass burials and hide it like it's some kind of poltergeist movie. This is real and it's a reality. That continues even in 2020. 1 firmly believe it happens because we are uninformed, uneducated, and simply don't care. Blind eyed spider are PROTECTED. I see people have sprayed at the entry of these caves. To kill of a protected species! Why? At what cost? You think the billionaire or millionaire who paid these guys to pay these guys are gonna get sick? No it'll be the one doing the deed. The dirty work. Putting toxins in the ground. If that's not enough they even use the systems as their own Waste Management. Look who does the cultural survey?Truth is here and it will remain here. That planning department will approve anything as long as they all getting paid. Ifs part of the job to approve plans. Not without public input. When the structure doesn't work. They don't uphold any laws against these developers. Coco palms as an example. Many buildings out there left empty. Whose to blame? Accountability. There is no trust. How can the general public make decisions on behalf of this 'aina when they do not pili to it in protection and perpetuity. In order for us to be equals we must understand the impacts. Sadly, I'm in my thirties. Imagine what it's like if you take 242 years of change into what people believe to be a better direction cause you can't go wrong with Money. GREED won't buy back our reefs. It won't bring back our caves. Our history. Our artifacts. The bones of our ancestors. Last part of my community input cause- 1380-1400 Kukona There was a great battle here in the entire south region of Kauai. Many of those people are under all this development men, women, and children. The energy surrounds them is based on tourist industry. 1820's-1840's start of the measles pandemic. 1860's till present day the impact of leprosy. 1893 the illegal overthrow of our Hawaiian Kingdom. Our Queen Imprisoned over land. 1900-1920 the sugar plantations lease were up and they decided they would write their own deeds and turn it into a sale. Same people sold these very lands to what we now know as investors! 2020 let history not repeat itself. We are now in the time of 'Jo divine creator. The time of righteousness. To know better is to do better. I am Manawaiakea Darlene Kawaikini Kamakaeha William Nuiaola Waiakaka Kualu Kanaknui Waikaka Kauai Kauhi Kauaiiki Abrehama Kaikioewa (1st governor of Kauai) Huleihulei oldest sibling of Chiefess Kamakahelei *hanai father of Moses Kekuaiwa and Kauikeaoli Manawaiakea I Edmund Jr I Edmund Sr Joseph Ku Keoua Malama Luukia Kaaloa Hana born Koloa I Ku Nahinu Malama Hana Keoua Puahi I Nahinu Malama Kahololio Hololio Kanewahine Hololio Kalauahea Kawahine Luke Naumu George William Kaila Malamanui Makanui Kamualii I William Benjamin Naumu (1) Keawenui (Keawe and Wahineiki) I Kapuaaiki chief of Ko'olau Kupa Kuwa chiefess of Koloa I Kahauulani (K) Kanekapolei Kahiwa Kanekapolei (W) (Kauhilanimaka) I Kauhilanimaka Kanekapolei Kamehameha Kamehameha Kualukiniakua I Kualunuipaukumokumoku I Ola Attached is a memorandum sent to Hal Hammett Mahalo Piha, Manawaiakea 7 P.O. Box 315 Kalaheo, Hi 96741 roslyn ummin7" ;: MEMORANDUM To: Attorney General of Hawaii Clare Elizabeth Connors, Governor of the State DAVID Y. IGE, of Hawaii The Department of Land and Natural Resources SUZANNE D. CASE, Robert Farrell, DOCARE Enforcement Chief, Alan Carpenter, the Assistant Administrator for the DLNR Division of State Parks, MICHAEL E. PANG CHAIR, REAL ESTATE COMMISSION BROKER, RUSSELL S. KYON BROKER, KAUAI, Mike B. Pietsch, president and chief officer of Admiral Philip S. Davidson, Commander oflUgnited StatesTitle Indo-Pacific Command (USINDOPACOM), Kauai County Police Commission Todd Raybuck, Kauai County Mayor Derek Kawakami, Donn Mende Chair of Hawaii hoising finance & development corporation, David BuckleyKauai Lead Archaeologist, Susan Lebo, PhDArchaeology Branch Chief, Ka`ahiki SOlisCultural Historian (Oahu, Kauai, and Niihau), Lesley K. IaukeaBurial Sites Specialist, Kauanoe Hoomanawanui Burial Sites Specialist (Kauai and Niihau) From: Roslyn Nicole Manawaiakea Cummings known by my ancestors as Manawaiakea a Wahine Maoli, Kanaka Oiwi, Po'e Kanaka Date: August 12, 2020 Re: Declaration of Hawaiian National I will State my genealogy so you understand my connection to the `aina, my claim to the monarchical government of the Hawaiian Islands established in 1810 under Kamehameha I the first King of Hawaii; Whereas 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the hawaiian Government, and entered into treaties and conventions with the hawaiian monarchs to govern commercials and navigation and 1826, 1842, 1849, 1875, and 1887; whereas the congressional church now known as the United Church of Christ through its American board of commissioners for foreign missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850; whereas on January 14, 1893 the United States minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non - Hawaiian residents of the Hawaiian Kingdom of Hawaii, Including citizens of the United States, to overthrow the indigenous unlawful Government of Hawaii. Refer to Public Law 103-150 Nov. 23, 1993 Exhbit "Burden of Proof is on the State of Hawaii I am Manawaiakea born and named by my mother Roslyn Nicole Manawaiakea Malama I am now, married to a Cummings. My mother is Darlene Rita My father is Edmund Francis Malama Jr. His mother is Gloria Jane Puanani Albarado (Naki) His father is Edmund Malama Sr Her mother is Aileen Kawaikini Ipac Her father is Stanley Rita Her mother is Helen Lahapa Kamakaeha Kualu Her mother is Helen Lahapa Yadao Her mother is Liawahine Nawahine Haupu Her father is William Nuiaola Waikaka Kualu His father is Waikaka, Abrehama Kauahi, Kauaiki, Kauai His mother is Kikaha His father is Kaikioewa, Hoona Keikioewa His mother is Huleihulei Kaumeheiwa The first governor of Kauai whom names the city currently known as Lihue. He was born in Waimea, Kaua'i in 1765 and is known as the hanai father of King Kamehameha the third also known as Kauikeaouli and is well documented. His residence at Waimea is the stone house that was built in 1826 that presently serves as the parsonage of the pastor of the Waimea United Church of Christ. Reference J �b.dri�lll IJ�'Y^=L,12.Jt�ca=JU�2�1 �I—Gr hftps://en.m.wikipedia.org/wiki/Kaikio%CA%BBewa We come from people who believe in one God, `lo Within the ancient archipelago of Hawaii lay seven islands, each called a mokupuni (island). Each island was divided into large districts called moku and each district was further divided into sections called ahupua'a (lit. stone alter (ahu) upon which was placed the image of the head of a pig ... or pua'a... which formed the district's borders). Each ahupua'a began at the top of the mountain and extended in a wedge -shape into the ocean ending at the far edge of a reef. This division provided each district with fresh water and products grown both upcountry, in the lower elevations, and food from the sea. Daily life began as a prayer — not so much in words as through action — because all was connected to Akua (God). Every task taken during the day was performed in prayerful respect to Akua. Prior to the arrival of the 12th century Samoan Chief, Pa'ao, the Hawaiian people were monotheistic. They worshipped their one true God and creator of life — "I" (pronounced E)! The God "I" was so revered that His name was not uttered aloud. When they combined their respectful thoughts, love, and energy of "I" with their actions, the word became `I'O" and came to represent the daily lifestyle of the ahupua'a. Permission was asked of God to fish, plant, harvest, and even bear children. Everything was shared among the dwellers of the ahupua'a and there was never the concept of "not enough". If someone was in need of fish, you gave your fish; if someone was in need of a cloak, they would give them their cloak knowing that the environment — created by Akua — would provide to each whatever their needs were. This symbiotic relationship proved to be a win -win for the society of old. It was their understanding that God created and supplied ALL and that no one would go without the fundamentals of life. Once the 12th century Samoan Priest, Pa'ao, arrived in the islands, he began fighting with, and taking over, the peaceful Hawaii people inflicting his religious beliefs upon society. He brought to the islands the powerful and warring Tahitian Chief, "Pili", who became the first King of Hawaii. While the ancient temples, known as "heiau", had existed since the arrival of Hawaii Loa (who also perpetuated the concept of one God, 'TO"), Pili and Pa ao created heiau for worship of their four primary Gods: Kane, Ku, Kanaloa, and Lono. The lesser Gods, Goddesses, and Deities numbered in the thousands. Also, known as Kupua ancient ancestors created by 'lo. With these new structures in place, the "religious order" in Hawaii took on new meaning. It was then that the Hawaiians moved from a concept of the "one true God" to that of multiple Gods and restructured how their days were spent, for now they had different Gods and Goddesses to please and new rituals to follow. For a second time in Hawaii's history, the religious beliefs of people were challenged and ultimately changed. It was 1819 when King Kamehameha the Great died. His son, Liholiho, and heir to the throne, was young and inexperienced about the ways of the kingdom. For generations, the women of the society had not been allowed to take meals with the men, nor were they allowed to eat some foods such as bananas, pork, and certain fish. Once King Kamehameha I died, the mother of his heirs, Queen Keopuolani, as well as his favorite consort, Queen Ka ahumanu, convinced the young Kamehameha II to dine with them thus ending the kapu system of rule the society had lived under for hundreds of years. Forever more, the traditions and protocols of the Hawaiian people would be changed! Today, it is being restored I am 'lo taught, 'lo guided, 'lo protected. So, I continue because in 'lo I trust. Here is a list of Moku districts of Kauai Ni'ihau, Kona, Puna, Ko'olau, Halale'a, NVali within these Moku are AHUPUA'A Definition from Pukui/Elbert Hawaiian Dictionary, Copyright 1986. land division, usually extending from the uplands to the sea, so called because the boundary was marked by a heap (ahu) of stones surmounted by an image of a pig (pua'a), or because a pig or other tribute was laid on the alter as tax to the chief. Kona From centuries ago, the west end of Kona from the area where Waimea is located today to Polihale was the site of a coconut grove with waterways meandering between the tree. The grove in the area of Kekaha was known as Kaunalewa and numerous old mele (chants, songs) boasted about the beauty of this place. People across the islands knew of this grove through these mete, even those who had never visited the area. Mana (Milolii, Makaha,Polihale), Waimea, Makaweli, Hanapepe, Wahiawa, Kalaheo, Lawai, Koloa, Weliweli, Paa, Mahaulepu (Moku district of Kona, Ahupua'a) Puna Wailuanuiho'ano (great, sacred spirit) is the full name of Wailua, the seat of government and religious center of the Kaua'i Kingdom for centuries. The heiau, Holoholoku, near the bottom of Kuamo'o Road was the birth place of the highest ranking ali'i, acknowledged even by ali'i of the other islands as possessing among the highest mana in the Hawaiian Islands. It's plant icon is the 'ie'ie, a thick vine that crawls up tall trees with long, thick aerial roots that had been manufactured into strong cordage to lash the posts of traditional Hawaiian houses. Kipu, Haiku, Niumalu, Nawiliwili, Kalapaki, Hanamaulu, Wailua, Olohena, Waipouli, Kapaa, Kealia, Kamalomaloo (Moku district of Puna, Ahupua'a) Koolau Ko'olau's plant icon is the flower of the koko'olau (also known as ko'oko'olau). It is easy to see why this plant would be chosen for this moku by simply noticing it's name, but koko'olau is a widely used medicinal plant. It is made into tea and has medicinal properties and is used in a variety of ways for healing. This is a very useful plant that through ingenuity hundreds of years ago became highly valued. Referred to as an i'a (fish) in Hawaiian, the ula, or spiny lobster, is highly prized as food. It's delicate life and spawning cycle should remind us about the need for self control and proper management of natural resources around the island through lahui, or temporary restriction periods. Anahola, Aliomanu, Papaa, Moloaa, Kaakaaniu, Lepeuli, Waipake, Pilaa, Waiakalua, Kahili, Kilauea, Namahana (Moku district Ko'olau, Ahupua'a) Halele'a moku of Halele'a is the native laua'e, a fern that has a beautiful scent like maile, another famous iconic plant of Kaua'i. Another fern bears the same name as this and is very common, especially in landscaping, but this laua'e is rare and deserves efforts to replenish it in the forest. This as a reminder of the fragile state of KauaTs ecology and native biota and the beautiful scent of this laua'e serves as a reminder as to why Kaua'i people should care about preserving something so beautiful. The fish designation for Halele'a is the akule, another common and well -loved fish for food. That this fish often swarms in large numbers off -shore is intended as a counter to the rarity of the laua'e, again, a reminder about the fragile balancing act in KauaTs ecology that requires constant attention in order not to let human carelessness lead to environmental catastrophe. Kalihikai, Kalihiwai, Hanalei, Waioli, Waikoko, Waipa, Lumahai, Wainiha, Haena (Moku district of Halale'a) Napali Napali's plant is the olona, a plant that grows straight whose stems are used to make among the strongest rope to come out of the Pacific through native ingenuity. Nineteenth-century western ships would often trade their own rope for olona rope, including Capt. Cook himself, and Napali was one area where olona plantations were once well known. This reminds us of industries that adjusted our natural habitat on Kaua'i, industries that Kaua'i almost depleted our native plants. The fish (another i'a in Hawaiian terms) is the honu, a creature whose story is one of near ecological disaster with an upturn in resurgence thanks to concerted efforts to stave off the collapse of its populations. A success story, the honu serves as an example of the potential for positive outcomes. As a well -loved seafood among native peoples of the Pacific, this resource, with proper lahui management, could once again thrive as a food source. Hanakapiai, Hanakoa, Pohakuau, Kalalau, Honopu, Awaawapuhi, Nualolo My great great grandfather William Nuiaola Waikaka Kualu drew a map of Kauai of which Robinson holds till today. On this map, there is the true names of our Aina! The history of my family ties to all islands due to my lineage Naumu land claim states heir of Kaumuali'i III so.... 'ike Lineage Genealogy Mo'o our sacred spine KAPUAAIKI (K) 1798-1872 Son of Kahaaulani (K) Kahiwa Kanekapolei It Sibling Pelewahine Kahauulani (K) Parents are Kamehameha Kanekapolei Kahiwa Kanekapolei (W) Parents are Kamehamemeha Kauhilanimaka 1)Kapuaaiki with Kapu Ka'apuwai Kupa Kuwa ( Naumu) had 2 children. Keiki #1 Naumu Benjamin Kapuaaiki Place of Hawaii- Chief of Kauai- Koolau KUPA of Koloa, Kaua'i or Kapu Chiefess of Koloa Children of Kamehameha and Kaumuali'i 2) Naumu Benjamin Kapuaaiki or Naumu Kapuaaiki or B. Naumu or P. Naumu Md. Keawenui they had 4 children. Keiki #3 Lucy B Naumu Keawenui is the daughter of Keawe and Wahineiki 3) Nawai Makanui or Makanui or Kahaku Md. Nika Kekoliliu Kaianui they had 5 children. #5 Malamanui Makanui or George William Kaila Malama *Napunawai and Makanui 1829 *children of Kaumuali'i 4) George William Kaila Malama (Malamanui)Makanui Md. Lucy B Naumu (Luke) they have 13 Keiki #2 Nahinu Malama children of Kaumuali'i 5)Nahinu Malama Md. Kahololio Kanewahine or Hololio Kanewahine or Kawahine they have 3 Keiki #1 Ku or Kunahinu Malama. Children of Kaumuali'i Kalauahea (K) KANEWAHINE (W) Kawahine Makua Kahololio KANEWAHINE Or Hololio KANEWAHINE 6)Ku or Kunahinu Malama or William G Malama Md. Hannah Keoua Pauahi or Hana Puahi they had 21 children. #1 child Joseph Ku Keoua Malama or Joe Ku Hana K. Puahi is the daughter of Moses Puahi Keoua the son of Keoua Ku'ahu'ula and Kepi'o Husband of Koa Keoua Keoua Kalanikupuapa?kalaninui Ahilapalapa, sometimes called Keoua Nui father of 7) Joseph Ku Keoua Malama married Luukia Kaaloa Ahana or Lucille Kaaloa Ahana they had 13 children. Keiki #10 Edmund Francis Malama Sr. *Kawelo lineage, Kaaloa, Kuihelani first governor of Oahu, Kaaloapiilani, Mu'olehua Chiefess of Wainiha, Kanaloa high counsel 8)Edmund Francis Malama Sr. married Gloria Jane Puanani Naki Albarado they had 1 child. Keiki #1 is Edmund Francis Malama Jr. 9)Edmund Francis Malama Jr. married Darlene Joyce Rita they had 2 children. Keiki #1 Roslyn Nicole Manawaiakea Malama (Cummings) Here's links to records Kaua'i Oral tradition from an Oli chant that was translated by a family member. This oli chant was written by William Nuiaola Waikaka Kualu and it speaks about the island of Kauai. Our connection to the place lay within our Mo'okuauhau; our birthright This newspaper article LIHUE, Kauai, Jan. 29—There's something a little special about William K. Kuwalu's birthday tonight because he will be 100 years old. Kuwalu, who can probably lay claim to being Kauai's oldest resident, was born on Jan. 29, 1849, on the little island of Niihau. KUWALU WAS REARED in Waimea, where he attended school. The late Abraham Kuwalu, his father, was a Hawaiian school teacher at the time. Kuwalu has been employed at various times as a special police officer, a farmer, and as an assistant surveyor for the government, and has been with Gay & Robinson for many years. He is still with the company as a handyman. He is one of the few remaining old time Hawaiians well versed in the ancient Hawaiian dances and chants. 'll'tpS'� n1i020a-�'aY4�11 'Or'����1`���3/�4/'DI�IhdB`/-OI-4Vliilaf'l -t-nU'i�iB LI- 19421 Through this man I can state our genealogy over 4800 years back unbroken. We are people of oral tradition, oral history. through Ida Naki Kaumualii Naki (b. 1832, d. date unknown) Nakiahoa Kaumualii Naki (son of Kalau and Laamakahiki) was born 1832 in Mapulehu, Molokai, Hawaii, and died date unknown.He married Kalauwao Waha Opunui. Children of Nakiahoa Kaumualii Naki and Kalauwao Waha Opunui are: +Kauanui (Joseph) Olilikai Naki, b. January 12, 1856, Haiku, Maui, Hawaii, d. January 12, 1901, Mapulehu, Molokai, Tern of HI. Hikiona Naki, b. 1857, d. date unknown. Malaea Naki, b. date unknown, d. date unknown. Pawela Naki, b. date unknown, d. date unknown. Kalama Naki, b. date unknown, d. date unknown. +Mete Naki, b. date unknown, d. date unknown. Pala Naki, b. date unknown, d. date unknown. Lonoehu and Naki lineage Maweke Lonokaehu Cousin asked me to find out connection to Maweke LEGEND OF LA'A-MAI-KAHIKI'S TRIPLET SONS La'a is received on Kauai by Moikeha and his kahuna Poloahi-lani. He settles at Kahiki-nui on Maui but, finding it too windy, removes to the west coast of Kahoolawe, whence he sails back to Kahiki. His principal place of residence is at Kualoa on Oahu. Here he has three wives,' daughters of three chiefs of this region, all of whom give birth on the same night. Hoaka-nui- kapuaihelu, daughter of Lono-ka-ehu, chief of Kualoa. is the mother of Lauli-a-la'a; Waolena from Kaalaea, of Ahukini; Mano from Kaneohe, of Kukona. Mano's child came last, but when she heard that the other wives had given birth she used energetic means to hasten her child's arrival and hence her name of "Mann who slapped her abdomen" (Mano-opu-pa'ipa'i). 7 A chant [from Kamehameha's day] records the incident: "Ahukai (the father), La'a (the son), La'a, La'a, La'a-mai-kahiki the chief; Ahukini son of La'a, p. 359 Kukona son of La'a, Lauli son of La'a, The triple canoe (triplets) of La'amaikahiki, The sacred firstborn sons of La'a Who were born on the same day." Kea lineage Maweke lineage Naki Makanui Kanui Kaianui lineages Keaunui (Hawaiian for "Keau the Great") was a High Chief of 'Ewa, Wai'anae and Waialua in ancient Hawaii.[1] He was a member of the Nanaulu line and is also known as Keaunui-a- Maweke.[2] His mother was High Chiefess Naiolaukea, also known as Naiolakea.[3] (In ancient Hawaii, it was known for nobles to have many names.) His father was famous High Chief and wizard called Maweke, an Ali'i of "the blue blood" He had brothers named Mulieleali'i and Kalehenui. Keaunui married woman named Wehelani (Hawaiian: lani = "sky"), and their children were High Chief Laakona of 'Ewa High Chiefess and "witch" Nuakea of Molokai High Chief and "wizard" Mo'i Keaunui had a granddaughter, Chiefess Kapauanuakea of Molokai. Keaunui ordered the cutting of one navigable channel. There is a connction with this and Keali'iahonui, Aarona Kamuali'i lineage My father's mother's lineage through tutu Ida Naki (Waikiki) Piko 'Ghana Hikiona Naki (K) 1857-1875 Parents Nakiahoa Kaumuali'i (K) 1837 Kalauao Waha Oponui (W) 1835 3rd x great grandparents Kaaliaaukea (W) Parents Kaomi(K) Keawekoolau (W) 1847 4th x great grandparents James Naki (K) 1879-1951 Julia Kanui Kahaulelio (W) 1884-1935 Great great grandparents Parents Hikiona Naki (K) Kaaliaukea (W) 3rd x great grandparents Julia Kanui parents are Noah Manamana Kahaulelio (K) 1853 Martha Kanui (W) 1858 3rd x great grandparents Parents of Noah Manamana Kahaulelio Manamana (K) 1816 Nako'oko'o (W) 1820 4th x great grandparents Parents of Martha Kanui Kanui (K)1836 Kalike (W) 1840 4th x great grandparents Kahekili is great grandma Victoria's line the kaawa line Kaeo is is great grandpa Walter line the Naki line "Ka'eokulani Kaeo-Kulani was Killed In Battle On This Island By KAPIIKAUINAMOKU Article 38 The Prince Kaeo-Kalani Kekaulike of Maui took as conort the High-Chiefess Hoau-a- Aila of the distinguished royal House of Lono-I-Kama-ahiki and Kaikilani. Two sons and a daughter were born this Union, the Prince Kaeoulani the Prince Kekau-awamoku, and the Princess amu-Haaipo. As a young lad still in his early teens, the Prince Kaeo-Kulani was betrothed to the Queen - Regnant Kamakahelei-I-Kaumeheiwa of Kauai. He therefore spent most of his life on that northern island kingdom where he ruled de facto as the King -Matrimonial. rx• KAEO-KULANI was killed in battle on the island of Oahu where he went to aid his nephew, Kalanikupule, in the defense of Oahu against Kamehameha. Kaeo-Kulani and the Queen of Kauai had one son, the noble Prince Kaumualii, last independent sovereign of Kauai. Kamakaheleli had also married the High -Chief Kiha, titular prince of Niihau who did homage to the kings of Kauai for his domain. They had one daughter, the Princess Kawalu, who first wed the Prince of Oahu Kaapuwailani-o-Kaneoneo and had two children, the Prince Lelemahoalani and the Princess Kapua-a-Mohu. x x x THE PRINCES KAWALU then married her half-brother, King Kaumualii, and of this second union was born the Prince George Kaumualii surnamed Humehume. Kaumualii took as his second wife of rank his step -daughter, the Princess Kapua-a-mohu, and of this union was born the Prince kealiiahonui and the Princess Kekaulike - Kinoike, Prince George Kaumualii was the heir -apparent to the throne of Kauai. The only living descendants of the Prince Kaeo-kulani through the seniority descent of Kaumualii and George Kaumualii-Humehume are Helen Hoolulu, the High-Chiefess Kaleikapu- o-Kaeokulani and her children. x x > THIS ROYAL LADY now living quietly on Oneawa street of Kailua is presently married to Arnold Hoolulu who himself bears an honored Hawaiian name. She is a gentle woman unconsumed by the vain -glorious pretensions of other more wealthy but less royal members of Kauai's strains bf nobility, yet surely does the blood of the most exalted rank of the sacred House of Mano- Kalanipo and the Dynasty of Kaumualii flow in her veins. Certainly is the sovereignty of the Kingdom of Kauai inherent and vested in the person of her eldest son Arnold Hoolulu the High -Chief Kaiminaauao who -had there been no Kamehameha Dynasty —would surely have this day been the monarch of that northern kingdom. x x x TOO LONG HAVE the people of Hawaii forgotten their traditional chieftains; too long have these chieftains themselves forgotten their people. Now is the hour for mutual remembrance. It was Prince George Kaumualii, the ancestor of the Hoolulu family of Kailua, who last dared at the expense of his own life and for love of his own country to challenge that government and those persons who had cast his royal house from their lawful and divine inheritance. Mayhap the day will come again when the seed of this brave prince will seek again to recover the patrimony of his dynasty that Kauai may bloom again as of yore. King -Matrimonial Kaeo-Kulani Birthdate: 1761 Birthplace: Hana, Island of Maui, Hawaii, USA Death: Hana, Island of Maui, Hawaii, USA Place of Burial: Hana, Island of Maui, Hawaii, USA Immediate Family: Ho'olau mother Kekaulike father Mano'hai'aipo-Man u-hai'aipo sister Kane-alae stepmother Luahiwa III (Moloka'i Chiefess) half sister Kahawalu Kahawalu stepmother Ke'kauhi'wamoku Kekau-a-Hiwamoku half brother Kekuiapoiwanui Kalani-kauhihwaka... stepmother Kahekilinui'ahumanu, II half brother Kalola PUPUKA-O-HONOKAWAILANI, H... half sister Kuho'oheiheipahu half sister Kamehamehanui Ailuau half brother Kaaloa'piilani (K) Kaneikaheilani (W) Mu'olehua (W) Kalaniopu'u (K) Kukanaloa (K) Kaaloa (K) Kohulahaalane (W) Parents are Umi'ape'ape (K) Marriage: Kumaka'ali (W) Kuihelani (K) Govenor of Oahu Kaaloa (K) Kaaoa (W) Kaaloa (K) Kawahanuku (W) Samual Kaaloa Abigail Kaaloa Lucille Kaaloa Edmund Malama Sr Edmund Malama Jr Manwaiakea Kealiiwahanuku (W) mother of Luisa Kawahanuku and daughter of Luluiwa Luisa Kawahanuku is the mother of Samuel Kaaloa wife of Edward Kaaloa Samuel's Wife is Lizzie M Kaaloa LEGEND OF MOIKEHA-OLOPANA Olopana settles in Waipio on Hawaii and Lu'ukia, grand -daughter of Hikapoloa of Kohala, becomes his wife. They are driven out by a flood and retire to Kahiki where some say Moikeha is living, others that he was with Olopana in Waipio. Moikeha becomes infatuated with Lu'ukia and Olopana raises no objections; but a rival suitor, Mua, who cannot win her favor, pretends to her that Moikeha is defaming her publicly, and she will have nothing more to do with Moikeha. The chief therefore leaves his lands under the care of Olopana and paddles away in a canoe manned by companions whose names, as recorded, are perpetuated as place names on the Hawaiian group. His canoes beach on the island of Kauai, at Waimahanalua, in Kapa'a in Wailua. The pretty daughters. of the chief Puna are out surfing. They take Moikeha for their husband and he succeeds at Puna's death to his father-in-law's lands.... Moikeha's son Ho'okamali'i settles at Ewa on Oahu, Haulanui-aikea remains on Kauai, Kila goes to Hilo, Hawaii. Other sons named are Umalehu, Kaialea, Ke-kai-hawewe, Lau-kapalala. His two wives are Ho'oipo-i-ka-malanai and Hina-uulua [but both names may belong to a single woman and "Sweetheart in the trade wind" may be a chant name for the Hina-uulua who appears on the Nana-ulu genealogy as wife of Moikeha and mother of Ho'okamali'i who succeeds his father]. On the journey from the south the party touches first at the easternmost point of Hawaii and the younger brothers of Moikeha (Kumukahi and Ha'eha'e) remain at Puna; the kahunas Mo'okini and Ka-lua-wilinau make their home at Kohala; Honua-ula lands in Hana on Maui; the sisters Makapu'u and Makaaoa land on Oahu [where Kila visits them when he sails after La'a, and Hi'iaka claims Makupu'u as relative in ghost form on her journey about Oahu]. The rest of the party go on to Kauai. These include the paddlers Ka-pahi and Moana-ikaiaiwe, the sailing master Kipu-nui-aiakamau, with his mate, especially skilled in maneuvering a canoe by backing water; the spy Kaukaukamunolea, with his mate, who goes later as pilot with Kila p. 354 to Kahiki; and the foster son of Moikeha, the chanter Kamahualele (Child of the flying spray). Between Lanai and Molokai, Moikeha has joined to his company a kupua called Kakaka-uha-nui (Strong -chested Kakaka) who has such long legs he can steady a canoe as he stands in the water and can stay under water for a long time without breathing. It is he who, on the return voyage with Kila, wins a match in a diving contest with the tide kupua Ke-au-miki and Ke-au-ka by staying under water "ten nights and two" to their ten nights. The fine chant calling upon Moikeha to make his home in Hawaii is supposed to have been composed by Kamahualele as the canoe first sighted land, some say at South cape in Kau district, others off the Hilo coast. Eia Hawaii, he moku, he kanaka, He kanaka Hawaii--e, He kanaka Hawaii, He kama na Kahiki, He pua alii mai Kapaahu, Mai Moa-ulu-nui-akea Kanaloa, He moopuna na Kahiko, laua o Kapulanakehau... . "Here is Hawaii, an island, a man, Hawaii is a man indeed, Hawaii is a man, A child of Tahiti, A royal offspring from Kapaahu, From Moa-ula-nui-akea of Kanaloa, A grandchild of Kahiko and Kapulanakehau. It was Papa who bore him, The daughter of Ku-kalani-ehu and Kahaka-ua-koko, The island offspring from a single group, Set evenly from east to west, As if spread out in a row, And joined onto Holani, Kaialea the seer journeyed about the land, Separated Nu`uhiwa, landed on Polapola, Kahiko is the rootstock of the land, He divided up and separated the islands, p. 355 The fishline of Kaha`i is broken, Cut by Ku-kanaloa, The lands are divided into sections, into districts, Divided by the sacred bamboo knife of Kanaloa, Haumea is the bird sailing to Kahiki, Moikeha is the chief who dwells there, My chief dwells in Hawaii, He lives! he lives! The chief lives and the kahuna, The soothsayer lives and the slave, He dwells on Hawaii and is at rest, He grows to old age on Kauai, Kauai is the island, Moikeha is the chief! Haupu Lonoehu Nawahine Kuwalu Ka'ahanui Lonoikahaupu, Kahekili, Manokalnipo, Maweke, Moikeha, Kukona Keliilawaianui (K) from Hana 1780 Kaihekepookaikoleakewe... (W) from Kailua-Kona 1785 Lonoehu (K) Hilo 1818 Kahulaleaole (W) Hilo 1822 Daughter Elia Kanoe Nawahine (W) Waialua 1844 Jospeh Palikapu Nawahine (K) Kalahiki 1850 son of Nohomakalae Nawahine (K)1825 Kailua-Kona died in Koloa, Kaua'i 1875 Kaniniuokalani Powahilani (W) Kalahiki 1831 daughter of Puhipau or Puhikau (K) 1805 Kalahiki Kealiipoai Kealiipoaiokalani (Kealiipoai) (W) 1809 Kulia Haupu born 1865 Papaikou daughter of Joseph W Palikapu Nawahine nd Elia Ka'ahanui A Married Pononui Haupu (K) 1867 Kohala Son of Haupu (K) 1841 and Kaolei (W) 1845 Daughter of Pononui Haupu and Julie Nawahine Ka'ahanui is Helen Liawahine Haupu 1885 Kohala Wife of William Waikaka Nuiaola Kuwalu 1849 Niihau Parents to my great grandmother Helen Lahapa Kamakaeha Haupu Kualu 1925 Waimea, Kaua'i The story is my tutu wahine met Kuwalu while visiting her Makuaole 'Ghana which means this family is tied to Kukona and Manokalanipo (Palikapu) Also, Haupu is tied to Deborah Kapule whose father is High Chief H5'upu of Waimea, who was one the chiefs whom King Kaumuali'i sent to Oahu in 1810 Born Kekaiha'akulou around 1798 Kai'awa was a counselor to Kaumuali'i's father KNeokulani and was connected to Kaneikaheilani, a chiefess from Kauai who was the grandmother of Ha'alou, the maternal grandmother of Queen Ka'ahumanu, and also to Kaweloamaihunali'i, an early King of Kaua'i. Her mother Hawea was a relative of Queen Ka'ahumanu from a Maui line of descent United Nations Acknowledges the Occupation of the Hawaiian Kingdom Chapter XI of the Charter of the United Nations deals with Non -Self -Governing Territories, and calls for international accountability regarding peoples who have not achieved a full measure of self-government. Article 73 reads in part as follows: "Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end: a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses; b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement...; e. to transmit regularly to the Secretary -General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply."(1) The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is an international instrument adopted by the United Nations on September 13, 2007, to enshrine (according to Article 43) the rights that "constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world." The UNDRIP protects collective rights that may not be addressed in other human rights charters that emphasize individual rights, and it also safeguards the individual rights of Indigenous people. The Declaration is the product of almost 25 years of deliberation by U.N. member states and Indigenous groups. The first of the UNDRIP's 46 articles declares that "Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all human rights and fundamental freedoms as recognized in the Charter of the United Nations, the Universal Declaration of Human Rights(4) and international human rights law." The Declaration goes on to guarantee the rights of Indigenous peoples to enjoy and practice their cultures and customs, their religions, and their languages, and to develop and strengthen their economies and their social and political institutions. Indigenous peoples have the right to be free from discrimination, and the right to a nationality. Significantly, in Article 3 the UNDRIP recognizes Indigenous peoples' right to self-determination, which includes the right "to freely determine their political status and freely pursue their economic, social and cultural development." Article 4 affirms Indigenous peoples' right "to autonomy or self-government in matters relating to their internal and local affairs," and Article 5 protects their right "to maintain and strengthen their distinct political, legal, economic, social and cultural institutions." Article 26 states that "Indigenous peoples have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired," and it directs states to give legal recognition to these territories. The Declaration does not override the rights of Indigenous peoples contained in their treaties and agreements with individual states, and it commands these states to observe and enforce the agreements. The UNDRIP was adopted by 144 countries, with 11 abstentions and 4 countries voting against it. These four countries were Canada, the USA, New Zealand, and Australia. Since 2009 Australia and New Zealand have reversed their positions and now support the Declaration, while the United States and Canada have announced that they will revise their positions. Geneva Convention In the aftermath of World War II, countries met in Geneva, Switzerland, in 1949 to draft four treaties (conventions) and three additional protocols that establish standards for the humanitarian treatment during war. The Fourth Geneva Convention, in particular, would also "apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. (Article 2)." The Convention also provides protection to "those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals (Article 4)." Nationals who are "protected persons" under the Convention are protected from, "willful killing, torture or inhuman treatment, including biological experiments, willfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or willfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly (Article 147)." Violation of these rights of "protected persons" constitute a "war crimes." There are currently 194 countries who are High Contracting Parties to the Fourth Geneva Convention. Of the High Contracting Parties, 193 comprise all of the member States of the United Nations, and 1 is a non-member State of the United Nations, Cook Islands. On November 28, 2012, the acting government of the Hawaiian Kingdom signed the instrument of accession acceding to the Fourth Geneva Convention for the protection of the civilian population during HawaiTs occupation, and on January 14, 2013, the instrument was deposited with the Swiss Federal Council in Berne, Switzerland. Pursuant to Article 157, the Convention took immediate effect from the date of the deposit because Hawai'i is currently under occupation. By acceding to the Fourth Geneva Convention, the Hawaiian Kingdom, as a State, became a High Contracting Party and its territory now comes under the Fourth Geneva Convention and Hawaiian nationals are presently considered "protected persons." The International Criminal Court prosecutes perpetrators who commit war crimes that violate the rights of "protected persons" as defined by the Fourth Geneva Convention. Vienna Convention on the Law of Treaties The Convention was adopted on 22 May 1969 and opened for signature on 23 May 1969 by the United Nations Conference on the Law of Treaties. The Conference was convened pursuant to General Assembly resolutions 2166 (XXI)1 of 5 December 1966 and 2287 (XXII)2of 6 December 1967. The Conference held two sessions, both at the Neue Hof burg in Vienna, the first session from 26 March to 24 May 1968 and the second session from 9 April to 22 May 1969. In addition to the Convention, the Conference adopted the Final Act and certain declarations and resolutions, which are annexed to that Act. By unanimous decision of the Conference, the original of the Final Act was deposited in the archives of the Federal Ministry for Foreign Affairs of Austria. The text of the Final Act is included in document Certified true copy Hawaiian Kingdom Law Kingdom of Hawaii Constitution of 1840 DECLARATION OF RIGHTS, BOTH OF THE PEOPLE AND CHIEFS "God hath made of one blood all nations of men to dwell on the earth," in unity and blessedness. God has also bestowed certain rights alike on all men and all chiefs, and all people of all lands. These are some of the rights which He has given alike to every man and every chief of correct deportment; life, limb, liberty, freedom from oppression; the earnings of his hands and the productions of his mind, not however to those who act in violation of laws. God has also established government, and rule for the purpose of peace; but in making laws for the nation it is by no means proper to enact laws for the protection of the rulers only, without also providing protection for their subjects; neither is it proper to enact laws to enrich the chiefs only, without regard to enriching their subjects also, and hereafter there shall by no means be any laws enacted which are at variance with what is above expressed, neither shall any tax be assessed, nor any service or labor required of any man, in a manner which is at variance with the above sentiments. PROTECTION FOR THE PEOPLE DECLARED The above sentiments are hereby published for the purpose of protecting alike, both the people and the chiefs of all these islands, while they maintain a correct deportment; that no chief may be able to oppress any subject, but that chiefs and people may enjoy the same protection, under one and the same law. Protection is hereby secured to the persons of all the people, together with their lands, their building lots, and all their property, while they conform to the laws of the kingdom, and nothing whatever shall be taken from any individual except by express provision of the laws. Whatever chief shall act perseveringly in violation of this constitution, shall no longer remain a chief of the Hawaiian Islands, and the same shall be true of the Governors, off icers,and all land agents. But if any one who is deposed shall change his course, and regulate his conduct by law, it shall then be in the power of the chiefs to reinstate him in the place he occupied previous to his being deposed. CONSTITUTI011 It is our design to regulate our kingdom according to the above principles and thus seek the greatest prosperity both of all the chiefs and all of the people of these Hawaiian Islands. But we are aware that we cannot ourselves alone accomplish such an object --God must be our aid, for it is His province alone to give perfect protection and prosperity. --Wherefore we first present our supplication to HIM, that he will guide us to right measures and sustain us in our work. It is therefore our fixed decree, I. That no law shall be enacted which is at variance with the word of the Lord Jehovah, or at variance with the general spirit of His word. All laws of the Islands shall be in consistency with the general spirit of God's law. II. All men of every religion shall be protected in worshipping Jehovah, and serving Him, according to their own understanding, but no man shall ever be punished for neglect of God unless he injures his neighbor, of bring evil on the kingdom. III. The law shall give redress to every man who is injured by another without a fault of his own, and shall protect all men while the conduct properly, and shall punish all men who commit crime against the kingdom or against individuals, and no unequal law shall be passed for the benefit of one to the injury of another. IV. No man shall be punished unless his crime be first made manifest, neither shall he be punished unless he be first brought to trail in the presence of his accusers, and they have met face to face, and the trail having been conducted according to law, and the crime made manifest in their presence, the punishment may be inflicted. V. No man or chief shall be permitted to sit as judge of act on a jury to try his particular friend (or enemy), or one who is especially connected with him. Wherefore if any man be condemned or acquitted, and it shall afterwards be made to appear, that some one who tried him acted with partiality for the purpose of favoring his friend (or injuring his enemy), or for the purpose of enriching himself, then there shall be a new trial allowed before those who are impartial. EXPOSITION OF THE PRINCIPLES ON WHICH THE PRESENT DYNASTY IS FOUNDED. The origin of the present government, and system of polity, is as follows: Kamehameha I, was the founder of the kingdom, and to him belonged all the land from one end of the Islands to the other, though it was not his own private property. It belonged to the chiefs and people in common, of whom Kamehameha I was the head, and had the management of the landed property. Wherefore, there was not formerly, and is not now any person who could or can convey away the smallest portion of land without the consent of the one who had, or has the direction of the kingdom. These are the persons who have had the direction of it from that time down, Kamehameha ll, Kaahumanu I, and at the present time Kamehameha III. These persons have had the direction of the kingdom down to the present time, and all documents written by them, and no others are the documents of the kingdom. The kingdom is permanently confirmed to Kamehameha III, and his heirs, and his heir shall be the person whom he and the chiefs shall appoint, during his life time, but should there be no appointment, then the decision shall rest with the chiefs and house of Representatives. PREROGATIVES OF THE KING. The prerogatives of the King are as follows: He is the sovereign of all the people and all the chiefs. The kingdom is his. He shall have the direction of the army and all the implements of war of the kingdom. He also shall have the direction of the government property --the poll tax --the land tax --the three days monthly labor, though in conformity to the laws. He also shall retain his own private lands, and lands forfeited for the non-payment of taxes shall revert to him. He shall be the chief judge of the Supreme Court, and it shall be his duty to execute the laws of the land, also all decrees and treaties with other countries, all however in accordance with the laws. It shall also be his prerogative to form treaties with the rulers of all other kingdoms, also to receive ministers sent by other countries, and he shall have power to confirm agreements with them. He shall also have power to make war in time of emergency, when the chiefs cannot be assembled, and he shall be the commander -in -chief. He shall also have power to transact all important business of the kingdom which is not by law assigned to others. RESPECTING THE PREMIER OF THE KINGDOM. It shall be the duty of the King to appoint some chief of rank and ability, to be his particular minister, whose title shall be Premier of the Kingdom. His office and business shall be the same as that of Kaahumanu I, and Kaahumanu II. For even in the time of Kamehameha I, life and death, condemnation and acquittal were in the hands of Kaahumanu. When Kamehameha I, died, his will was, "The Kingdom is Liholiho's, and Kaahumanu is his Minister." That important feature of the government, originated by Kamehameha I, shall be perpetuated in these Hawaiian Islands, but shall always be in subserviency to the law. The following are the duties of the Premier: All business connected with the special interests of the kingdom, which the King wishes to transact, shall be done by the Premier under the authority if the King. All documents and business of the kingdom executed by the Premier, shall be considered as executed by the King's authority. All government property shall be reported to him (or her) and he (or she) shall make it over to the King. The King shall not act without the knowledge of the Premier, nor shall the Premier act without the knowledge of the King, and the veto of the King on the acts of the Premier shall arrest the business. All important business of the kingdom which the King chooses to transact in person, he may do it but not without the approbation of the Premier. GOVERNORS. There shall be four Governors over these Hawaiian Islands --one for Hawaii --one for Maui and the Islands adjacent --one for Oahu, and one for Kauai and the adjacent Islands. All the Governors, from Hawaii to Kauai shall be subject to the King. The prerogatives of the Governors and their duties, shall be as follows: Each Governor shall have the general direction of the several tax gatherers of his island, and shall support them in the execution of all their orders which he considers to have been properly given, but shall pursue a course according to law, and not according to his own private views. He also shall preside over all the judges of his island, and shall see their sentences executed as above. He shall also appoint the judges and give them their certificates of office. All the Governors, from Hawaii to Kauai shall be subject not only to the King, but also to the Premier. The Governor shall be the superior over his particular island or islands. He shall have charge of the munitions of war, under the direction of the King, however, and the premier. He shall have charge of the forts, the soldiery, the arms and all the implements of war. He shall receive the government dues and shall deliver over the same to the Premier. All important decisions rest with him in times of emergency, unless the King or Premier be present. He shall have charge of all the King's business on the island, the taxation, new improvements to be extended, and plans for the increase of wealth, and all officers shall be subject to him. He shall also have power to decide all questions, and transact all island business which is not by law assigned to others. When either of the Governors shall decease, then all the chiefs shall assemble at such place as the King shall appoint, and shall nominate a successor of the deceased Governor, and whosoever they shall nominate and be approved by the King, he shall be the new Governor. HOUSE OF NOBLES. At the present period, these are the persons who shall sit in the government councils, Kamehameha III, Kekauluohi, Hoapiliwahine, Kuakini, Kekauonohi, Kahekili, Paki, Konia, Keohokalole, Leleiohoku, Kekuanaoa, Kealiiahonui, Kanaina, Keoni li, Keoni Ana, and Haalilio. Should any other person be received into the council, it shall be made known by law. These persons shall have part in the councils of the kingdom. No law of the nation shall be passed without their assent. They shall act in the following manner: They shall assemble annually, for the purpose of -seeking the welfare of the nation, and establishing laws for the kingdom. Their meetings shall commence in April, at such day and place as the King shall appoint. It shall also be proper for the King to consult with the above persons respecting all the great concerns of the kingdom, in order to promote unanimity and secure the greatest good. They shall moreover transact such other business as the King shall commit to them. They shall still retain their own appropriate lands, whether districts of plantations, or whatever divisions they may be, and they may conduct the business on said lands at their discretion, but not at variance with the laws of the kingdom. RESPECTING THE REPRESENTATIVE BODY. There shall be annually chosen certain persons to sit in council with the Nobles and establish laws for the nation. They shall be chosen by the people, according to their wish, from Hawaii, Maui, Oahu and Kauai. The law shall decide the form of choosing them, and also the number to be chosen. This representative body shall have a voice in the business of the kingdom. No law shall be passed without the approbation of a majority of them. RESPECTING THE MEETINGS OF THE LEGISLATIVE BODY. There shall be an annual meeting as stated above; but if the Rulers think it desirable to meet again they may do it at their discretion. When they assemble, the Nobles shall meet by themselves and the representative body by themselves, though at such times as they shall think it necessary to consult together, they may unite at their discretion. The form of doing business shall be as follows: The Nobles shall appoint a Secretary for themselves who at the meetings shall record all decisions made by them, and that book of records shall be preserved in order that no decrees affecting the interests of the kingdom may be lost. to The same shall be done by the representative body. They too shall choose a Secretary for themselves, and when they meet for the purpose of seeking the interests of the kingdom, and shall come to a decision on any point, then that decision shall be recorded in a book, and the book shall be preserved, in order that nothing valuable, affecting the interests of the kingdom should be lost; and there shall no new law be made, without the approbation of a majority of the Nobles and also a majority of the representative body. When any act shall have been agreed upon by them, it shall thin be presented to the King, and if he approve and sign his name, and also the Premier, then it shall become a law of the kingdom, and that law shall not be repealed until it is done by the voice of those who established it. RESPECTING THE TAX OFFICERS The King and Premier shall appoint Tax Officers, and give them their certificates of office. There shall be distinct tax officers for each of the islands, at the discretion of the King and Premier. When a tax officer has received his certificate of appointment, he shall not be dismissed from office without first having a formal trial, and having been convicted of fault, at which time he shall be dismissed. Though if the law should prescribe a given number of years as the term of office, it may be done. The following are the established duties of the tax officers. They shall assess the taxes and give notice of the amount to all the people, that they may understand in suitable time. The tax officers shall make the assessment in subserviency to the orders of the Governors, and in accordance with the taxes are to be gathered, they shall gather them and deliver the property to the Governor, and the Governor shall pay it over to the Premier, and the Premier shall deliver it to the King. The tax officers shall also have charge of the public labor done for the King, though if they see proper to commit it to the land agents it is well but the tax officers being above the land agents shall be accountable for the work. They shall also have charge of all new business which the King shall wish to extend through the kingdom. In all business however they shall be subject to the Governor. The tax officers shall be the judges in all cases arising under the tax law. In all cases where land agents or landlords are charged with oppressing the lower classes, and also in all cases of difficulty between land agents and tenants, the tax officers shall be the judges, and also all cases arising under the tax law enacted on the 7th of June, 1839. They shall moreover perform their duties in the following manner: Each tax officer shall be confined in his authority to his own appropriate district. If a difficulty arises between a land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent and his tenant, the tax officer shall try the case and if the tenant be found guilty, then the tax officer, in connection with the land agent shall execute the law upon him. But if the tax officer judge the land agent to be in fault, then he shall notify all the tax officers of his particular island, and if they are agreed,they shall pass sentence on him and the governor who shall have power to try the case again, and if exceptions are taken to the decision of the Governor, on information given to the Supreme Judges, there shall be a new and final trial before them. OFTHEJUDGES Each of the Governors shall at his discretion, appoint judges for his particular island, two or more as he shall think expedient, and shall give them certificates of office, After having received their certificates, they shall not be turned out, except by impeachment, through it shall be proper at anytime for the law to limit the term of office. They shall act in the following manner: They shall give notice before hand of the days on which courts are to be held. When the time specified arrives, they shall then enter on the trails according as the law shall direct. They shall be the judges in case arising under all the laws excepting those which regard taxation, or difficulties between land agents, or landlords and their tenants. They shall be sustained by the Governor, whose duty it shall be to execute the law according to their decisions. But if exceptions are taken to their judgment, Whosoever takes them may appeal to the supreme judges. Their business shall be to settle all cases of difficulty which are left unsettled by the tax officers and common judges. They shall give a new trial according to the conditions of the law. they shall give previous notice of the time for holding courts, in order that those who are in difficulty may appeal. The decision of these shall be final. There shall be no further trial after theirs. Life, death, confinement, fine, and freedom, from it, are all in their hands, and their decisions are final. OF CHANGES IN THIS CONSTITUTION This constitution shall not be considered as finally established, until the people have generally heard it and have appointed persons according to the provisions herein made, and they have given their assent, then this constitution shall be considered as permanently established. But hereafter, if it should be thought desirable to change it, notice shall be previously given, that all the people may understand the nature of the proposed change, and the succeeding year, at the meeting of the Nobles and the representative body, if they shall agree as to the addition proposed or as to the alteration, then they may make it. The above constitution has been agreed to by the Nobles, and we have hereunto subscribed our names, this eighth day of October, in the year of our Lord 1840, at Honolulu, Oahu. (Signed) Kamehameha III. Kekauluohi Reference ;°i_n� Ja;dass�c S'-3b_ ivc<ii Kingdom of Hawai'i Constitution of 1852 GRANTED BY HIS MAJESTY KAMEHAMEHA III., KING OF THE HAWAIIAN ISLANDS, BY AND WITH THE ADVICE AND CONSENT OF THE NOBLES AND REPRESENTATIVES OF THE PEOPLE IN LEGISLATIVE COUNCIL ASSEMBLED, JUNE 14TH, 1852. DECLARATION OF RIGHTS. Article 1. God hath created all men free and equal, and endowed Lthem with certain inalienable rights; among which are life and liberty, the right of acquiring, possessing and protecting property, and of pursuing and obtaining safety and happiness. Article 2. All men are free to worship God according to the dictates for their own consciences; but this sacred privilege hereby secured, shall not be so construed as to justify acts of licentiousness or practices inconsistent with the peace or safety of this Kingdom. Article 3. All men may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of that right; Land no law shall be passed to restrain or abridge the liberty of speech, or of the press. Article 4. All men shall have the right, in an orderly and peaceable manner to assemble, without arms, to consult upon the common good; give instructions to their Representatives; and to petition the King or the Legislature for redress of grievances. Article 5. The privilege of the writ of Habeas Corpus belongs to all men, and shall not be suspended, unless by the King, when, in cases of rebellion or invasion, the public safety shall require its suspension. Article 6. The right of trial by jury, in all cases in which it has been heretofore used in this Kingdom, shall remain inviolate forever. Article 7. No person shall be subject to punishment for any offense, except on due and legal conviction thereof, in a court having jurisdiction of the case. Article 8. No person shall be held to answer for any crime or offense (except in cases of impeachment, or for offenses within the jurisdiction of a police or district justice, or in summary proceedings for contempt,) unless upon indictment, fully and plainly describing such crime or offense; and in the trait of any person on the charge of any crime or offense, he shall have the right to meet the witnesses who are produced against him, face to face, to produce witnesses and proofs in his own favor; and by himself, or his counsel, at his election, to examine the witnesses produced by himself, and cross-examine those produced against him; and to be fully heard in his defense. Article 9. No person shall be required to answer again for an offense, for which he has been duly convicted, or of which he has been duly acquitted upon a good and sufficient indictment. Article 10. No person shall be compelled, in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law. Article 11. No person shall sit as judge or juror, in any case in which his relative is interested, either as plaintiff, or defendant, or in the issue of which the said judge or juror may have, either directly or through a relative, any pecuniary interest. Article 12. Slavery shall, under no circumstances whatever, be tolerated in the Hawaiian Islands: whenever a slave shall enter Hawaiian territory he shall be free; no person who imports a slave, or slaves, into the King's dominions shall ever enjoy any civil or political rights in this realm; but involuntary servitude for the punishment of crime is allowable according to law. Article 13. Every person has the right to be secure from all unreasonable searches and seizures of his person, his houses, his papers, and effects; and no warrants shall issue, but on probable cause, supported by oath or affirmation, and describing the place to be searched, and the person or things to be seized. Article 14. The King conducts His Government for the common good; for the protection, safety, prosperity and happiness His people; and not for the profit, honor, or private interest of any one man, family or class of men among His subjects. Therefore in making laws for the nation, regard shall be had to the protection, interest and welfare not only the King, the Chiefs, and rulers, but of all people alike. Article 15. Each member of society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws. He is obliged, consequently, to contribute his proportional share to the expense of his protection; to give his personal services, or an equivalent, when necessary; but no part of the property of any individual, can, with justice, be taken from him or applied to public uses without his own consent, or that of the King, the Nobles, and the Representatives of the people. And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefore. Article 16. No subsidy, impost, duties or tax of any description, shall be established or levied, nor any money drawn from the public treasury under any pretext whatsoever, without the consent of both branches of the Legislature; provided that the Legislature shall make provision, in the annual bills of appropriation, for the emergency of ware, invasion, or rebellion; and the Minister of Finance shall render a detailed account to the Legislature of any expenditure made under that provision. Article 17. All retrospective laws are unjust; therefore, no such laws shall ever be passed. Article 18. The Military shall always be subject to the laws of the land, and no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner to be prescribed by the Legislature. Article 19. All elections by the people shall be by ballot. Article 20. Every elector shall be privileged from arrest on election days, during his attendance at election, and in going to and returning therefrom, except in cases of treason, felony, or breach of the peace. Article 21. No elector shall be so obliged to perform military duty, in the day of election, as to prevent his voting, except in time of war or public danger. FORM OF GOVERNMENT. Article 22 The Government of the Kingdom is that of Constitutional Monarchy, under His Majesty Kamehameha III. His Heirs, and successors. OF THE EXECUTIVE POWER. SECTION 1. THE KING, HIS PREROGATIVES. Article 24. The King shall continue to be the supreme Executive Magistrate of this Kingdom under the title of His Majesty. Article 25. The crown is hereby permanently confirmed to His Majesty Kamehameha III. during his life, and to his successor. The successor shall be the person whom the King and the House of Nobles shall appoint and publicly proclaim as such, during the King's life; but should there be no such appointment and proclamation, then the successor shall be chosen by the House of Nobles and the House of Representatives in joint ballot. Article 26. No person shall ever sit upon the throne who has been convicted of any infamous crime, or who is insane or an idiot. No person shall ever succeed to the crown, unless he be a descendant of the aboriginal stock of Aliis. Article 27. The King is Commander in Chief of the Army and Navy, and of all other Military forces of the Kingdom by sea and land; and has full power by himself, or by any officer or officers, he may appoint, to train and govern such forces, as he may judge best for the defense and safety of the Kingdom. But he shall never proclaim war without the consent of His Privy Council. Article 28. The King, by and with the advice of His Privy Council, has the power to grant reprieves and pardons, after conviction, for all offenses, except in cases of impeachment. Article 29. The King, by and with the advice of His Privy Council, convenes both Houses of the Legislature at the seat of Government, or at a different place, if that should become dangerous, from an enemy, or any dangerous disorder; and in case of disagreement between the two Houses, or between His Majesty and them, He adjourns, prorogues, or dissolves them, but not beyond the session of the next year; and under any great emergency, He may convene both, or either of them to extraordinary sessions. Article 30. The King has the power, by and with the advice of His Privy Council, to make treaties, and appoint Ambassadors, other public Ministers and Consuls who shall be commissioned, accredited and instructed agreeable to the usage and laws of nations. Article 31. It is His prerogative to receive and acknowledge ambassadors and other public ministers; to inform the Legislature by Royal Message, from time to time, of the state of the Kingdom, and to recommend to their consideration such measures as he shall judge necessary and expedient. Article 32. He has the power, by and with the advice of His Cabinet, and the approval of His Privy Council, to appoint and remove at His pleasure any of the several heads of the Executive Departments, and he may require information in writing from any of the officers in the Executive Departments, upon any subject relating to the duties of their respective offices. Article 33. It is his duty to see that the Treaties and Laws of the land are faithfully observed and`executed. Article 34. The King has the power from time to time, to assemble His Cabinet or Privy Councillors to advice with him agreeably with the Constitution and Laws of the land. Article 35. The person of the King is inviolable and sacred; His Ministers are responsible; to the King belongs the Executive power; all laws that have passed both Houses of the Legislature, for their validity, shall be signed by His Majesty and the Kuhina Nui; all his other official acts shall be approved by the Privy Council, countersigned by the Kuhina Nui, and by the Minister to whose Department such act may belong. Article 36. The King is Sovereign of all the Chiefs and of all the People; the Kingdom is His. Article 37. All titles of honor, orders, and other distinctions emanate from the King. Article 38. The King coins money and regulates the currency by law. Article 39. The King, by and with the approval of His Cabinet and Privy Council, in case of invasion or rebellion, can, place the whole Kingdom, or any part of it under martial law; and he can ever alienate it, if indispensable to free it from the insult and oppression of any foreign power. Article 40. The King's Standard and the National Ensign are maintained as now established. Article 41. The King's private lands and other property are inviolable. Article 42. The King cannot be sued or held to account in any court or tribunal of the Realm. SECTION II OF THE KUHINA NUI Article 43 The King appoints some chief of rank and ability to be his Kuhina Nui, who shall be styled the Kuhina Nui of the Hawaiian Islands, and whose title shall be Highness. Article 44. The Kuhina Nui shall be the King's special Counsellor in the great affairs of the Kingdom. All business connected with the special interests of the Kingdom, which the King wishes to transact, shall be done by the Kuhina Nui under the authority of the King. All Acts, Royal Patents, Commissions, and other official documents, duly executed by the Kuhina Nui in the name and by the consent of the King, agreeably with Article 35, unless specially expected by law, shall be equally binding as if executed by the King himself. Article 45. All important business for the Kingdom which the King chooses to transact in person, he may do, but not without the approbation of the Kuhina Nui. The King and Kuhina Nui shall have a negative on each other's public acts. Article 46. The Kuhina Nui shall have charge of the Great Seal of the Kingdom, of the Royal Standard, and of the National Flag; and in the absence of the King, he shall preside over the deliberations of the Privy Council. Article 47. Whenever the throne shall become vacant by reason of the King's death, or otherwise, and during the minority of any heir to the throne, the Kuhina Nui, for the time being, shall, during such vacancy or minority, perform all the duties incumbent on the King, and shall have and exercise all the powers, which by this Constitution are vested in the King. Article 48. Whenever during the vacancy of the throne, or the minority of any heir to it, the office of Kuhina Nui shall become vacant by death, resignation, or otherwise, then the Privy Council, or the major part of them, shall, during such vacancy, have full power and authority to do, and execute all and every such acts, matters, and things, as the King or Kuhina Nui might or could, by virtue of this Constitution, do so execute. And in such case, the Privy Council, immediately after the occurring of such vacancy, shall cause a meeting of both Houses of the Legislature, who shall elect by joint ballot a person to fill the office of Kuhina Nui. SECTION III. OF THE PRIVY COUNCIL Article 49. There shall continue to be a Council of State for advising the King in the Executive part of the Government, and in directing the affairs of the Kingdom, according to the Constitution and laws of the land, to be called the King's Privy Council of State. Article 50. The members of the Privy Council are appointed by the King and hold their offices during His Majesty's pleasure. The King's Ministers and the Governors of the Islands, are, ex-officio, members of His Privy Council. The Privy Council regulates its own proceedings by By- laws enacted by themselves and approved by the King. SECTION IV. OF THE KING'S MINISTERS. Article 51. The Ministers of the King are appointed and commissioned by Him, and hold their offices during His Majesty's pleasure, subject to impeachment. Article 52. The King's Ministers constitute his Cabinet Council, and, as such are his special advisers in the Executive affairs of the Kingdom. Article 53. Each for them shall keep an office at the seat of Government, be accountable for the conduct of his deputies and clerks; and grant information; so far as may consist with the King's honor and the good of the public service, to either House of the Legislature, or attend upon either in person, or by deputy, as such House shall determine. Article 54. Each of them shall make an annual report to the Legislature, made up to the first of January next preceding, of the transactions and business of his Department, within one week after the opening of the Legislature. SECTION V. OF THE GOVERNORS Article 55 The King, by and with the advice of His Privy Council, appoints and commissions the Governors of his several Islands; the Governors hold office for the term of four years, subject to impeachment. Article 57. The King with the consent of the Governor, may appoint in one or more islands, a Lieutenant Governor, during His pleasure, to assist the Governor but always subordinate to him in authority. Article 58. The Governors, in case of sickness, or unavoidable absence, in all cases where no Lieutenant Governor has been appointed, have power to appoint substitutes, for all whose official acts they are responsible. Article 59. The Governor, subject to the King, shall have the executive control of their respective Islands, agreeably with the Constitution and laws of the land; and they shall have the command of the military forces of their respective Islands, and shall make an annual report of the administration of their respective Islands to the Minister of the Interior. OF THE LEGISLATIVE POWER. Article 60. The Legislative Power of this Kingdom is vested in the King, the House of Nobles, and the House of Representavties; each of whom has a negative on the other. Article 61. The Legislative Body shall assemble annually, for the purpose of seeking the welfare of the nation, in the first week in April, and at such other time, and in the place that the King may judge necessary. This Body shall be styled the Legislature of the Hawaiian Islands. Article 62. Full power and authority are hereby given to said Legislature, from time to time, to make all manner of wholesome laws, either with penalties or without, as they shall judge to be for the welfare of the nation, and for the necessary support and defense of good government; provided the same be not repugnant or contrary to this Constitution. Article 63. No bill or resolution, although it may have passed the Legislature, shall become a law, or have force as such, until it shall have been presented to the King, through the Kuhina Nui, for the revisal, and if he approve thereof, he shall signify his approbation by signing the same. But if he have any objection to the passing of such bill or resolve, he shall return it with his objections in writing to that House in which it shall have originated, who shall enter the objections at large or their journal, and no such bill shall be brought forward thereafter during the same session. Article 64. Each House shall be the judge of the qualifications of its own members, and a majority of each shall constitute a quorum to do business: but a small number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. Article 65. Each House shall choose its own officers, and determine the rules of its own proceedings. Article 66. Each House shall have authority to punish by imprisonment, not exceeding thirty days, every person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in its presence; or who during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the House, or who shall assault any of them therefore, or who shall assault or arrest any witness or other person ordered to attend the House, in his way going or returning; or who shall rescue any person arrested by order of the House. Article 67. Each House may punish its own members for disorderly behavior. Article 68. Each House shall keep a journal of its proceedings, and the yeas and nays of the members of either House, on any question, shall, at the desire of one fifth of those present, be entered on the journal. Article 69. The members of either House shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same, and they shall not be held to answer for any speech, or debate made in the House, in any other court or place whatsoever. Article 70. The Members of the House of Representatives shall receive, for their services a compensation to be ascertained by law and paid out of the public treasury, but no increase of compensation shall take effect during the year in which it shall have been made; and no law shall be passed, increasing the compensation of said members beyond the sum of three dollars per day. Article 71. The members of the House of Nobles sit without nay; but they may receive hereafter such a compensation as the law may enact. OF THE HOUSE OF NOBLES. Article 72. The King appoints the members of the House of Nobles, who hold their seats during life, subject to the provision of Article 67; but their number shall not exceed thirty. Article 73. No person shall be eligible to a seat in the House of Nobles, who shall not have attained to the age of twenty-one years and resided in the Kingdom for five years. Article 74. The House of Nobles shall be a Court with full and sole authority to hear and determine all impeachments made by the House of Representatives, against any officer or officers of the Kingdom, for mis-conduct and mal-administration in their offices; but previous to the trial of every impeachment, the members shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence and the law. Their judgment, however, shall not extend further than to removal from office and disqualification to hold or enjoy any place of honor, trust, or profit under this government; but the party so convicted shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land. OF THE HOUSE OF REPRESENTATIVES Article 75. The House of Representatives shall be composed of not less than twenty-four nor more than forty members, who shall be elected annually. Article 76. The Representation of the people shall be based on the principle of equality, and shall be forever regulated and apportioned according to the population, to be ascertained by the official census. In the year one thousand eight hundred and fifty-three, and every sixth year thereafter, the number of Representatives shall be fixed by the Legislature agreeably with this and the preceding Article. Article 77. No person shall be eligible for a Representative of the people, who is insane, or an idiot, or who shall at any time have been convicted of any infamous crime, nor unless he be a male subject or denizen of the Kingdom, who shall have arrived at the full age of twenty- five years, who shall know how to read and write, who shall understand accounts, and who shall have resided in the Kingdom for at least one year immediately preceding his election. Article 78. Every male subject of His Majesty, whether native or naturalized, and every denizen of the Kingdom, who shall have paid his taxes, who shall have attained the full age of twenty years, and who shall have resided in the Kingdom for one year immediately preceding the time of election, shall be entitled to one vote for the representative or representatives, of the district in which he may have resided three months next preceding the day of election; provided that no insane person, nor any person who shall at any time have been convicted of any infamous crime, within this Kingdom, unless he shall have been pardoned by the King, and by the terms of such pardon been restored to all the rights of a subject, shall be allowed to vote. Article 79. All bills or resolves for raising the revenue, or calling for any expenditure of the public money, shall originate in the House of Representatives; but the House of Nobles may propose or concur with amendments as on other bills. Article 80. The House of Representatives shall be the grand inquest of the Kingdom; and all impeachments made by them shall be heard and tried by the House of Nobles. OF THE JUDICIARY Article 81. The Judicial Power of the Kingdom shall be vested in one Supreme Court, and in such inferior courts as the Legislature may from time to time establish. Article 82. The Supreme Court shall consist of a Chief Justice and two associate Justices, any of whom may hold their offices during good behavior, subject to removal upon impeachment; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Provided, however, that any judge of the Supreme Court, or of any other Court of Record, may be removed from office for mental or physical inability by a concurrent resolution of two-thirds of both branches of Legislature. The judge against whom the Legislature may be about to proceed, shall receive notice thereof, accompanied by a copy of the causes alleged for his removal, at least twenty days before the day on which either branch of the Legislature shall act thereon. Article 83. The Kingdom shall be divided, by law, into a convenient number of circuits, not less than four, nor exceeding eight, subject to alteration by the Legislature, from time to time, as the public good may require; for each of which one or more Circuit Judges, not exceeding three, however, shall be appointed to hold their offices during good behavior, subject to removal upon impeachment. lr Article 84. The Judicial power shall extend to all cases in Law and Equity, arising under the constitution, any law of this Kingdom, and treaties made, or which shall be made under their authority; to all cases affecting Ambassadors, other public ministers and Consuls, and to all cases of Admiralty and maritime jurisdiction. Article 85. The Judicial power shall be divided among the Supreme Court and the several inferior courts of the Kingdom in such manner as the Legislature may from time to time indicate. Article 86. The Chief Justice of the Supreme Court shall be the Chancellor of the Kingdom; he shall be ex - off icio President of the House of Nobles in all cases of impeachment, unless when impeached himself; and exercise such jurisdiction in equity or other cases as the law may confer upon him, his decisions being subject, however, to the revision of the Supreme Court, on appeal. Article 87. The decisions of the Supreme Court, when made by a majority of the Justices thereof, shall be final and conclusive upon all parties. Article 88. The King, His Ministers, the Governors, and each branch of the Legislature shall have authority to require the opinions of the Justices of the Supreme Court, upon important questions of law, and upon solemn occasions. Article 89. The King, by and with the advice of His Privy Council, appoints the Justices of the Supreme Court, and all other Judges of Courts of Record; their salaries are fixed by law. Article 90. The Governors, by and with the advice of the Justices of the Supreme Court, shall appoint the District Justices of their respective islands. Article 91. In order that the people may not suffer from long continuance in place of any District Justice, who shall fail of discharging the important duties of his office with ability and fidelity, all commissions of District Justices shall expire and become void in the term of two years from their respective dates; and upon the expiration of any commission the same shall be renewed, or another person appointed, as shall most conduce to the well-being of the Kingdom. Provided always, that District justices shall be subject to removal at any time by the Circuit Court of their respective islands, for causes particularly assigned by the Judges of said Court in rendering their judgment. But no District Justice shall be removed until he shall have notice of the charges made against him and an opportunity of being heard in his defense. Article 92. No Judge or Magistrate can sit alone on an appeal or new trial, in any case on which he may have given a previous judgment. Article 93. It shall be the duty of the Chief Justice to make an annual report, through the Minister of the Interior, to the Legislature, of the state of the Judiciary of the Kingdom in all its branches. Article 94. The King, after approving this Constitution, shall take the following oath: I solemnly Swear, in the presence of Almighty God, to maintain the Constitution of the Kingdom whole and inviolate, and to govern in conformity with that and and the laws. Article 95. The Kuhina Nui shall take the same oath; and when exercising the Executive Power, during a minority, he shall take the following oath: I solemnly swear, in the presence of Almighty God, to preserve the rights of the Heir to the Crown, and the Constitution whole and inviolate, and to govern in conformity with that and the law. Article 96. Every member of the House of Nobles shall take the following oath: I solemnly swear in the presence of Almighty God, that I will loyally support the Constitution and Laws of the Hawaiian Islands, and conscientiously and impartially discharge my duty as a member of this House. Article 97. Every member of the House of Representatives shall take the following oath: I most solemnly swear in the presence of Almighty God, that I will faithfully support the Constitution and Laws of the Hawaiian Islands and conscientiously and impartially discharge my duties, as a Representative of the people. GENERAL PROVISIONS Article 98. No personal shall ever hold a seat in the Legislature, orany office of honor, trust, or profit under the Government of the Hawaiian Islands, who shall in due course of law, have x been convicted of theft, bribery, perjury, forgery, embezzlement, or other high crime or misdemeanor. Article 99. No officer of this Government shall hold any office, or receive any pension or salary, from any other government, or power whatever. Article 100. The Legislature votes the appropriations for the year, after due consideration of the revenue and expenditure of the year preceding, and of the estimates of the revenue and expenditure for the current year, which shall be submitted to them by the Minister of Finance; all which accounts shall be appended to the Bill of Appropriations and published annually. Article 101. The enacting style in making and passing all Acts and Laws, shall be:DD "Be it enacted by the King, the Nobles and the Representatives of the Hawaiian Islands in Legislative Council assembled." Article 102. To avoid improper influences which may result from intermixing in one and the same Act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title. Article 103. All laws now in force in this Kingdom, shall continue and remain in full effect, until altered or repealed by the Legislature; such parts only excepted as are repugnant to this Constitution. All laws now enacted, or that may hereafter be enacted, contrary to this Constitution, shall be null and void. Article 104. This Constitution shall be in force from the first Monday of December in the year one thousand eight hundred and fifty-two; but that there may be no failure of justice, or danger to the Kingdom, from any change, all officers of this Kingdom, at the time this Constitution shall take effect, shall have, hold, and exercise all the powers to them granted, until other persons shall be appointed in their stead; and all courts of the law shall proceed in the execution of the business of their respective departments; and all executive and legislative officers, bodies and powers, shall continue in full force, in the enjoyment and exercise of their trusts, employments and authority, until new appointments or elections shall take place under this Constitution. MODE OF AMENDING THE CONSTITUTION. Article 105. Any amendment or amendments to this Constitution may be proposed in either branch of the Legislature, and if the same shall be agreed to by a majority of the members of each House, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the next Legislature; which proposed amendment or amendments shall be published for three months previous to the election of the next House of Representatives; and if, in the next Legislature, such proposed amendment or amendments, shall be agreed to by two-thirds of all the members of each house, and be approved by the King, such amendment or amendments shall become part of the Constitution of this Kingdom. KAMEHAiv1EHA. Keoni Ana Reference 107 STAT. 1510 PUBLIC LAW '103-150 NOV. 23, 1993 [S.J. Res. 191 acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the overthrow of the Kingdom of Hawaii. Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion; Whereas a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha I, the first King of Hawaii; Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887; Whereas the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850; Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non -Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii; Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the lolani Palace to intimidate Queen Liliuokalani and her Government; Whereas, on the afternoon of January 17, 1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government; Whereas the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian Public Law 103-150 103d Congress Joint Resolution PUBLIC LAMP( 103-150-11\tOV. 23, 1993 107 STAT. 1511 people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law; �P/hereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government: "I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this King- dom. "That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed at Honolulu and declared that he would support the Provisional Government. "Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.". Done at Honolulu this 17th day of January, A.D, 1893.; Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms; Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States; Whereas the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority were responsible for the change in government; Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission; Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown; Whereas President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy; Whereas the Provisional Government protested President Cleve- land's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States; Whereas the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred 107 STAT. 1512 PUBLIC LAW 103-150—NOV. 23, 1993 to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy; Whereas the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27, 1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii; Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation; Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii; Whereas, on January 24, 1895, while imprisoned in lolani Palace, Queen Liliuokalani was forced by representatives of the republic of Hawaii to officially abdicate her throne; Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland; Whereas, on July 7,1898, as a consequence of the Spanish-American War, President McKinley signed the New lands Joint Resolution that provided for the annexation of Hawaii; Whereas, through the Newlands Resolution, the self -declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States; Whereas the Republic of Hawaii also ceded 1,800,000 acres of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government; Whereas the Congress, through the New -lands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States; Whereas the New lands Resolution also specified that treaties exist- ing between Hawaii and foreign nations were to immediately cease and be replaced by United States treaties with such nations; Whereas the New lands Resolution effected the transaction between the Republic of Hawaii and the United States Government; Whereas the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum; Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States; Whereas, on August 21, 1959, Hawaii became the 50th State of the United States; Whereas the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land; Whereas the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people; Whereas the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own PUBLIC LAW 103-150—NOV. 23, 1993 107 STAT. 1513 spiritual and traditional beliefs, customs, practices, language, and social institutions; Whereas, in order to promote racial harmony and cultural under- standing, the Legislature of the State of Hawaii has determined that the year 1993 should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies; Whereas the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a pubUc apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and Whereas it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ACKNOWLEDGMENT AND APOLOGY. The Congress— (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people; (2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians; (3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self- determination; (4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and (5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people. SEC. 2. DEFINmONS. As used in this Joint Resolution, the term "Native Hawaiian" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii. 107 STAT. 1514 PUBLIC LAW 103-150—NOV. 23, 1993 SEC. 3. DISCLAIMER. Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States. Approved November 23, 1993. LEGISLATIVE HISTORY—S.J. Res. 19: SENATE REPORTS: No. 103-126 (Comm. on Indian Affairs). NO TREATY OF ANNEXATION On January 17, 2013 a hearing was held in a foreclosure case, Bank of Hawai'i v. Keli'iho'omalu, in the Circuit Court of Second Circuit in Wailuku, Island of Maui. In their motion, the Keli'iho'omalus provided clear evidence of an illegal occupation by the United States and that without a treaty of annexation, the State of Hawai'i government and it: courts are illegal. The Keli'iho'malus argued, "This Court cannot claim the Circuit Court of the Second Circuit has subject matter jurisdiction in light of the evidence to the contrary, and if this court disregards the evidence it will be in direct violation of Article 147 of the 1949 Geneva Convention, IV, by willfully depriving the Defendants a fair and regular trial, which is a grave breach and a war crime." Attorney Dexter Kaiama provided special appearance for the Keli'iho'omalus at the hearing. In addition to the evidence already submitted, Kaiama read into the record a "Declaration of Leland Pa," a Hawai'i County police officer that inquired into war crimes committed by Hawaii Island Circuit Court Judges Greg Nakamura and Glen S. Hara, and District Court Judge Barbara Takase. The complaints were filed by Kaiama with the U.S. Pacific Command and the Office of the United Nations High Commissioner for Human Rights in Geneva, Switzerland, and alleged these judges deprived his clients of their right to a fair and regular trial during occupation, being a war crime under the 1949 Geneva Convention, IV. The basis of the complaints were the 1893 Lili'uokalani assignment and the Restoration Agreement, being international compacts, the 1907 Hague Convention, IV, and the 1949 Geneva Convention, IV, and U.S. Army Field Manual 27-10. According to the declaration, Pa initiated the inquiry in September 2012 as part of his "duty to identify potentially serious law enforcement and government problems" after obtaining "copies of war crime complaints from the Law Office of Dexter K. Kaiama." He stated he began the inquiry to see how he would be affected as a police officer and "if it would pose potential problems for law enforcement and government officials." At 10:30 p.m., November 6, 2012, Pa called the "Office of the United Nations High Commissioner for Human Rights, Human Rights Council Branch -Complaint Procedure Unit, United Nations Office at Geneva" and that a spokesperson confirmed they are in receipt of the complaints but could not provide any more assistance. Pa stated the spokesperson recommended that he "contact U.S. departments that deal with war crime complaints." On November 8, 2012, at 9:30 a.m., Pa called the headquarters of the U.S. Pacific Command at Camp Smith, Island of Oahu, and spoke with Ronald Winfrey, Principal Deputy Staff Judge Advocate. Pa informed Winfrey of his concerns and how these complaints could affect his duties as a police officer. When asked about the complaints from Kaiama, Winfrey stated "he knows those complaints because out of all the complaints he has read those are the most precise and clear." Pa stated that as he "began discussing the basis of the complaints such as no treaty of annexation, Mr. Winfrey candidly and without hesitation said, 'Oh yes, there is no treaty."' According to Pa, Winfrey attempted to ease Pa's concerns about the implications of war crimes by stating that U.S. Courts will not hear these cases because they would be dismissed for lack of jurisdiction. Pa then asked Winfrey to respond to his questions. "Since there is no treaty, can the unresolved issues of the executive agreements and Hawaii's occupation get resolved by a U.S. Court in the future?" Winfrey "stated that is possible." "If a U.S. Court should find in favor of plaintiff's claim regarding the executive agreements and HawaiTs occupation, then the prosecution of said War Crimes would come into play?" Winfrey "stated that is possible." "Since there is no treaty, the plaintiff does not need a U.S. court ruling? The Plaintiff could get these issues resolved in an International venue and then prosecution of war crimes would come into play?" Winfrey "stated that is possible." Pa informed Winfrey that as a police officer he swore "an oath to uphold the laws and constitution of the United States. Article 6, clause 2 of the U.S. constitution declares that treaties, which includes executive agreements, are the supreme law of the land. Because there is no treaty of annexation we are faced with a difficult situation, which needs clarification and I find it necessary to notify my superiors." Pa's telephone conversation with Winfrey took place before the Hawaiian Kingdom acceded to the International Criminal Court (ICC) on December 10, 2012 and beginning on March 4, 2013 the [CC can begin the investigation of war crimes committed within Hawaiian territory. After March 4, 2013, the U.S. Pacific Command will also be subject to investigation and prosecution by the [CC. Reference the Treaty of 1897 of June 16, 1897 was never ratified by the United States Senate and therefore never became a treaty. Article VII of that treaty required that the United States ratify the draft treaty under the terms provided by Article II of the United States Constitution — by a two-thirds majority of the senators present. It is fact that the United States never fulfilled the requirements of Article II and never ratified the treaty. The Treaty never even came up for a vote in the United States Senate. Professor William Adam Russ, Jr., in his two-part work on the overthrow and annexation, in the second volume, William Adam Russ, Jr., The Hawaiian Republic (1894-98) (1962 Susquehanna Press) devotes an entire chapter to the failure of the treaty — see Chapter Five of his book "Failure of the treaty of 1897" consisting of some 50 pages. the descendants of the Hawaiian Kingdom are the sole kuleana holders of the properties described above. As the kuleana holder, the descendants of the Heirs to the Monarch hold exclusive rights to exercise its authority over the subject properties as governed under Kamehameha III 1850 self-executing Ratified Treaty with the United States of AmericasjPUnder said authority, the Kingdom of the Hawaiian Islands has NOT granted permission for use of the subject properties, in whole or in part, to you or any organization you are affiliated with. You and any other parties or groups you represent or are otherwise affiliated with are therefore trespassing on CROWN lands. Whenever any person shall die intestate, within this Kingdom, his property both real and personal, of every kind and description, shall descend to and be divided among his heirs, as hereinafter prescribed, according to Hawaiian Civil Codes 1859; Descent of Property, Section 1447. It shall not be requisite that the intestate shall have been in actual possession of the property; it is sufficient if he had a good claim to it at the time of his death, according to Hawaiian Civil Codes 1859; Miscellaneous Laws, Section 1461. If the intestate leaves no kindred, his estate shall escheat to the Hawaiian Government, according to Hawaiian Civil Codes 1859; Miscellaneous Laws, Section 1451. The United States, State of Hawaii, County of Kauai Agents and Agencies own Oath to uphold U.S. Constitution, Laws and Treaties, makes them legally LIABLE through 42 USC §1983 for VIOLATIONS of the 1949 Geneva IV, 1907 Hague Conventions IV, USC 5 §1331, USC 18 §956, §957, §1623, §1651, §1652, §1653, §1660, §1661, §1091, §2441, §1654, Article 1 §8 and Article 6 §2 of the United States Constitution that are being committed here in the Hawaiian Islands / Sandwich Islands by use of: 1) (TMK) Tax Map Key Numbers to identify Location 2) (TMK) Tax Map Key Numbers to determine Title 3) (TMK) Tax Map Key Numbers to collect Taxes 4) (TMK) Tax Map Key Numbers to retain Jurisdiction over Internationally Protected Persons and Internationally Protected Property 5) (TMK) Tax Map Key Numbers to Pillage, Destruct, and Appropriate Protected Persons and Private Real Property not needed by Military Necessity 6) (TMK) Tax Map Key Numbers to authorize the carrying of deadly weapons such as Small Arms and Light Weapons. Therefore, committing the act of PILLAGING, DESTRUCTION AND APPROPRIATION under Rules of War 1949 Geneva IV under 18 U.S. CODE §2441 and Violating his Majesty the King of the Hawaiian Islands Kamehameha III 1850 self executing ratified Treaty with the United States of America under U.S. Constitution Article 1 §8 and under U.S. Constitution Article 6 §2. Agents and Agencies mentioned above must comply and are subject to Kamehameha III Treaty, Constitution, Laws, Civil and Penal Codes of the Hawaiian Islands once within three miles from the low water mark near the shore of the Hawaiian Islands. Hawaii State Law TRADITIONAL AND CUSTOMARY RIGHTS Section 7. The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. [Add Const Con 1978 and election Nov 7, 1978] Cultural & Historic Resource Protection (State Level) Historic Preservation Law (Chapter 6E, Hawaii Revised Statutes) Chapter 6E of the Hawaii Revised Statutes is the State's overarching historic preservation law. It establishes a statewide process for historic preservation review, a Historic Places Review Board, and five Burial Councils. The Historic Places Review Board approves nominations of historic properties to the Hawaii Register of Historic Places and recommends nominations to the National Register of Historic Places. The Burial Councils approve proposals to relocate or preserve in place previously identified kanaka maoli (Native Hawaiian) burials over 50 years old. Administrative Rules for the State Historic Preservation Division Chapters 13-197 through 13-198, 13-275 through 13-284, and 13-300 of the Hawaii Administrative Rules help put into effect the State's historic preservation law. These administrative rules establish detailed processes and requirements for the following topics: • Hawaii and National Registers of Historic Places • Historic preservation review • Archaeological reports and studies • Burial sites and human remains State Historic Preservation Division The State Historic Preservation Division is the department that administers the State's historic preservation law (Chapter 6E, Hawaii Revised Statutes) and related administrative rules. This department also operates under the requirements of the National Historic Preservation Act (a federal law). Key duties of this department include: • Reviewing federal, State, and County actions that may affect historic and archaeological properties; • Reviewing private development projects that may affect historic and archaeological properties; • Maintaining a statewide survey to identify and evaluate historic and cultural sites; • Providing staff support for the Historic Places Review Board; and • Providing staff support for the Hawaii, Maui/Lanai, Molokai, Oahu, and Kauai/Niihau Burial Councils. There are three main branches of the State Historic Preservation Division: 1. Archaeology • Requests, reviews, and approves archaeological reports and studies • Reviews project proposals that involve excavation or ground disturbances (grading and grubbing permits) 2. Architecture • Reviews project proposals that involve historic buildings (building permits, Special Management Area applications, historic district permits etc.) • Provides staff support to the Historic Places Review Board 3. History and Culture • Manages the department's burial sites program • Provides staff support to the Burial Councils Page 2 of 2 Additional Preservation Laws at the State Level Chapter 6E, Hawaii Revised Statutes is not the only State law that deals with historic and cultural resources. Additional State laws that consider historic and cultural resources include: • Caves Protection Act (Chapter 6D, Hawaii Revised Statutes); • Coastal Zone Management Act (Chapter 205A, Hawaii Revised Statutes); and • Hawaii Environmental Protection Act (Chapter 343, Hawaii Revised Statutes). Additional Resources If you want more information about the State Historic Preservation Division, please visit their website at: As a Cultural Practicioner given the kuleana to bridge the the gap between A6 and Po I have witnessed many things manawa (past, present, future) in one. I will share my mana'o on each Ahupua'a that I pili to. Just know that I can tie myself to every Ahupua'a through Hawaii due to the iwi Kupuna that have kanu planted themselves there. Restoration of the Ahupua'a is in order. To protect and preserve these systems. Our Kupuna have kanu planted themselves in the ground to nourish the next generations! We neglect that due to our weather mindset. No more are we neglecting our ancestors. No more are we allowing desecration of these lands, it's minerals, our rights, our Kupuna of past their bones, the pohaku stones, our wai water, Ka'u ocean and everything surrounding it. Kaua'i is the piko; the third eye. Hawaii is the heart of the works and we are it's vessels. We must rid ourselves of fear and greed. So, we may prosper. In an Ahupua'a one family did not solely make a decision on behalf of that Ahupua'a let alone a Moku district. There are protocols and from what I've witnessed is- not one person the state chooses to speak on culture has the spiritual connection Mana to make a decision in whole. These people get educated through books and people. We through our ancient ancestors learn through observation. Learn through vision and guidance. With today's modern technology there should be no need to take. We the people of these lands worked around the `aina not the `aina work around us. Wai wai collective our waters are an imprint of our past memories. It is being sold left and right. Without authorization by its people; the true heirs of the Hawaiian Kingdom. The power of the people is the piko. The piko is our `aina. The Hawaiin Kingdom is alive and well through the koko blood that many of us carry. We will never go away. God will take care of the seen and unseen. It is our due diligence to know better do better. Nualolo- our world travel. Our Malama MAKANUI 'Ghana have been in here since the arrival of po'e kanaka people of these lands. Growing up we spent summers here and never had a problem. All of a sudden the state gives stewardship to Malama'Ohana whom fails to understand the true meaning of this place. The boundaries of ones kuleana. You are not permitted to go into Nualolo Kai it is Kapu off limits. Nualolo `aina has barriers that have been breached by outsiders. Bones exposed, the state's neglect is in plain site. Overgrowth of invasive. Our reefs once abundant is now almost depleted just like the land above. With little to know water which you'll find an ongoing problem in each Ahupua'a. Presently due to COVID there's a decrease in traffic. I believe the goal of restoration lay within the limitation of people. Na Pali in whole is not a tourist destination. Only families `Ghana (iwi Kupuna lineal descendant) should be allowed to choose and be able to invite. The state and federal has no jurisdiction! There are many of bones and artifacts that fall under protection. My uncle was the last care taker of this place whom died in 2020. He is the brother of my grandfather. When he died my great great great grandfather came to me and explained the issues going on in this place from here to Honopu all the way to Panini in Waimea we are caretakers. No one can tell a person what their kuleana is. It is given. Kalalau- This place is where the Kahuna trained; started. Graduated. It is a very significant Ahupua'a for leadership by burning the homes and kicking our people out. The provisional government had taken our Kahuna class out of commission. All because a jealous loves struck sheriff who didn't want to take no for an answer. Story is shared above. My connection to kuleana this place counter clockwise all the way to Haupu up to Kawaikini down ti Makaweli into Waimea is- Roslyn- Kauaiki- Willy Yadao- Great uncles Waikaka and Kanakanui- William Nuiaola Waikaka Kualu- Waikaka and Kikaha and I can go back on this line 4800 years. Today, the Heiau are destroyed. Our trails destroyed. House sites burial grounds destroyed. A few I have found can be restored. Hikers go in there and squat on our housites. Near our birthing stones. Next to our burial mounds. Put whiles in our pohaku to perform rituals. Make a hot mess in there. I got cited this summer for being in there because according to the state it is closed. I have video evidence that we stated who we are and where we come from laws created by the state and federal government these DLNR enforcements took an oath to uphold. I had my Geneaology which I stated. I stated why we were in there for cultural religious practice and they still cited our people. The state has no jurisdiction! This is a lawsuit against the state. Hanakapiai- The valley of wa'a builders. How do I know? The amount of lauhala. The spiritual connection I have to this place. So, recently there was a project called- Hanakapia! bridge. I was at a planning department meeting back in December and specifically said on behalf of our Kupuna of past we can no longer enable and be enabled. I went to speak about the coming issues we have here today. You see Manawa past, present, future in one. One of the examples I used is the bridge at loop road even if it wasn't the same enigineer, same bridge, I went on to explain the same issue- maintenance! Far too often the county and state push the maintenance on each other and nothing really gets done so now we have a broken closed bridge. Hanakapiai is ancient along with Na Pali along with Kaua'i. So far from what I picked up on, I saw a Wahine by the name of Walea and her Kane Namea living there. They are the patents of none other then NanaNu'u Nu'u of the great flood. In the second wave of our kind. That pohaku along with 2-3 more? That specific one that construction workers stopped working on which I have video evidence of was once a Wahine and her Kane sits on her. They lived in the past and their souls are in those rocks of which the state deliberately desecrated. Why deliberately? Why such a rush? Why during COVID-19? Why was it approved. So, now the rocks can't be placed back. On the opposite side where it was clearly marked to break down. That's a prayer temple; an alter high that goes top to bottom. Yet, people didn't know this. Why? Because we are people of oral tradition and we didn't write or share everything. Make matters worse, there's po'e kanaka not from here on the project that has no idea what this place is about. They are simply doing their job which to me the consequences of their actions fall on their leaders and those who pushed for such a project. I asked them specifically who blesse this project? The reply was- a worker from Molokai. Obviously not the right person and one is- they would've known that pohaku has Mana life force in it. Then, I asked where's the archeologists? The reply was- they left for the day. I simply walked exchanged Ha and prayed at the alter and then, went across to see and feel the desecration. Kahea our ancestors through 'lo will and asked 'lo to remove the lepo, the pilikia, the hewa. We are now in there with our children doing what our birthright permits us to do. Saturday the helicopter came over taking video and picture of so called evidence of which I do not give authority to. Especially not our keiki children. That is harassment. Sunday a man working for DLNR was told to check on us. Wednesday a man in camouflage came in and recorded again! A'ole Pilikia. This is our home, means everything to us. Our children's teaching come from the 'aina again, WE THE VOICES BEHIND THE FACE OF OUR HAWAIIAN NATION, OF THIS HAWAIIAN RACE RISE FOR JUSTICE THE DAY HAS COME FOR ALL OUR PEOPLE TO STAND AS ONE. E ala e End of the alimihi ways! Ke'e- the house site of Lohiau. It is now known as a tourist destination. In ancient history people from all over would travel by wa'a canoe to watch the ancient art of hula. The temple is there in plain site. It was marked by a Kahu by the name of Kekahuna whose lineal descendant is the head of DLNR Department here on Kaua'i by the name of Kipi Akana. Kekahuna makes out the sites throughout Kaua'i yet, because he does not tie to every kuleana and every area. He didn't map out all. To me, we put in positions by 'lo to make right our wrongs. To make sure we put gods will above the will of man and Ke'e is a prime example of how we the people fail. They removed a bird man with a feather cape back in 1998. So, today the same area washes out every time. Coincidence? No. There were bones found in the parking lot of which people decided to move. Again, desecration. These reports should be made public and it is not. Who are the cultural practitioners? What are their qualifications? Who is in charge of the removal of bones? Where did they go. This issue is ongoing through Kaua'i throughout Hawai'i. There are bones everywhere. Makua is where I saw Lono and he taught me how to harness the elements. To Kahea the aumakua. La'au Lapa'au. Lono am ancient ancestor sat there by its steam. Here I practice a family tradition known to a few as- wash feet before entering 'lo temple. Wash feet before exiting. That's how I know who is who cause if you know, you know. The wet cave has Gary sediment that the state did not take care of. These caves connect us to Maui and beyond. Just something I learned from Kupuna. *many places throughout Hawaii Wainiha- a once large school of teachings. We have Naue which is an actual move only found here on Kauai used to shift the earth. There are many, many bones of our Kupuna in this area. That has yet again been removed. For construction of many house sites of the rich and famous to the middle class to the not so low class. Lots of Pilikia in this ancient place are frequented by our ancient ancestors the Mu, the Wao, and the menehune. Kualu although he was born in Niihau raised in Waimea. He raised his family in Makaweli and had a home in Wainiha and his kuleana was to keep the souls of our ancestors; the ancient ones in check, at bay, in the light. He has about 9 parcels from Naue to the valley of Wainiha. All stolen by none other than ROBINSON. As you take the bend heading back into Hanalei there's a path for what modern day people call "night marchers" I call them "navigators" on a certain moon at a certain hour will take the path up and down from mountain to ocean and ocean to mountain. Another trail is located just past the bridge exiting Wainiha into Hanalei around the other bend. Where iwi are at rest. This valley is now a hot mess of our own people's doing. Taking apart ancient terraces. For money, auwe. There are a few Heiau that have been dismantled again, must be restored. I can trace my Genealogy here and the strongest tie td this area is Kualunuipaukumokumoku and Ola. On my recently there I witnessed sample taking with machinery and when I specifically said no going past the biggest line. They was already there as I look deep into a whole where they hit the water table cultural practitioner archeologists wouldn't give her name and stated she wasn't from here. Construction for a community center of which the community voted on having. In a place known to be frequented by tsunami waves. A place where during emergencies they will gather. 'lo spoke and said- the place is sanctioned and not many is permitted behind the tree line. After this incident, I was there recently. There are pohaku gone. Trees cut. Nobody listen. I feel like the words of Spirit and our Kupuna of past fall on deaf ears. Maybe I speaking to the wrong people? Which is why this Memo is for the Head. Only a select few could live in this place because of specific kuleana. There are a lot of illegal sale of title transfers in this place. At one point it had its separate kingdom. Under its own ruling. My other lineages to this place are- Kaianui, Nika, Kekoliliu, Waioiao, Poka, Muolehua the last Chiefess of b'lainiha. I have an unbroken line traced to her. Waipa- The recent construction of both bridges has ruined the ecosystem. Why? The retaining walls built in none other than a stream that no longer flows freely and steadily which feeds into the ocean and creates breakish water for the fish to spawn. No fish spawning, no new production. Depletion of our food source. Interconnected to our reef due to runoff. Stop hiring engineers foreign to our 'aina. Ahupua'a is key. Right out of the bay known as waikoko I believe don't quote me on it. Is an area known to be frequented by the Mano. That's because we used to raise the pups within the inner bay. This must be restored! Waia falls under Queen Ruta which was taken by foreign entity known as Bishop Estate created to protect Wahl Pana sacred sites and used for money laundering. I believe Kamehameha schools lease it holds an unclear title to the land in this area for school use. Which is great they are educating children. Money should never be a driving fact it is not part of our culture to do things based on money. An economic foundation should be established with `aina in mind and obviously the most important part is the wai which is currently being neglected. My lineal tie yo this place is my ancestor Makanui who inherited land stolen by foreigners "illegally" from his parents who are lineal descendant of Kaumuali'i and all the ali'i lines throughout Polynesia his name is Nawai Makanui, Makanui, Kahaku. He had a wa'a made out of koa called Malama or Maraea after Hina. He paddles that wa'a with the missionaries from Waimea to Waioli and commissioned the Hawaiians to build the first hale there for them. Above the dry land area of Makanui is a Heiau originally dedicated to Kuwahailo none other then Pele's father the dragon our ancient ancestor. Also, to Pua a Kupua ancient ancestor whose from Molokai. Kamehameha would pray to them often. It got rededicated to Kapihe the prophet who prophecised the arrival of missionaries and this very time. Waipa in history had so many die due to starvation and disease let history not repeat. Waioli- Where do I start? In the ancient times we'd gather here. It is known as the land of high counsel. Ali'i from all over came here for its beauty. Greater than its beauty is it's wai water. The water of this land is known to heal the heart. Beware that what you put into this land you get back. That is why many die of blood related issues. Just like the heart it needs it's vessels. Put poison. You poison your own blood. That's the simple concept of life. Everything around us is living and breathing. A place which brings happiness only brings filth. Too much pilau in Hanalei. Waioli is known as it's the place where water flows directly out of the Mauna into our food table. Kalo lo'i. I have reclaimed ancestral lands in here of which one deed states `Waioli north" water rights because my ancestors descend from one other then Kawelo, Kaaloapiilani, Mu'olehua, Kalaniopu'u and all the monarchy that connected in this area; gathered. My great grandfather Kaaloa was the Kanawai in this area he was in charge of the private road ways and water rights on Kauai. itily great grandmother inherited these lands of which many foreigners have yet again hold unclear titles. Today, I have two yellow gates blocking my access and have contacted the county and state numerous times and got taken on a wild goose chase only to find out that the key is held by "private land owners" the title company told me to create a warranty deed. How is it that everything after our illegal overthrow, illegal occupation these people have the right to our land? The land of which we have been on from the beginning of human arrival in Hawaii. Our birthright gives us rights to the water. Rights of free acces. The gates gotta go. If not, a key must be given and access in control through lineal descendants of clear title holders. Plain and simple. Too much building. Too much traffic in such a precious place. Protect it. Preserve it. Not sell it for profits! A'ole Pilikia. I see the Kobayashi family acquire acreage of land. As a judge you'd think that since a requirement by law is to know the act of the great Mahele he'd know the truth and oath he took yet, have no problems with buying and selling not only our Land, our water rights as well. When you look to the right facing the mountain you'll see parcels roughly 200 acres of which KIUC holds access to like a joint business affair completely illegal. Then, the millions dollar contract to widen the river and pave a road to the back of that valley without anyone's authorization and approval because these guys have no rights to make these decisions, the decision of the people. It is time for the 'Ohana of Waioli to return and our children to plant kanu Kalo for feed their opu and nourish our people. We can rid our children of disease. Fear of not having enough. Worry cause there isn't food. Waioli sling with the rest of the 'aina is for our keiki, our Kupuna, our Kane, our Wahine, and the next generations. Hanalei - A once prominent land now, to this day diverted for a buffalo sanctuary. With the title that was given after the 1893 illegal occupation. Then you have, Hermina 'Mina' Morita an adviser for the Hawaii State House Committee on Finance. She is the former chair of the Public Utilities Commission of the State of Hawaii. Who retired. Divert an entire river for her land. Farmers are witnesses. Causing further flooding so, current flood damage should be paid for by these people, the state and federal government along with the county of Kaua'i for illegal sale of these lands and illegal approval of the desecration of these lands. There are lineal descendant heirs to these lands that are either illegally selling their share or being bullied by leaseholders and stake holders. Also, the so called sanctuary created by none other then the Wilcox family whom has no clear title to that particular land cause I've studied all their deeds. This place is filled with foreign hands and can no longer be tolerated. Kids are getting ear infections. People getting sepsis and blaming the pua'a pigs but, it really is the developers. The state. The greedy people who push for production of tourism. Tours going up and down the river. Restraints. Restrooms all seeping into the ground and going into not only our river also, our ocean. We must protect and preserve this place from illegal activity under our laws. The laws of the land! Evidence is in the amount of people who get sick, it's in the ocean and water. Proof- Albert Wilcox seed 1904 Princeville - Also known as either Puu'koa or I call it po'o Ku. One of the most important Heiau for our people called Po'o Ku William Kualu would practice here. I go here as often as I can yet, there is a fence. Which blocks access. Po'o Ku is an alignment Heiau a large Heiau that extends towards the bottom of the valley up towards the bluff roughly over 200 acres. We trained here. There are about 10 unclear titles held on this Heiau. One of which reads Heiau buffer. The entire Ahupua'a deed is unclear the tire was created after again the illegal occupation. No building should take place without kingdom approval. The valley between Hanalei and princeville is being used as a waste management area. Who allows a waste management system to be placed in marshlands? Near a fishpond..... the entire coast there is filled with luxury vacation rentals. Expensive real estate. Golf course. All the way up from the ocean to the mountain there is so much illegal activity. Princeville ranch of which the state lease land then, sold?! Running tours through places they claim is theirs and the lineal descendants of sugar barons. Rich billionaire developers Racketeer Influenced and Corrupt Organizations Act. Right here in this Ahupua'a. No protection of our people which I'm calling you out to protect not only our people, the people also, our'aina it's resources. Kalihikai- Soon to be highly developed which I disapprove. There's an area where the wash off comes out it is now known as desolate from the bend coming down heading towards the popular camp site Anini. There's an area of run off which also happens to have iwi Kupuna in it. They tell me that soon there's gonna be more damage and I think to myself how much more damage can be done to an already desolate land. The reef outside of this area is also desolate. Surfers daily enjoy the waves. I wonder how they would enjoy more pollution in our oceans? People don't see things till it's too late. Anini is known for its fishing just above this area we would travel to and from. It was a highly trafficked area by our ancestors. Aarona Kealiiahonua has the land title for this entire Ahupua'a. We, as in the Naumu descendants under our ancestors land claim as it states are- heirs to Kaumuali'i III. So, how is it these lands are still being sold all the way up to princeville airport, princeville ranch, and the surrounding areas. It is time to protect our once old fishing village along with our ancestors bones and artifacts. Kalihiwai- Known as the oldest settlement on Kauai. There's a lot to learn and study in this narrow and widened valley. One of the biggest issues I see here is the lack of and management and the albizia trees that stands taller then the bridge which needs repairing. Currently, there needs to be more po'e kanaka presence in this Ahupua'a. Kahili- A large tracts of land that was again, illegally sold. Of which my 'Ghana are buried on both sides of the dam breach. On the Makai side and Mauka side there is ali'i buried from well until the 1800's and as far back as the 12th century. There's a tract of land that belongs to my `Ohana the Kaianui lineage. That must be restored and protected. Currently, occupied with a bunch of trees planted right into their burial site! Moloa'a- The recent land dispute of Zuckerbeg. My ancestors name in this area is Nika and Makanui. Who are listed in clear title deeds. Nika comes from a long line of chiefs. This land was utilized for training of a"certain warrior class. Right now, not only are their land disputes over ownership but, also dispute over access. We did heavy prayers in this area. Along with ceremony and celebration on a known hula platform. Kawelo is tied to this area. Another spot for fishing and voyaging. Quit claim, quiet title is completely illegal and should not be continued. It must end here and now. I can also trace my lineage to Kawelo. There are 9 and I believe only 7 written about. How's about the small amount of land that DHHL manage in this are which is bring subleased by non po'e kanaka. Someone whom doesn't have blood quantum to the native Hawaiians of 1778. Corruption at its finest or the Waioli land that was leased?! All the farming here is being done in a way that has been impacted by foreigners. Anahola- Now, most of the land here is managed by DHHL through the Hawaiian Commission Act created in 1920. Originally stating 1/32 blood quantum now, 50% a recent settement made because of the mismanagement done by DHHL. In reality DHHL is an entity created as a middle person between the hawaiin people and the government. The federal government. Anahola was once abundant with water. It is also, known as a fishing village. DHHL swapped land in the area and area nearby with the Mcclusky family for land in Waikiki. Of which, didn't even belong to them. Who makes these decisions? Why? Unbehaun of who? Corruption. Where did all the water go? Why is it hard to access CROWN LAND? Kealia- Farmers are being flooded out or kicked out by foreign entities whom have our own people with their hands in it. By law, these farmers have rights. Being bullied and forced out is not a Pono way. It was settled by families in the time of the plantation and was a large area of farming. Till today the land can be utilized to farm. My husbands family on the Cummings side is from this area. Revenants of its old village still remain. No foreign trades of our lands should take place. Kapaa- The entire town is built on Marshland once home to our menehune people. It is being conceived as a town trafficked by both residents and tourists alike, probably the most high level of traffic throughout Kaua'i. When they built the Waipouli resort they excavated 'took out' large amount of bones that were well placed into the burial sites to build that resort. Bones of people who were roughly 9 ft. In height and some had their child propped on their lap. Placed in bags and out into a container later put into a small area to the side and buried scattered. Hewa on levels. The cultural practitioner is now deceased. Now, you have the same archeologists the state contract on job sites. Who can we trust?! Not only did this happen with the hotel there it happened with the bike path all the way into wailua. Shame on the State and County for allowing these things to happen. Wailua- a large settlement of our people lived here. Another area known as a Capitol. Ali'i from not Tahiti and Samoa settles here. There are many Heiau of all types. Some have been taken apart others remain hidden. A few are used as hotel fronts. We really did eveything in this Ahupua'a. One of the issues I came upon are- the bell stones. There were at least 3-5 main ones there together and they were either sold or taken. This has private land owners, state of Hawaii, a council member involved. When I mentioned this to Kaua'i DLNR enforcement agency it was said to speak to the Wichman. I found later one might be in their home. The other is in pieces which one is placed at Kaua'i museum. Who knows where the rest went? I found one picture of the developer known as Greg Alan who may have rolled it off the Pali above onto his property. This is a complete mockery because our last reigning chief Kaumuali'i was raised in this very area. Now, they use his homeland as a place for cattle to graze. Queen Deborah Kapule land as a drug lab. The hotel should've been removed and not sold over and over. To me the state and court approved these plans they are held reliable. A drug ring which will lead to the RICO. Racketeering laundry. The birthing stone is gone. Taken long ago which no one really noticed. The base of waialeale which is known as the wettest spot on earth has been over abused through water diverting and about 5 months ago that blasted underground tunnels to control water ways. At times pumping from the East water shed to the south shore. There's also a Hindu or Buddhist temple that should've never been sold using our own sacred grounds. That we held with high levels of respect. Again, the state and county are responsible for this. Any drought? The damages should be sought for by those effected and directed to the state, county, developers, and private lands owners. Unclear title holders. HanamaululLihue There is Wailua golf course and Wailua Beach resort. There is a Heiau that is highly Kapu strictly forbidden by outsiders to enter. It was used by our voyagers who come from Wailua falls area. The issue at hand in this place is the complete lack of regard to the cultural significance and the way the hotel, golf course, state, and private landowners miss manage this place! The run off is disturbing. Caught on video. Being drained right into our ocean. Known as the home of many mythology one in particular is Kawelo and Ahukiniala'a. Currently, it is said to be the highest area of bacteria levels in all of Kaua'i. Why is that? I believe do to the large land tract used for ranching and farming and heaven knows what else goes on behind those Grove Farm gates. Grove farm, an entity created by Steve Case, purchased large sums of land which have no clear title and recently sold about 2,000 acres to a Tennessee billionaire. Failed plans due to the way the water is being sold, used, and managed. This city is named by my great grandfather Kaikioewa the first governor of Kaua'i, a first cousin of Kamehameha. It was heavily used during the time of the plantation and ditch lines no longer in use are being neglected if not traded and sold. https://www.nytimes.com/1981/04/29/us/hawaiians-fight-to- save-pristine-area.htmi NawiliwililHuleia- Known for its wiliwili trees. All built upon. Marriott Kaua'i. Harbor Mall. The old lo'i terraces have no Kalo. The stream has high levels of bacteria. People frequent the area unaware of the Impact not to mention the new resort on the cliffside that was built over a Heiau and iwi of Kupuna that tended to the Heiau. A bay that has so much runoff the reef is dead. A harbor being used and maintained without the complete control of the Hawaiian kingdom. My Kupuna aina is under Nika. The history of this place is safeguarded by its families. My tutu kane used to Kahea up at now, Kaua'i highschool which was built on a Heiau. Hule'ia is a place known as Pele and Kamapua'a domain. My family knows this place as a place where our ancestors were lay to rest on the mountainside called Haupu where my Haupu family tended to stand tall surrounded by Rice who stole lands and divided families. The state currently is working on a sale of back taxes land to non other then the Tennessee billionaire while families are being squeezed out as their ancestors from about 150 years ago. How? Taxes. Collects ok the States behalf. How is it they have a wild life refuge without the use of the land which was once lived ok and nurtured tended to by our own people. Menehune fishpond Alekoko has been restored without the states help of their so called water protection. The waters flow heavily into the land below through the wide river and damages everything in it's path. A once well respected area being neglected. The largest amount of spring water is held from Hule'ia to the opposite side of the mountain as far out as the area where Sheraton Kaua'i sits. Making us lose and contaminate a large amount of spring water!!!! Pa'a- Kaianui is known as the Konohiki he is my great grandfather on my fathers side. Currently, Hyatt hotel it's adjacent golf course, CJM stables, the old Koloa mill and the new estate sit on. There are burial grounds along with a Heiau in this Ahupua'a. There are also a large amount of warrior bones iwi Kupuna in this ground. The Hyatt exposed and filled a large lava tube containing artifacts and bones. No one did anything about nor, did they document it. There is plans to develop this area like they did Kukuiula. I am here to say- NO MORE development or sales transfers of our land and all the real estate on these lands throughout Hawaii are no longer the property of those who hold unclear titles. Poipu- An entire area of resorts built over our access. Our Heiau, our lava tubes, our Kupuna Iwi. We have waste management system right next to a ton of iwi. Koloa landing which built their resort over known burial mounds. The archeologists stated no known knowledge when they clearly had a cultural practitioner explaining the significance. I had mentioned it time and time and no one even came forward to steward the Heiau or Ahu alter I should say that leads into the tubes. Which is now a relaxing place for tourists and locals alike. No one really knows the true history. This is not a part of our culture, our way. Large development of vacation rentals, second homes and shopping centers focused on tourists economy. No stability. No respect for culture and our lands with everything that ties to it. Kukuiula development developed on a leash marsh area wish washes out right into the harbor. The cultural practitioner involved there have no knowledge in ancient past history culture so they support projects which gets people injured the entire coastline is effected largely due to development. The only reversal is not allowing heavy occupation and further development in an area that is culturally sensitive to our ever growing problems as po'e kanaka. We carry the name Kualu which ties significantly to this area all the way to Waimea Makaweli. Kalaheo- Kaikioewa is listed as the Konohiki of this area. Most of this land was sold during the plantation era to McBryde a known lover of Palama. He swapped lands with many people in his time lands that were sold in the early 1900's making all the transactions other then the clear title holders null and void. Kaikioewa is my great grandfather. Our family ties to the ancient history stemming from Lonoikahaupu of the 16-17th century even further back to Kukona. Ola the time of the menehune which is why we carry the name KAUAIKI. It saddens me to see the largest Heiau establish for Lono be taken apart and turned into a golf course an area of enlightenment surrounded by greed. Wahiawa - A place known in history as a place of war and refugee. When Kaahumanu and Liholiho came they fight against George Humehume Kaumuali'i II and killed many of our chiefs and their families who fled into Hanapepe valley, Makaweli, Nualolo, Kalalau, Wainiha, and Moloaa. Kilauea area. Today they are using our rocks our Aina as a quarry. Kaua'i coffee sublease it's land to the seed companies for testing. The water that used to flow freely is poisoned by private land owners to kill or eradicate pigs so the people can't access their so called land. Heavy development for the west Kaua'i community and all that run off. McBryde claims water rights which we both know is a lie. The amount of desecration in this area is enough for a class action lawsuit. Hanapepe- My family here is called Naki my great great grandmother like me was a practicioner. She could do my many things. Spent most here time taking care of animals and people. She rode horse, spoke fluent olelo Hawai'i, did everything off the land. Right now, A&B claims access, The Killerman family claims water rights and Robinson somehow got the okay to puno water from Hanapepe into Makaweli ti prepare for military production. All of this effecting the families below. When the Makaweli water overflows it floods the pa'akai lo'i and the people in the park I have seen this myself. My family has lived in this valley for many generations connecting back to Molokai. In a place called Ko'ula. Families must return home. Native plants must be restored. Water must be cleaned and restored. Makaweli A place where my great grandparents William Nuiaola Waikaka Kualu and his Wahine Liawahine Nawahine Haupu raises their children. In a place called Manawai. Our family were ruling chiefs Kahuna class in this area. That had the right to roam throughout Kaua'i as they please. Why?! They were people of old. Kualu and Nawahine sheltered refugees and abused people in their time. This place is very sacred and respected by many. The waters are said to be the waters of Kane; life giving forces. When there's an overflow due to Robinson's diversions it goes directly into Salt pond. A water hydro system that was illegally created under whose authority? Makaweli has many stories that are kept hidden deep within the oli chants of kualu. Waimea The town it's self was once a fishpond right where captain cook monument sits. The Heiau that is now known as Russian fort was used from the time of Ola the chief of the menehune till our last ruling chief Kaumualii. The kikiaola ditch. The Waimea stone church next to the highschool. The Heiau by Waimea canyon school now recently built gym. The old plantation house that was built over a burial ground and tunnels which people used to steal artifact. The land of my Naumu ancestors from the pier all the way down to elepaio rd. in Kekaha. Lands our family kuleana stolen by the Faye family whom recently sold some land in an illegal transaction to the county of Kauai. Lands of which Kaumuali'i grandmother my ancestor lived on. Waimea is rich in history. Many old trails still exists when we traveled to the northshore from the west we utilize either Waimea or Makaweli to get into Wainiha. When we wanted to get into Kawaikini we used the trail from Waimea into Makaweli to the Heiau burial site of our ancient ancestors. Most of these lands have been acquired through quit claim; quiet title by Robinson. KekahalMana Many families that live either west or north cane out of Na Pali. Naumu land claims show the old wells and salt beds or salt pans I wish to restore. The land needs to be cleaned through its soil due to high levels of toxins in the ground and streams there was a recent settlement made. Most the occupied lands were sold in the time of the plantation after the illegal overthrow occupation of a foreign nation. Making all titles null and void. This is crown land. The mountains need us to kanu plant native trees in the high to low lands. Bring back our own agriculture sustainability after these lands get cleared. Hemp or sunflower is one of the only solutions I found to rehabilitate the soil. The state Agribusiness Development Corporation has been illegally polluting Kauai's ocean waters since 2015, according to a Tuesday ruling by U.S. District Judge Derrick Watson.The ruling, delivered in a federal lawsuit brought by three community groups against ADC for violating conditions of the Clean Water Act, requires ADC to obtain and comply with a National Pollutant Discharge Elimination System permit to monitor and limit pollution levels from the drainage ditches. Those who lease and sold land to these people should be paying for the rehabilitation and the waters of this area must be restored and protected! Mani was once large swamp marsh land teaming with wild life and later fishponds. The military along with the state and private landowners have ruined the ecosystem here for about 200 years since the 1820's. Polihale- As a child we'd spend our summers here and Nualolo the last care giver of this area was my great grandfather Nahinu Malama. We have iwi throughout this valley by the Heiau of Polihale. The story that was passed down was that the chief Polihale has a beautiful daughter who was being pursued by Ku and the Chief didn't allow the union so, Ku devoured the villagers. The Chief Polihale prayed to Kanaloa and Kane to help save his village. They came to his aid and the Heiau was dedicated to Kanaloa and Kane the first Heiau in all of Hawaii dedicated to Kane and Kanaloa. Poli is the bosom. The one that nurtures. Recently the state decided to close the access to Polihale indefinitely. My inquiry is- with all the history and bones of our ancestors how did they decide to make this decision on behalf of our people? How did these people give authority to the military to occupy our tunnel systems in the mountain. How was the decision made to plant grow whatever it is they planted in this area? Who illegally claims to own access to Polihale? Nualolo to Honopu- Our family has always been in Nualolo, Na Pali we are caretakers of the ancient ones from Honopu to Nualolo to Panini because we descend from them. The heiau walls are named malama. Nualolo has two sides; Nualolo aina and Nualolo kai. This place is known as the navigators international travel. It'll take you to many destinations. Due to its alignment. Their is a stewardship's program in that place that claims to kuleana the entire Na Pali and I challenge their authority over these places due to the practices and choices made upon individuals in that group. Who gave them the right to do so over lineal descendants of that place?! Our Aina can no longer be sold and bought by foreigners. No more desecration of our sacred sites and sacred spaces. No more pumping and diverting including poisoning of our waters. The restoration of the Ahupua'a systems are in order through 'lo will. The truth of the navigators. Hawaii is the forefront for the world to see that we can make it through these times. The Aina is our Makua. Our piko. Our strongest stand is on the 'aina. Rico The federal Racketeering Influenced and Corrupt Organizations (RICO) law was passed in 1970 as the "ultimate hit man" in mob prosecutions. Prior to RICO, prosecutors could only try mob - related crimes individually. Since different mobsters perpetrated each crime, the government could only prosecute individual criminals instead of shutting down an entire criminal organization. Today, the government rarely uses RICO against the Mafia. Instead, because the law is so broad, both governmental and civil parties use it against all sorts of enterprises, both legal and illegal. RICO allows for prosecution of all individuals involved in a corrupt organization. For mob prosecutions, that means that the government can go after top leadership as well as the hit men and capos. And RICO established much enhanced sentences, as well. John L. Smith described the impact of RICO in an article for the Las Vegas Review -Journal: After RICO, mob families began to crack under the very real threat that members and associates could be indicted en masse for a wide range of criminal activity.... [E]ven the strongest stand-up guy would have trouble fading the 20-year (and more) sentences that began accompanying RICO convictions." While RICO was originally aimed at the Mafia, over the past 37 years, prosecutors have used it to attack many forms of organized crime: street gangs, gang cartels, corrupt police departments and even politicians. Criminal RICO To violate RICO, a person must engage in a pattern of racketeering activity connected to an enterprise. The law defines 35 offenses as constituting racketeering, including gambling, murder, kidnapping, arson, drug dealing, bribery. Significantly, mail and wire fraud are included on the list. These crimes are known as "predicate" offenses. To charge under RICO, at least two predicate crimes within 10 years must have been committed through the enterprise. Note that an enterprise is required. This might be a crime family, a street gang or a drug cartel. But it may also be a corporation, a political party, or a managed care company. The enterprise just has to be a discrete entity; but an enterprise is not the same as an individual. Thus, a corporation may be the enterprise through which individuals commit crimes, but it can't be both an individual and the enterprise. The criminal RICO statute provides for prison terms of 20 years and severe financial penalties. The law also allows prosecutors to attach assets, so they can't be whisked out of the country before judgment. Civil RICO Even though RICO threatens very long prison terms for racketeers, the law's real power is its civil component. Anyone can bring a civil suit if they've been injured by a RICO violation, and if they win, receive treble damages. In the 1980s, civil lawyers attempted to fit many different claims inside of RICO, but in the 1990s the federal courts set up a number of hurdles for civil RICO claims. To succeed on a RICO claim, a plaintiff must show: Criminal Activity. You must show that the defendant committed one of the enumerated RICO crimes, which include the broad crimes of mail and wire fraud. If you bring a claim on a fraud basis, however, the court will apply strict scrutiny. Pattern of Criminal Activity. One crime is not enough. You have to show a pattern of at least two crimes. A pattern requires the crimes be related in some way —same victim, same methods, same participants —or continuous, meaning it was conducted over at least a year. Within the Statute of Limitations. The Supreme Court held that RICO has a four-year statute of limitations, which begins tolling from the time the victim discovers his or her damages. Genocide of our people Under international humanitarian law, which includes the law of occupation and the protection afforded civilians who are not engaged in war, denationalization is not only a war crime but is synonymous with the term genocide. Since the occupation of the Hawaiian Kingdom began during the Spanish-American Velar, the United States embarked on a deliberate campaign of forced denationalization in order to conceal the occupation and militarization of a neutral State. Denationalization, in its totality, is genocide. Prior to World War I, violations of international law did not include war crimes, or, in other words, crimes where individuals, as separate and distinct from the State or country, could be prosecuted and where found guilty be punished, which included the death penalty. The Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties (Commission on Responsibility) of the Paris Peace Conference of 1919 took up the matter of war crimes after World War 1 (1914-1918). The Commission identified 32 war crimes, one of which was ''attempts to denationalize the inhabitants of occupied territory." Although the 1907 Hague Convention, IV, did not specify the term "denationalization" as a war crime, the Commission on Responsibility relied on the preamble of the 1899 Hague Convention, 11, which states, "Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience." This preamble has been called the Martens clause, which was based on a declaration read by the Russian delegate, Professor von Martens, at the Hague Peace Conference in 1899. In October of 1943, the United States, the United Kingdom and the Soviet Union established the United Nations War Crimes Commission (Uf,lWCC). World War II had been waging since 1939, and atrocities committed by Germany, Italy and Japan drew the attention of the Allies to hold individuals responsible for the commission of war crimes. On December 2, 1943, the UNWCC adopted by resolution the list of war crimes that were drawn up by the Commission on Responsibility in 1919 with the addition of another war crime —indiscriminate mass arrests. The UNWCC was organized into three Committees: Committee 1 (facts and evidence), Committee 11 (enforcement), and Committee III (legal matters). Committee III was asked to draft a report expanding on the war crime of "denationalization" and its criminalization under international law. Committee III did not rely solely on the Martens clause as the Commission on Responsibility did in 1919, but rather used it as an aid to interpret the articles of the 1907 Hague Convention, IV. It, therefore, concluded that "attempts to denationalize the inhabitants of occupied territory" violated Article 43, where the occupying State must respect the laws of the occupied State; Article 46, where family honor and rights and individual life must be respected; and Article 56, where the property of institutions dedicated to education is protected. According to Professor Lemkin, "Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups." "Genocide has two phases," argued Professor Lemkin, "one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. This imposition, in turn, may be made upon the oppressed population which is allowed to remain, or upon the territory alone, after removal of the population and the colonization of the area by the oppressor's own nationals. Denationalization was the word used in the past to describe the destruction of a national pattern." Professor Lemkin believed that denationalization was inadequate and should be replaced with genocide. The term genocide, however, was not a war crime under international humanitarian law at the time, but it appears that Committee III was in agreement with Professor Lenkin that it should be a war crime. The problem that faced Committee III was how to categorize genocide as a war crime under the Hague Convention, IV. On September 27, 1945, Committee III argued that denationalization was not a single act of "depriving the inhabitants of the occupied territory of their national characteristics," but rather a program that attempted to achieve this result through: "interference with the methods of education; compulsory education in the language of the occupant; ... the ban on the using of the national language in schools, streets and public places; the ban on the national press and on the printing and distributing of books in the language of the occupied region; the removal of national symbols and names, both personal and geographical; [and] interference with religious services as far as they have a national peculiarity." Committee III also argued that denationalization included other activities such as: "compulsory or automatic granting of the citizenship of the occupying Power; imposing the duty to swearing the oath of allegiance to the occupant; the introduction of the administrative and judicial system of the occupying Power, the imposition of its financial, economic and labour administration, the occupation of administrative offices by nationals of the occupying Power; compulsion to join organizations and associations of the occupying Power; colonization of the occupied territory by nationals of the occupant, exploitation and pillage of economic resources, confiscation of economic enterprises, permeation of the economic life through the occupying State or individuals of the nationality of the occupant." Committee III also stated that these activities by the occupying State or its nationals would also "fall under other headings of the list of war crimes." There were apparent similarities between Professor Lemkin's definition of genocide and the Committee III's definition of denationalization. Professor Lemkin argued that genocide was more than just mass murder of a particular group of people, but "the specific losses of civilization in the form of the cultural contributions which can only be made by groups of people united through national, racial or cultural characteristics (Lemkin, Genocide as a Crime under International Law, 41 AJIL (1947) 145, at 147)." Similarly, Committee III argued that denationalization "kill[s] the soul of the nation," and was "the counterpoint to the physical act of killing the body, which was ordinary murder (Preliminary Report of the Chairman of Committee III, C.148, 28 Sept. 1945, 6/34/PAG-3/1.1.0, at 2)." In its October 4, 1945 report "Criminality of Attempts to Denationalize the Inhabitants of Occupied Territory," Committee III renamed denationalization to be genocide. On December 11, 1946, the General Assembly of the United Nations adopted a resolution that declared genocide a crime under the existing international law and recommended member States to sign a convention. After two years of study, the General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide on December 9, 1948. By the Convention, genocide has been recognized as a crime even when there is no war or the occupation of a State. Genocide became an international crime along with piracy, drug trafficking, arms trafficking, human trafficking, money laundering and smuggling of cultural artifacts. During war or the occupation of a State, genocide is synonymous with the war crime of denationalization. In the Trial of Ulrich Greifelt and Others (October 10, 1947-March 10, 1948) at Nuremberg, the United States Military Tribunal asserted Committee III's interpretation that genocide can be committed through the war crime of denationalization. In its decision, the Tribunal concluded that, "genocide... may be perpetuated through acts representing war crimes. Among these cases are those coming within the concept of forced denationalization (p. 42)." The Tribunal explained, "In the list of war crimes drawn up by the 1919 Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties, there were included as constituting war crimes `attempts to denationalize the inhabitants of occupied territory.' Attempts of this nature were recognized as a war crime in view of the German policy in territories annexed by Germany in 1914, such as in Alsace and Lorraine. At that time, as during the war of 1939-1945, inhabitants of an occupied territory were subjected to measures intended to deprive them of their national characteristics and to make the land and population affected a German province (p. 42)." When the Hawaiian Kingdom was occupied during the Spanish-American War, the United States operated in complete disregard to the recognized principles of the law of occupation at the time. Instead of administering the laws of the Hawaiian Kingdom, being the occupied State, the United States imposed its own laws, administration, judiciary and economic life throughout the Hawaiian Islands in violation of Hawaiian independence and sovereignty. According to Professor Limken, this action taken by the United States would be considered as "the imposition of the national pattern of the oppressor," which is the second phase of genocide after the national pattern of the occupied State had been destroyed under the first phase. In other words, the actions taken by the United States was precisely what the Axis Powers did in occupied territories during World War I and Il, which, according to Committee III, included "interference with the methods of education; compulsory education in the language of the occupant; ... the ban on the using of the national language in schools, streets and public places; the ban on the national press and on the printing and distributing of books in the language of the occupied region; the removal of national symbols and names, both personal and geographical; [and] interference with religious services as far as they have a national peculiarity. [As well as] compulsory or automatic granting of the citizenship of the occupying Power; imposing the duty to swearing the oath of allegiance to the occupant; the introduction of the administrative and judicial system of the occupying Power, the imposition of its financial, economic and labour administration, the occupation of administrative offices by nationals of the occupying Power; compulsion to join organizations and associations of the occupying Power; colonization of the occupied territory by nationals of the occupant, exploitation and pillage of economic resources, confiscation of economic enterprises, permeation of the economic life through the occupying State or individuals of the nationality of the occupant." Under Hawaiian law, native (aboriginal ) Hawaiians had universal health care at no charge through the Queen's Hospital, which received funding from the Hawaiian Kingdom legislature. Early into the occupation, however, American authorities stopped the funding in 1904, because they asserted that the collection of taxes used to benefit a particular ethnic group violated American law. In a legal opinion by the Territorial Government's Deputy Attorney General E.C. Peters on January 7, 1904, to the President of the Board of Health, Peters stated, "I am consequently of the opinion that the appropriation of the sum of $30,000.00 for the Queen's Hospital is not within the legitimate scope of legislative authority." Since 1904, aboriginal Hawaiians had to pay for their healthcare from an institution that was established specifically for them at no charge. According to the International Criminal Court's (ICC) Elements of Crimes, one of the elements of the international crime of "Genocide by deliberately inflicting condition of life calculated to bring about physical destruction," is that the "conditions of life were calculated to bring about the physical destruction of that group, in whole or in part." The ICC recognizes the term "conditions of life" includes, "but is not necessarily restricted to, deliberate deprivation of resources indispensable for survival, such as food or medical services, or systematic expulsion from homes." As a result of the "deliberate deprivation of ... medical services," many aboriginal Hawaiians could not afford medical care in their own country, which has led to the following dire health statistics today. 13.4% of aboriginal Hawaiians who were surveyed in 2013 reported that they do not have any kind of health care coverage, which is the highest rate across all ethnic groups surveyed (Nguyen & Salvail, Hawaii Behavioral Risk Factor Surveillance System, State of Hawaii Department of Health). Aboriginal Hawaiians are dying at younger ages amongst all other ethnicities, with rates 40% higher when compared to Caucasians (Panapasa, Mau, Williams & McNally, Mortality patters of Native Hawaiians across their lifespan: 1990-2000, 100(11) American Journal of Public Health 2304-10 (2010); and Ka`opua, Braun, Browne, Mokuau & Park, Why are Native Hawaiians underrepresented in HawaiTs older adult population? Exploring social and behavioral factors of longevity, Journal of Aging Research (2011). Aboriginal Hawaiians survival rate for all cancers is 47% when compared to 57% Caucasians, and 55% all other races combined (National Center for Health Statistics, Health, United States, 2007: With Chartbook on Trends in the Health of Americans, S. Department of Health and Human Services Centers for Disease Control and Prevention). Aboriginal Hawaiians have the highest rate of diabetes in the Hawaiian Islands (Crabbe, Eshima, Fox, & Chan (2011), Native Hawaiian Health Fact Sheet 2011, Office of Hawaiian Affairs, Demography Section, Research Division). 5% of aboriginal Hawaiians are overweight, which is higher than any other ethnic group in the Hawaiian Islands (Nguyen & Salvail, 2013). 7% of aboriginal Hawaiians have high blood pressure, being second only to Japanese at 39.7% (Nguyen & Salvail, 2013). Aboriginal Hawaiians are more likely to have chronic diseases than non -aboriginal Hawaiians (Nguyen & Salvail, 2013). 48% of the deaths of aboriginal Hawaiian children occur during the perinatal period (Crabbe et al., 2011). 7% of aboriginal Hawaiian adults report being diagnosed with a depressive disorder (Nguyen & Salvail, 2013). Aboriginal Hawaiians continue to abuse alcohol, nicotine, and other drugs at a higher rate than other ethnic groups in Hawai'i (Pearson (2004), Ka Leo O Na Keiki: The 2003 Hawaii student alcohol, tobacco, and other drug use study (1987-2003), Hawaii adolescent prevention and treatment needs assessment: Executive summary, 2003, State of Hawai'i Department of Health, Alcohol and Drug Abuse Division). Professor Lemkin would view these statistics as connoting "the destruction of the biological structure" of aboriginal Hawaiians, which is the outcome of the second phase of genocide where the imposition of the national pattern of the oppressor has been established. In addition to these statistics are added the deaths of aboriginal Hawaiians who died in the wars of the United States after forced conscription into the Armed Forces and their compulsion to swear allegiance. These wars included World War I, World War 11, the Korean War and the Vietnam War. Mission Statement "Enhance, protect, conserve and manage Hawaii's unique and limited natural, cultural and historic resources held in public trust for current and future generations of the people of Hawaii nei, and its visitors, in partnership with others from the public and private sectors."- DLNR To have a state government that is honest, transparent and responsive to its citizens. To change the trajectory of Hawai'i by restoring faith in government and establishing the Hawaiian Islands as a place future generations choose to call home. - GOVERNOR DAVID ICE'S PRIORITIES FOR HAWAI'I - David Y. Ige The mission of the Office of the Mayor is to carry out the vision for Kaua'i by directing the management of all executive departments, offices and agencies. The Office of the Mayor also serves as a liaison between the County Council and administration and facilitates the County's State and Federal legislative agendas. We support all boards and commissions, respond to citizen concerns, and coordinate internal communications among departments and external communications with the general public and partnering government agencies. In addition, the Office of the Mayor manages the county's capital improvement program, Life's Choices office, and monitors compliance with two federal laws, the Equal Employment Opportunity (EEO) and Americans with Disability Act (ADA).- office of the Mayor of Kauai's mission MISSION STATEMENT The Attorney General established the Intellectual Property (IP) Task Force in February 2010, designating the Deputy Attorney General as the Chair. The IP Task Force seeks to support prosecutions in priority areas, promote innovation through heightened civil enforcement, achieve greater coordination among federal, state, and local law enforcement partners, and increase focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders. The IP Task Force supports the Department's efforts to aggressively investigate and prosecute a wide range of IP crimes, with a particular focus on: (1) public health and safety; (2) theft of trade secrets and economic espionage; and (3) large-scale commercial counterfeiting and piracy. The Department places a special emphasis on the investigation and prosecution of IP crimes that are committed or facilitated by cyber-enabled means or perpetrated by organized criminal networks. The IP Task Force also supports state and local law enforcement's efforts to address criminal intellectual property enforcement by providing grants and training. IP Task Force Members include the Assistant Attorney Generals (or equivalent) for the following components: Antitrust Division (ATR) Civil Division (CIV) Criminal Division (CRM) Federal Bureau of Investigation (FBI) National Security Division (NSD) Office of Justice Programs (OJP) Office of Legislative Affairs (OLA) Office of Public Affairs (OPA) United States Attorneys Offices/Executive Office for United States Attorneys (EOUSA) The IP Task Force also works closely with the Office of the Intellectual Property Enforcement Coordinator (IPEC), housed in the White House Office of Management and Budget. Mission Statement The Division of Conservation and Resources Enforcement (DOCARE) effectively upholds the laws that serve to protect, conserve and manage Hawai`i's unique and limited natural, cultural and historic resources held in public trust for current and future generations of visitors and the people of Hawaii nei. DHHL MIS MANAGEMENTICORRUPTION Pursuant to provisions of the HHCA, the Department provides direct benefits to native Hawaiians in the form of 99-year homestead leases at an annual rental of $1. In 1990, the Legislature authorized the Department to extend leases for an aggregate term not to exceed 199 years (Act 305, Session Laws of Hawaii 1990; section 208, HHCA). Homestead leases are for residential, agricultural, or pastoral purposes. Aquacultural leases are also authorized, but none have been awarded to date. The intent of the homesteading program is to provide for economic self-sufficiency of native Hawaiians through the provision of land. Other benefits provided by the HHCA include financial assistance through direct loans or loan guarantees for home construction, replacement, or repair, and for the development of farms and ranches; technical assistance to farmers and ranchers; and the operation of water systems. [TITLE 1A: PURPOSE] [§101. Purpose.] [Text of section subject to consent of Congress.] (a) The Congress of the United States and the State of Hawaii declare that the policy of this Act is to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self- determination of native Hawaiians in the administration of this Act, and the preservation of the values, traditions, and culture of native Hawaiians. (b) The principal purposes of this Act include but are not limited to: (1) Establishing a permanent land base for the benefit and use of native Hawaiians, upon which they may live, farm, ranch, and otherwise engage in commercial or industrial or any other activities as authorized in this Act; (2) Placing native Hawaiians on the lands set aside under this Act in a prompt and efficient manner and assuring long-term tenancy to beneficiaries of this Act and their successors; (3) Preventing alienation of the fee title to the lands set aside under this Act so that these lands will always be held in trust for continued use by native Hawaiians in perpetuity; (4) Providing adequate amounts of water and supporting infrastructure, so that homestead lands will always be usable and accessible; and (5) Providing financial support and technical assistance to native Hawaiian beneficiaries of this Act so that by pursuing strategies to enhance economic self- sufficiency and promote community -based development, the traditions, culture and quality of life of native Hawaiians shall be forever self-sustaining. (c) In recognition of the solemn trust created by this Act, and the historical government to government relationship between the United States and Kingdom of Hawaii, the United States and the State of Hawaii hereby acknowledge the trust established under this Act and affirm their fiduciary duty to faithfully administer the provisions of this Act on behalf of file:///Cl/Documents%20and%20Settings/fergbc/Desktop/HHCA_1921/hhca_0101.htm (1 of 2) [9/25/2012 8:50:33 AM] [TITLE 1A: PURPOSE] the native Hawaiian beneficiaries of the Act. (d) Nothing in this Act shall be construed to: (1) Affect the rights of the descendants of the indigenous citizens of the Kingdom of Hawaii to seek redress of any wrongful activities associated with the overthrow of the Kingdom of Hawaii; or 2) Alter the obligations of the United States and the State of Hawaii to carry out their public trust responsibilities under section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawaii. [L 1990, c 349, §1] [TITLE 1A: PURPOSE] 2) Alter the obligations of the United States and the State of Hawaii to carry out their public trust responsibilities under section 5 of the Admission Act to native Hawaiians and other descendants of the indigenous citizens of the Kingdom of Hawaii. [L 1990, c 349, §1] [§201.5.] Federal reaffirmation. [Text of section subject to consent of Congress.] The United States and State of Hawaii hereby reaffirm and recognize that: (1) The native Hawaiian people are a distinct native, indigenous people who have maintained their own language, culture, and traditions, and have established Hawaiian home lands areas protected under federal and state law; (2) The United States has a unique trust responsibility to promote the welfare of the aboriginal, indigenous people of the State, and the federal government has delegated broad authority to the State to act for their betterment; and (3) The aboriginal, indigenous people of the State retain their inherent sovereign authority, and their right to organize for their common welfare. [L 2001, c 302, pt of §2] MISSION STATEMENT The Department of Hawaiian Home Land's mission is to manage the Hawaiian Home Lands trust effectively and to develop and deliver lands to native Hawaiians. We will partner with others towards developing self-sufficient and healthy communities. A Native Hawaiian advocacy group has sued the state for its management of the land around the Maunakea Access Road. A lawsuit filed Thursday by the Native Hawaiian Legal Corporation argues that the state departments of Transportation and Land and Natural Resources have used the more than 65 acres of land around the Maunakea Access Road illegally for the better part of 60 years. According to the complaint, the state failed to obtain authorization from the Department of Hawaiian Home Lands or the Hawaiian Homes Commission to build the Maunakea Access Road on DHHL land in 1964. Therefore, subsequent use of the land has been unlawful, and the DHHL has failed in its duties to act exclusively in the interests of its beneficiaries, the lawsuit argues. https://www.westhawaiitoday.com/2020/02/14/hawaii-news/lawsu it-questions-states-authority- ove r-maunakea-access-road/am p/ Court rules in favor of Hawaiian Homelands, beneficiaries could receive millions from lawsuit Some have been on the waitlist for years, even decades. The Hawaii Supreme Court has ruled in favor of Hawaiian homelands beneficiaries. Some have been on the waitlists for years, even decades. The ruling means the state could pay tens of millions of dollars to beneficiaries. It affects the more than 2700 people on the list-- some who have died since the lawsuit was filed back in 1991. In the unanimous decision, the court noted, `the State of Hawai'i has done little to address the ever -lengthening waitlist for lease awards of Hawaiian homelands." In a statement, co -lead counsel Thomas Grande said "DHHL's principal duty was not to create waiting lists; DHHL's principal duty is to rehabilitate native Hawaiians by creating homesteads that they can inhabit, farm or ranch." https://www. kitv.com/story/42316088/court-ru les-in-favor-of-hawai ian-homelands-beneficiaries- cou Id-receive-mi Ilions-from-lawsuit Jun 12, 2013 By Mark Adams, Maui News Staff Writer WAILUKU — In 1954, Elizabeth W. Yabui was living on Molokai and turned in her first application for a homestead lot to the state Department of Hawaiian Home Lands. Decades later, after a series of delays, mistakes and misinformation, she's still on the list. But Yabui says now, at 68 and a single senior citizen living on a fixed income, she doesn't believe she can qualify for a home loan even if a homestead property were available. "It's too late," she said.Yabui and other DHHL beneficiaries with grievances over how their homestead applications have been handled are banding together in a class-action lawsuit against the state. About two dozen gathered Wednesday at the Cameron Center to discuss the case with representatives of the Native Hawaiian Legal Corp. The plaintiffs are suing for individual damages they have suffered because of alleged mismanagement of the Hawaiian Homes trust. At the center of the lawsuit are claims that were earlier filed with the Hawaiian Homes Trust Individual Claims Review Panel. The panel was charged with addressing claims like Yabui's, but in 1999 Gov. Ben Cayetano vetoed a bill that would have given the ICRP a year to finish processing the cases before it.The claims filed with the ICRP are now in limbo, and they are the subject of the lawsuit. The suit is being challenged by the state in a case now before the Hawaii Supreme Court, but the informational workshops are continuing. Attorneys Tom Grande, Stan Levin and Carl Varady filed the class-action lawsuit, with the Native Hawaiian Legal Corp. holding meetings across the state to inform DHHL beneficiaries of their rights. hftps://www.davislevin.com/blog/2013/j'une/class-action-suit-seeks-damages-for-dh hl-delay/ https://www.davislevin. com/blog/2013fjune/class-action-suit-seeks-damages-for-dhhl-delay/ HONOLULU (HawaiiNewsNow) - Thousands of native Hawaiians who say it took too long to get homestead leases from the state, have scored 'a major victory in court. A Honolulu judge ruled this week the state failed to award homestead lots in a timely manner. ome of the 2,700 people who sued the state and the Department of Hawaiian Home Lands met the qualifications yet had to wait decades before being awarded a homestead. Others were never awarded a homestead. They are delighted the judge ruled in their favor. "I'm very happy this has come to this point after waiting and waiting and waiting and being brokenhearted so many times," said Wehilani Ching, who, despite being Native Hawaiian, says she was not allowed to apply for a homestead lot. "The court concluded people should have been placed on land quicker than they were. The court found that some class members waited 25 years or more to be awarded a homestead and that a reasonable time to get a homestead would only be several years," said Tom Grande, attorney for the plaintiffs. he homestead controversy dates back to 1959, the year Hawaii became a state. As part of the Admission Act Hawaii promised to award homestead lots. https://www.hawaiinewsnow.com/story/i 1445831/judge-rules-state-breached-home-lands-trust/ With Thousands Waiting and Millions Unspent, Hawaii Fails to Build a Single Home. The state agency charged with providing homesteads for Native Hawaiians produced no new housing units during the year that ended June 30, and closed out the fiscal year with $30 million in unspent federal housing funds. By Nanea Kalani The state agency charged with providing homesteads for Native Hawaiians produced no new housing units during the year that ended June 30, and closed out the fiscal year with $30 million in unspent federal housing funds. Meanwhile, the number of eligible beneficiaries awaiting residential leases totals more than 22,000 individuals statewide, with roughly half of the wait -list applicants on Oahu. early a century ago, Congress established the Hawaiian Homes Commission Act, setting aside 200,000 acres in a land trust to benefit Native Hawaiians with at least 50 percent Hawaiian ancestry through long-term leases of $1 a year for land to live, farm or ranch on. The 1920 federal law states that among its main purposes is "to enable native Hawaiians to return to their lands in order to fully support self-sufficiency for native Hawaiians and the self- determination of native Hawaiians." It adds that Native Hawaiians should be placed on trust lands "in a prompt and efficient manner." The federal Hawaiian Homes Commission Act of 1920 established a land trust with some 200,000 acres to benefit Native Hawaiians with at least 50 percent Hawaiian ancestry through long-term leases of $1 per year for land tracts to live, farm or ranch on. Here's a look at the status of residential leases on each island, including lessees and applicants. One critic called the Department of Hawaiian Home Lands' slow pace of producing housing for Native Hawaiians "criminal" at a time when the overall availability of affordable housing is lacking. The department, which administers the land trust, contends it is not a housing agency. "Over the decades we've normalized poor accountability and failure," homesteader Robin Puanani Danner said of DHHL's performance. "There has to be more force by which the people of Hawaii start to expect and demand accountability and demand answers." Danner serves as chairwoman of the Sovereign Councils of the Hawaiian Homelands Assembly, a statewide coalition of homestead associations that advocates on behalf of beneficiaries. She's particularly critical of the department's inability to spend down millions in federal funding earmarked for affordable housing for Native Hawaiians. Under the federal Native Hawaiian Housing Block Grant program, DHHL had been receiving on average $10 million a year since 2002 to support affordable housing activities to benefit low- income Native Hawaiians eligible to reside on Hawaiian homelands. The late U.S. Sen. Daniel . Inouye is credited with helping establish the funding stream. Eligible activities under the program include development of affordable housing for rental or home ownership, infrastructure and support services for Native Hawaiians earning less than 80 percent of the area median income. The program is part of the Native American Housing Assistance and Self Determination Act of 1996, also known as NAHASDA. As unspent grant money began to pile up several years ago, hitting a backlog of $55 million at one point, the Obama administration in 2015 began scaling back Hawaii's NAHASDA appropriation, and in 2016 zeroed out funds for the program over concerns about the unspent balance. "Who pays that price? You're darn right -- we do, the beneficiaries. It is just horrendously unacceptable to normalize that losing $30 million in the middle of a housing crisis is somehow OK and that there is any excuse valuable enough that would make that OK," Danner said, referring to the loss of housing funds in recent years. Jobie Masagatani, chairwoman of the Hawaiian Homes Commission and DHHL director, contends the agency is putting its federal housing funds to good use, paying for things like homeowner financing and infrastructure for homestead communities. And, she said, the department continues to award homestead lots. "That's a challenge that we have. You're trying to address the housing need, but what we get evaluated against is, 'Well, how many people did you actually award a lease to?," said Masagatani, who was confirmed as DHHL director in 2013. Where money goes In its annual NAHASDA performance report to the federal government, DHHL said it spent $19.3 million last fiscal year and had $29.8 million in unspent funds remaining. Masagatani said $12.5 million of the unspent balance is under contract but not yet paid out. Some of the outcomes reported for the year were: >> 76 vacant lot leases awarded for single-family homesteads in Upcountry Maui and Windward Oahu. >> 69 three- and four -bedroom rental homes in a rent -with -the -option -to -buy pilot project in Kapolei converted to homestead leases. >> $7.5 million issued in direct home loans. >> $7.8 million spent on capital improvement projects. >> Homebuyer education services provided for 160 households. Masagatani said the department has historically provided homesteads for single-family residences versus multifamily dwellings such as condominiums and townhomes. "That's kind of what we do the best ... where we put in the infrastructure, the land is at $1 a year, so that's already a huge benefit to the family," she said. She said in general DHHL has transitioned from providing turnkey homes -- with a lot and dwelling -- and returned to a previous practice of awarding land lots with infrastructure to allow beneficiaries to build their own homes."In response to primarily beneficiary requests we've moved from where we hire a developer and build turnkey, to providing the lot and allowing the families to build what they can afford and what suits them,' Masagatani said. But with the bulk of the homestead waiting list on Oahu, where less than 4 percent of trust lands are located, Masagatani said the agency is exploring building rental housing and condominiums in urban Honolulu and Kapolei. "In this area," she said, motioning outside a window in the department's Kapolei offices, "we have been looking at increasing densities, close to the rail stations. It may be rentals, it may be condo. In this market where it makes more sense, then yes, we have been looking at multifamily." nother site being eyed for multifamily housing units is the former Bowl-O-Drome bowling alley, which closed in 2004 and sits on about 2 acres of DHHL land on Isenberg Street in Moiliili. We've been working on the environmental work that needs to happen, the initial plans in order to see what can be done in terms of multifamily -- likely rental -- housing," Masagatani said. https://www.governing.com/topicslhealth-human-services/tns-hawaii-homes-agency.html?AM P Lyon Bribery: $240K to Buy DHHL Contract by Andrew Walden Frank James Lyon's guilty plea to federal bribery charges may be only the beginning. Under the terms, "(Lyon) is required to submit. ..an accurate and complete list of all business he is currently affiliated/involved with that involve federal contacts." Journalists are already digging into clues from Lyon's January 22, 2019 plea agreement. HNN, January 30, 2019, reports:... Jim Lyon, owner of the Honolulu -based company Lyon Associates, pleaded guilty last week to conspiracy charges in the alleged bribery scheme. Multiple sources say the bribe helped land a $2.5 million DHHL engineering contract on Kauai. "It's a system -wide problem, and it's government graft and corruption," said Mililani Trask, a native Hawaiian attorney and cultural activist. "It's $240,000 for this incident, but how much was paid for other incidents?" Sources say that Lyon's firm was hired in 2010 to assess the safety of four dams that the DHHL owned in the Anahola area of Kauai. After the 2006 collapses of the Ka Loko Dam, reservoir owners were required to assess the safety of their dams.... Cedric Duarte, DHHL spokesperson, tells Hawai'i Free Press: "The DHHL has not received any target letter or subpoena from any authorities related to this case with Lyon and Associations. As such, we are unable to confirm if this complaint is referring to our department." The State Professional Services Awards database (search "Lyon Associates") shows Lyon as primary or sub contactor on dozens of State contacts between 2009-2015. Each of these contracts could 10, be a target for investigators. The $2.5M contract awarded October 28, 20for "Design and Assessment of five DHHL owned reservoirs in Anahola and Kekaha" appears to match the timeframe and amount in the indictment. A 2017 record shows Lyon applying for a DLNR "Dam Safety Permit" for the project. The database (scroll right) also lists six DHHL employees who may have played a role in awarding the contract. Lyon's indictment shows $240,000 in bribes paid out annually from March 31, 2011 through December 12, 2016, to "Co -Conspirator 3 ...an employee of 'State Agency' from at least approximately 2008 until at least approximately 2012." These sums were them passed on to "certain State Agency officials who would have influenced the award...." Other corrupt payments went to a "relative of Co -Conspirator 3, purportedly for consulting services...." In a separate whistleblower lawsuit filed September 28, 2016, former Lyon Associates corporate President Ronald Gonzales asserts he informed owners Frank Lyon and his deceased father James Lyon of "criminal property damage, failure to pay wages and salaries, falsified and fraudulent official documents, sexual harassment of employees and terroristic threatening." onzales names 30 witnesses including a Federated States of Micronesia official and numerous employees of Lyon and other building contractors active in Hawaii, Guam and Micronesia. LIHUE >> The Department of Hawaiian Home Lands today started the process to reform its controversial program of leasing land on a month -to -month basis.By a 7-0 vote on Kauai, the commission that oversees the department approved converting the nearly 180 monthly permits to another type of short-term rental agreement while DHHL develops new rules to restructure its revocable permit system. he agency expects to develop the proposed new rules in the next months and, if approved by the commission, distribute them to Native Hawaiian beneficiaries for their feedback. The department is expected to make the changes to the proposed rules based on that feedback and then ask the commission for final approval.The commission took the action today following a Star -Advertiser investigative series in May that found the revocable permit program plagued by problems of mismanagement, lax oversight and selective enforcement. fter the series ran, DHHL inspected nearly all of the 178 parcels and found 20 percent to not be in compliance with the permit terms, a department spokesman said. https://www.staradvertiser.com/2013/07/23/breaking-news/dh hl-to-overhaul-troubled-revocable- permit-program/ Leasing to non natives, not abiding by their own code, changing the original draft 1/32nd blood quantum. Created after the illegal occupation of our Nation. It doesn't take much to uncover the corruption in DDHL. Many die on the waitlist. Lands that are being mismanaged. Swapped. Sub - Leased by non native Hawaiians. Leslie Takasaki From: Liz Raya <Iraya09@yahoo.com> Sent: Monday, November 09, 2020 12:24 PM To: Planning Department Subject: Defer Koloa Landing Resort Expansion CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha my name is Elizabeth Okinaka a long time resident of Koloa. I am writing this testimony today to oppose the expansion of Koloa Landing resort. Koloa landing is very culturally culturally significant and historical area in Koloa. The very spot we're Koloa Landing resort sits was complete $2.8 million dollar loss after hurricane Iwa! The hotel also sits on the floodplain of Waikomo Stream. Many Lava tubes around this immediate area are known burial places for our Iwi Kupuna. Culturally significant sites maked as "lava tubes" exist today at Koloa Landing. No stewards for this culturally significant site have been chosen even though many requests have been made with the hotel. Humans remains have been found at lava tube on site. Also many "mounds" located in multiple places on property are "known possible burial mounds." The hotel is also located in the area preserved for the endangered Kauai wolf spider "We pe'e maka'ole" And the endangered Kauai Cave amphipod "Kolana" The water quality of Koloa Landing has declined greatly. The most recent Surfrider testing of Koloa Landing water came in a single day result of 228.0 Enterococcus bacterial concentration per 100mis on October 10, 2020. Affordable housing is a prominent issue on Kaua'i. We don't not need more hotels,condos timeshares etc! What will be left for our keiki! Thank you for for community input on this issue. I do not support the expansion of Koloa landing. Sent from Yahoo Mail for iPhone 1 NOY 1 0 2020 Novernber S, 2020 County of Kauai Planning Commission 4444 Rice Street, Suite A473 Lihue, HI 96766 Attention: Glenda Nogami-Streufert, Chairperson RE: Koloa Landing Resort Special Management Area Use Permit S[viA(U)-2004-6, PDU Permit-2004-30 And Class IV Zoning Permit Z-IV-2004-35 TMK: (4) 2-8:025-037, 045-074 & 081 containing 22.2 acres. Dear Planning Commission: We, Thomas A. and Jami L. McKnight, owners of the property, Lot 129, adjacent to Koloa Landing Resort, previously Poipu Beach Villas, LLC. are submitting testimony against Koloa Landing Resort's requested 120 additional units as follows: In August of 2004, Mike Thompson, a representative of PBV, stated during a hearing before the Kauai County Planning Commission, that he had met with the Mcknights and had come to an agreement regarding three items. The representations made to the Commission were that PVB would exclude any parking behind the Mcknights' property, create a setback from their home, and "do everything in our power to provide a sewer connection" to the McKnights. In June of 2007, PVB's project manager, Shawn Keep, informed Tom and me that PVB was working on the plans for the sewer hookup to their lot with the County of Kauai. To our dismay, on October 25, 2007, we were informed by Mike Cook, a PVB Project Superintendent, that the sewer lines had been installed and no provision was made by PVB to hookup the ?vicKnight's lot. We were advised that the nearest six-inch sewer line was 120 feet away from the boundary of their lot and an additional eight -inch line a little further, and Mr. Cook did not believe why a "hook up cannot be made at this time." Following up with Todd Hadley, a PVB representative, we were informed PVB gave no consideration to hooking up a sewer line to our Lot 129. When we raised this issue with Mike Thompson, he told us that providing a sewer connection to our lot iA,,as not a condition imposed on their project nor was it in writing! Prior he had made two visits to our home seeking our approval for the public hearings on their PVB project. Doing "everything in ones power" implies that one will work in good faith and diligently to accomplish the objective. In this case it appears PVB made no attempt whatsoever to provide sewer connection to our Lot 129 right in their backyard. At a minimum, they could have called us advising us of the status of the sewer line, efforts being made to hook us up and obstacles if any preventing them from doing so. Costs for hook up and monthly fees were to be on our billing and was agreed to by us. NOV 1 0 20" We are extremely disappointed with the developer. They made representations to the Commission with regards to the sewer hook up in order to advance their permits when they had no intention of ever providing a sewer connection to our home on Lot 129. The Developer simply thumbed their nose at us and the Planning Commission and installed the sewer lines without ever considering hooking us up. We have a copy of the tape recordings from the County hearings on August 24, 2004 in which Mr. Mike Thompson gave testimony for "everything in one's power." PVB, now known as Koloa Landing Resort, perhaps thought they had no obligation for sewer connection as all legal easements were cancelled over their project by Land Court in 2006.Our easement of Lot 129 had been deleted by error in 1988 and was corrected by Dennis Lombardi in Land Court Order 171,951 on September 6, 2007. Final judgment dated August 3, 2007 was recorded as Land Court Document No. 3639371 and restored by Land Court Order 169490 over Koloa Landing Resort's Roadway lots 160-164, inclusive for our lot 129. Recently this year, Mike Thompson had second thoughts and actually tried to help us get the sewer line connection with Tom and I paying all the expenses as before agreed. However, the developer refused his request and in spite of putting a building and swimming pool right over our legal easement. These issues need to be resolved in the "good neighbor" and spirit of aloha by Koloa Landing Resort living up to it's promise before the Planning Commission to allow Lot 129 to hookup to the developer -installed sewer line. We are willing to pay the construction cost for hookup as well as any other cost to the operator for that privilege, as we understand the system is privately owned and operated. Respectfully sub fitted, p , /d I �I— / T Yn omas A. & IZ' L. cKnight Owners since 1987 of: TMK: 2-8-015-23, Lot 129 2710 Hoonani Road Koloa HI 96756 KC -,OA LANDING / --- &USDIV.I.SION MAp / ros•r7• /rse� r I • /2e o.o � O. IES 1 ,S�O,p `tr ••'r�./GJ )r /J/ iC/lSEM6IfT O. 3c � Je- ep_ C'a / /22� f/7 /92 .!'�'.cp S / ra 'G 7. ' ! 6G. 6.O - 2q /A37 //C /CS //e ,.!6/39 'Idc L,�@/ -./�•OC'/�8.0 !/O !!/` •, /43 JC s>� /47'00' ia5.2o / /2C'32' /S9.CC 16C •. ��t\ 1 2C•3c"i 90.0 / `od _.t47- � / /Od to-,v.. l0.. !/ / '%. /3C• p3• CS^ /J4.62 / .9•' � ' yy.. ye.w 9b - -/S@ /S6 � SSA• OG • /S' ,N57 3t.�J • 90 - - - / l E3 T . c �.' / �—_ Ste• OC' /4J./O Lot k29 -" /oc-Ec• csso �� /OJ•.CC' 465./O S 1 w 'ii Planning Department 4444 Rice Street Lihue, Hawaii 96766 Subject: PDU-2004-30 Defer Koloa Landing Resort. Dear Planning Department, As a cultural/lineal descendant of the area of Koloa Ahupua'a, this testimony is in the best interest for future generations of the Koloa Ahupua'a community and to address matters taking place currently with the development in the area. The Koloa Landing Resort project permit and the intended use of this permit is concerning an alarming. In the best interest of the community, an updated EIS should be constructed along with a local community meeting. A section 106 review should be also done to determine at this time if there is any effects or potential effects resulting from present and future construction activity. The area has characteristics which qualifies the area for the national registry list. The most recent archaeological inventory survey was completed in January of 2005. Under the request of Regency Development LLC, Cultural Surveys Hawai'i, the survey conducted explained that, "approximately 25 acre parcel in south coastal Koloa Ahupua'a, in the Koloa District of Kauai Island" (Cultural Surveys Hawaii, Inc,2005). The community should have access to a revised EIS. Please address this matter as soon as possible by investigating if the preserved areas of Koloa Ahupua'a are being desecrated and if so mitigate any adverse effects. Cordially, Vivian-Malia Fa'agata NOV 1 0 2026 � z � e 2 7 / J > m 2 0 G c .__ u % o -� u c ° @ o : \ \ 41 \ •_\ u > 2 ± � � o 2 \ / \ IN Leslie Takasaki From: Med Dyer <med.dyer@gmail.com> Sent: Monday, November 09, 2020 2:38 PM To: Planning Department Subject: DU-2004-30 Defer Koloa Landing Resort CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Hello, I am resident of Koloa and I want to register my extreme concern over the added units proposed for Koloa Landing. These are not needed and there is not enough infrastructure to support them. Please do not continue to add more and more visitor beds — there is not room on the island for so many visitors! Kaua'i is getting ruined! Thank you, Medford Dyer Nov 1 012offl- Leslie Takasaki From: Karla Saperstein <teacherpet9@gmail.com> Sent: Monday, November 09, 2020 3:06 PM To: Planning Department Subject: Koloa Landing Expansion. CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Aloha my name is Karla Saperstein a long time resident of Koloa and a preschool teacher. I am writing this testimony today to oppose the expansion if Koloa Landing in Koloa. How much more development for rich folks do we need? Just because you CAN do it SHOULD YOU? Is there no vision for the beauty of our island besides money making? The hotel also sits on the floodplain of Waikomo Stream. There are many Lava tubes around this immediate area are known burial places for our Iwi Kupuna. Culturally significant sites maked as "lava tubes" exist today at Koloa Landing. No stewards for this culturally significant site have been chosen even though many requests have been made with the hotel. Humans remains have been found at lava tube on site. Also many "mounds" located in multiple places on property are "known possible burial mounds." The hotel is also located in the area preserved for the endangered Kauai wolf spider "Pe'e pe'e makaole" And the endangered Kauai Cave amphipod "Kolana" The water quality of Koloa Landing has declined greatly. The most recent Surfrider testing of Koloa Landing water came in a single day result of 228.0 Enterococcus bacterial concentration per 100mis on October 10, 2020. Affordable housing is a prominent issue on Kaua'i. We don't not need more hotels,condos timeshares etc! What will be left for our keiki! Thank you for community input on this issue. I do not support the expansion of Koloa landing. WAKE UP! Save our South Shore from becoming Honolulu. For Gid sake think of your grandchildren and future generations. Sent from my iPhone V 1 0 20 Leslie Takasaki From: Shannon Davidson <photowooh@gmail.com> Sent: Monday, November 09, 2020 3:46 PM To: Planning Department Subject: Koloa landing resort CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. They don't need those extra rooms or space. Please don't allow. Sent from my Whone NOV 1 0 2020 a 0 November 8, 2020 Dear Planning Department, My name is Heather Cornell, I am a resident of Kauai, and live on Kapuna Road in Kilauea. I am writing this letter in regards to the property owned by Hilary Ferris Chandler and Kirkland Chandler on Kapuna Road. I have no issues with Hilary Ferris Chandler or Kirkland Chandler. I also did not sign the petition that has been circulating (the case is in their names). I would also like to share that I have known Kaleo Chandler for over 7 years. I taught both of his children at Kilauea School. He is a very kind, loving, and dedicated father. Over the years, Kaleo Chandler has volunteered to come to Kilauea School on 'Career Days" to present his profession and business to the children. Last year my husband and I hired Kaleo Chandler "Kaleo's Tree Services, Inc." to cut down some potentially dangerous trees. It was a rigorous job. Kaleo Chandler was very professional, efficient, conscientious, and courteous. Thank you, Heather Cornell F h:(E � NOV 1 0 2020 Leslie Takasaki From: Tom A. Hitch <tomahitch@earthlink.net> Sent: Sunday, November 08, 2020 11:10 AM To: Planning Department Subject: Agenda item F2b SP-2011-35, CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Chair Nogami and Planning Commissioners, My name is Tom Hitch and I am writing to you in regards to Agenda item F2b SP-2011-35, the Chandler -Ferris Trust hearing on their TVR Special Use Permit. My property shares a boundary line of about 375 feet with the Chandler -Ferris Trust's makai/north east boundary. I've owned my lot since 1991 and moved into my house here in 1992. 1 have lived on this property for most of the last 28 years. Over the past 17 years of its operation, the Chandler's TVR has not bothered me at all. Hilary and Kirk have been good neighbors with whom I have no complaints. I am neutral on the decision that you are faced with today. Mahalo, Tom Hitch 808-634-5274 4650 Kapuna Rd Kilauea, HI 96754 Sent from Mail for Windows 10 G,_.� V./e NOV 1 0 2020 Leslie Takasaki From: Lita Sam -Vargas <litasamv@icloud.com> Sent: Sunday, November 08, 2020 6:55 PM To: Planning Department; Kaaina Hull Subject: SP-2011-35 (Public Hearing Nov 10, 2020) Attachments: Owners Letter.pdf CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Please find attached a letter from 3 of the 4 owners of the Pu'u Awa CPR opposing the Special Permit SP-2011-35. Thank you. r. I,' - NOV 1 C 2024 11 /8/20 Planning Commission County of Kauai planninadepartment@kauai aov khull@kauai.aov Re: SP2011-35 We the undersigned own three of the four units of the Pu'U Awe CPR. We want to be on record as opposing the TVR application at 4670 Kapuna Rd. The Alan Gevins and Isabel M. Sam -Vargas Living Trust 4660 Kapuna Road The Benjamin L. Ferris and Colette D. Ferris Trust 46680 Kapuna Road 17 7�t Lenda Heiser Revocable Living Trust and Kristin Zimmerman 4690 Kapuna Road Leslie Tal<asaki From: Nathalie Jimenez <livealohabusiness23@gmail.com> Sent: Sunday, November 08, 2020 9:13 PM To: Planning Department Subject: Hilary and Kirk CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Attention Chair Nogami-Streufert and Planning Commissioners, I would like to retract my signature on the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. By the information given on the petition, I was under the impression this was a new TVR going in. I didn't realize this was Hilary and Kirk's TVR they had been operating for 20 years. Had that been on the petition, I would not have signed. I know this family and they are good people who work hard serving our north shore community. I want to remain neutral and support whatever decision the County makes. Sincerely, Carmen Jimenez 4546 Kupuna .ti. b - ' - NOV 1 0 2020 Leslie Takasaki From: Mapuana de Silva <kumumapuana@gmail.com> Sent: Monday, November 09, 2020 1:46 AM TO: Planning Department Cc: Hilary Ferris -Chandler Subject: Agenda item F2bSP-2011-35 (for a TVR permit) CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. November 9, 2020 Welina mai ke aloha e Chair Nogami-Streufert and -Planning Commissioners, I am writing today in regards to Agenda item F2b SP-2011-35 for a TkIR permit. My name is Nlapuana de Silva, I live on Oahu, and I am the Kumu flula of Flalau iblohala `llima. I have been taking my students to Kauai, since the early 1980s, for educational huaka°i (trips/travels), and have been doing so at least once a year for the last 40 years. Prior to each of our trips to Kauai we spend two to four years learning dances (hula) and chants (oli) for various places on the island, people from the island, and events that took place on the island. Our focus and the highlight of every trip has always been our visits to and learning about Keahualaka pd hula and Kauluapaoa heiau in Hd'ena at Ke`e. For most of our trips we have stayed at the Y'f\i1CA Camp Naue in 1-4d'ena, but in recent years it has become more and more difficult to reserve the camp during the times that we need. If the camp is not available when we can travel to Kauai, we have had to postpone our trip because all other accommodations are too expensive for my students' families to afford. Three years ago, in October of 2017, Camp Naue was booked, so it looked like I was going to have to postpone the trip for my keiki. It was then that iViehana3laich Vaughan, another hula practitioner and community leader, shared with us about the affordable Hawaiian -owned and run vacation rental in Waipake. She connected us to Hilary and we were so grateful to find an affordable option from an `ohana in the community that shares our Hawaiian values. l wanted to be sure that the home would be adequate for our group and 1 also wanted to meet Hilary before bringing my haurrana to her vacation rental. So 1 took a day off, flew to Kauai, drove to Waipalce, met Hilary, took a tour (and a lot of photos) of the home and property, and returned to my Kailua, Oahu home with renewed anticipation and excitement. Hilary's family home was absolutely perfect for us. It was such a blessing to have such wonderful accommodations in an isolated and quiet area. I filmy is an excellent host and is mindful of the comi-nunity. We were also on our best behavior because it is4nperaLive that 1 unv . A nnne L 41 i► Q students learn and practice respect for people and places, and because we wanted to be able to return for future visits. We wanted to make a good impression on Hilary so she would come to love us and invite us back again. We fully and strongly support their TVR permit. We hope you will see the need for their TVR permit to be approved. We need more places like this in all of our communities, places for us locals, places that are more affordable than hotels, places where education groups from our own communities (as well as visitors) can afford stay in order to visit our sacred and historical sites. If Hilary's family home is not available for us, there is a good chance that I will no longer be able to bring my students (who are mostly Hawaiian kids) to Kauai so that they can dance the hula, chant the oli, and hear the mo`olelo (stories) of the places at the very places of those hula, oli, and mo`olelo. I know what it is like to have vacation rentals (legal ones and illegal ones) next door to where you live, in your community, and all around you. I live in our family home in Ka`ohao, also known as Lanikai, on Oahu. I grew up there and have been living there since 1951. I have seen so many changes in those years, the biggest change being that many family homes have become vacation rentals. Our community has figured out how to adapt. When there are legitimate issues to be addressed our community tackles those problems, but we don't close our community to others because "now that we have moved here we don't want to let anyone else in." We love where we live for all the same reasons others want to stay here, to visit here, and to experience for a few days what we enjoy year round. I strongly urge the Commission to approve the application for a TVR permit to Hilary Ferris, her family, and their home as a vacation rental. Mahalo for your time and consideration `O an iho no me ka ha`aha`a, Mdpuana de Silva Halau Mohala `Ilima 1110 `A`alapapa Drive, Kailua, HI 96734 Ph:808-222-2243 Leslie Takasaki From: John <hicorny@hawaii.rr.com> Sent: Monday, November 09, 2020 8:23 AM To: Planning Department Subject: Hilary and Kirk Chandler TVR Permit CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Attention Chair Nogami-Streufert and Planning Commissioners, I, John Paul Cornell, would like to retract my signature on the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. I am adamant about retracting my name from the petition. By the information given on the petition, I was under the impression this was a new TVR going in. I didn't realize this was Hilary and Kirk's TVR they had been operating for 20 years. Had their names been on the petition, I would not have signed. I know this family and they are good people who work hard serving our north shore community. The petition and information shared with me was very misleading. Once I realized its a TVR that has been in existence for almost 20 years, it's obvious it didn't bother me since I didn't even know about it. I not only want to retract my signature, I want to voice my support for this local family continuing to operate. Please feel free to contact me in person if you need any more information or testimony. Sincerely, John P. Cornell NOV 11 02021 A6GNOA LTE-M` EZb SP- 2a11-35 J r., C��rrifi��cr�<feer January 9, 2012 Kauai Planning Board ti _ o Re: Hale Luana Retreat Center, Kilauea, Kauai i Dear Sirs and Madam, I am a neighbor of the Hale Luana Retreat Center located on K.apuna Road , in Kilauea. My home is directly across the road from Hale Luana and if anyone were to be adversely affected by this quiet facility it would be me. Yet I have no complaints whatsoever and have found them to be good neighbors, while they perform a useful public service. I have used the facility at Hale Luana on multiple occasions for our local writers group. Their facility is far fiom the road, is quiet and serene, does not cater to boisterous parties and has never been a hindrance to any neighbor that I know of. I believe those who own and run Hale Luana to be very conscientious and upstanding people whose business has not caused any form of harm to anyone in our small neighborhood on Kapuna Road, or on Kauai in general. We need such businesses that offer unique services and inexpensive accommodations for small groups to meet on Kauai. As I mentioned, our writers group has made use of their facility for multiple Saturday gatherings and small groups of tourists (bringing tourism dollars) have found their facility to be an ideal, secluded rural location for seminars and workshops. Hale Luana fills a needed niche role on Kauai and should be encouraged to continue operating. They benefit our community immensely. Please contact me if I may be of any further assistance in this matter. Sincerely, 1 Dr. Christopher Lyden Fz.b.s►C� Nov (i 2020 AGGPDA ITCH: Feb I6b1R Wh1te ,q!- ghamma December 10. 2011 To whom it may concern: ll —35 RE: Hale Luana Retreat Center, 4680 Kapuna Road Kilauea HI As a property owner on Kapuna Road, I am writing to advocate for the continued operation of the Hale Luana Retreat Center located on this street. In the five years I have lived here, there has never been any activity that caused concern regarding the usage of the property described above. There has been no disturbance due to noise nor any evidence of excessive traffic. While our properties are not contiguous, there is only one intervening lot between us, and we are connected by a swale in which sound travels well. Had there been overzealous noise or disturbance, it would easily have been heard. In fact, many of the workshop participants staying at the retreat center supported our agricultural endeavors by purchasing produce from our street side honor stand. I believe the diversified use of the property creates no harm and complements the philosophy of land use for the enrichment and education of residents and visitors. In addition, as a farmer, I am aware of the difficulty of generating sufficient income from agricultural production to affordably live in the economic climate of Kauai. Supplemental income from low impact activities such as a retreat center can make it possible for a property owner to continue agricultural businesses and be a source of food for the island. I also believe that such a facility enhances the value of my property, as I have directed family and friends to stay at the center. Having a workshop and retreat space with overnight accommodation is a resource for the neighborhood as well the community. Should you have any questions regarding this matter, please contact me. Regards, Ibbie White AI-Shamma 4620 lcapun9 46-4d * K.tl9ue9, IN 96754 908-929-0954 W "Y _, AGENDA s Tem : 7-16 SP- 20H -3S Massage Pro C.E. Gloria Coppola PO Box 1477 Marion, NC 28752 (828) 713 3521 December 11, 2011 To the Kaua'i Planning Board To whom it may concern, I have been bringing groups of people to Hale Luana for 2+ years now to train in hawaiian restorative healing/lomilomi. This facility is amazing and absolutely perfect! I used to live on Kauai and I realized that so many people do not understand the hawaiian values and culture or lifestyle. It gives an opportunity for them to share time and space in this beautiful location to learn more about the kumu, lomi and their wisdom on Kaua'i, my favorite island. I tired other vacation rental properties that did not offer the value, amentities, space and Aloha! All the participants love this place as a retreat center. It is quiet, clean and the owners are delightful. There is no other place I would rather share with my students. Even when the students have the day or two of silence, the property affords so many amenities for them to embrace such as walks in nature, the agriculture on site and the salt water pool or relaxing on the huge covered lanai all in peace and serenity. I truly hope that we can continue to bring people to Hale Luana and Kaua'i to share in the magnificence of Aloha. Hale Luana is a sanctuary that people need to experience! Mahalo Gloria Coppola HYPERLINK "http://www.VlassageProCE.com/"www.MassageProCE.com massageproce@gmail.com F. CA) . I • b. 17) NOV 1 A 2020 _ Agefc�u Efc-rn FZb SP-2a{I- 35 wu,w. CcmincAliveTour. cont rirrnr. Camil I esHearr. com -a:w. RicksHeart.c:om •�•�• +` NOV 1 0 2026 Dear Chair Nogami-Streufert and Planning Commissioners, Please remove my name from the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. My nephew came by and mentioned to me about the vacation rental permit hearing coming up on November 1Oth. To my surpise, my nephew asked me if I knew that this vacation rental was owned and run by a local family who has been here as long as us, and that its actually the Ferris -Chandler family we know up the road. I did not have all this information when I was approached to sign the petition, had I known, I would never have signed. I would have wrote a letter of support instead. This is a local family that works hard. It is obvious how low impact this vacation rental has been because I did not even know they were in operation for this long, 17 years. I have not noticed any increased traffic, which makes sense because the TVR has always existed. It is unfair that the petition did not accurately describe the situation and I am sure there are other neighbors who would remove their names if they knew. I mistakenly signed this petition not having all the information, please remove my name. Also, I support this local family's operations and hope you will approve their application. Sincerely, Amelia Ruaboro 4550 Kapuna Rd Kilauea, HI 96754 F.le. b.15. ✓ NOV .! 0 2020 Hello Chair Nogami-Streufert and Planning Commissioners, i am writing to you today to ask that you take my name and signature OFF of the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. My family member called me today to ask if I had heard about the vacation rental permit coming up on November 10th, he saw in the newspaper. I told him yes and that I had signed the petition saying I did not want a new TVR in the neighborhood. I was shocked to hear that the owners that the petition DID NOT refer to was Kirk and Hilary's family. Both our families, the Ruaboro and the Ferris - Chandlers, have been here since 2000. Their family has never bothered us nor any of their vacation rental operations. They are a respectful and community -oriented family who has helped us on our farm chipping green waste. I signed this petition by accident not knowing all the information, please remove my name from the petition. I not only want to remove my signature, I support this local family continuing to operate. Please approve their application. Thank you for your time, Pilar Ruaboro 4542 Kapuna Rd Kilauea, HI 96754 NOV I i) 202A To Chair Nogami-Streufert and Planning Commissioners, I want to remove my signature on the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35 When I was approached to sign the petition, there was no mention of the names of the owners who have been here as long as us, since the year 2000. Their operations have never bothered us and actually, they are one of the few Families in Waipake that do ag like us too. Luckily, they have ag equipment like their excavator and their son does tree trimming so they get lots of mulch and compost for their fruit trees. I am disappointed in our neighbors who had us believe that this was a new illegal TVR. This family operation has been very respectful and I want to support their permit because I know how important it is to have supplemental income when you are doing ag. Now that I know this family's vacation rental has been here this whole time and hasn't ever bothered us, I want to take my name off this deceitful petition. And, I am in support and ask that you approve their permit. Mahalo, Feliciano Ruaboro 4542 Kapuna Rd Kilauea, HI 96754 NOV 1 0 2020 Attention Chair Nogami-Streufert and Planning Commissioners, I would like to retract my signature on the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. From the information on the petition, I was under the impression this was a new TVR coming in. I didn't realize this was Hilary and Kirk's vacation rental they had been operating for 20 years. Had their names been on the petition, I would not have signed. I know this family, Kirk and his son, Paka, have helped us on our farm. They have come and removed trees for us on our property. They are a good family and very respectful. The petition and information shared with me was very misleading. Once I realized its their rental that has been in existence for almost 20 years, it's obvious it didn't bother me or my family because we have never had any issues with their operations. I not only want to retract my signature, I want to -voice my support for this local family continuing to operate. Please approve Chandler -Ferris Trust permit. Sincerely, Teddy Ruaboro 4542 Kapuna Rd Kilauea, HI 96754 Ft4. 11� cp�-) NOV 1 0 2020 Leslie Takasaki From: Christina Prieto <tina_prieto@hotmail.com> Sent: Monday, November 09, 2020 8:42 AM To: Planning Department Subject: Attention Chair Nogami-Streufert and Planning Commissioners, CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Attention Chair Nogami-Streufert and Planning Commissioners, I would like to retract my signature on the Petition to the Planning Commission of the County of Kauai Regarding Special Permit Application SP-2011-35. I didn't realize this was Hilary and Kirk's TVR they had been operating for 20 years. I know this family and they are good people who work hard serving our north shore community. Once I realized its a TVR that has been in existence for almost 20 years, it's obvious it didn't bother me. I want to remove my name from petition and remain neutral, Heather Chandler is my friend and past neighbor. However, I live on Kapuna Rd and the neighbors here are my friends also. I want to remain neutral and not upset my current neighbors with this decision and support whatever decision the County makes, Sincerely, Christina Prieto 4633 Kapuna Rd Kilauea Hi 96754 Sent from my Whone NOV 1 0 2020 Leslie Takasaki From: Bristol King <bristol.king7@gmail.com> Sent: Monday, November 09, 2020 8:56 AM To: Planning Department Subject: Agenda Item: F2b SP-2011-35 CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. November 9, 2020 To: County of Kauai Planning Commission Aloha Chair Nogami and Planning Commissioners, Thank you so much for taking the time to read my testimony. I am writing in support of Agenda item F21b SP-2011-35 for a TVR permit. My name is Bristol Lantagne, I was raised, and still live on Kapuna Road in Waipake I was approached to sign a petition in opposition to the Chandler -Ferris TVR. I chose not to sign because as a lifetime resident, I have been up to the property multiple times over the years for several family gatherings. It in no way resembles a hotel and I believe they have followed all the rules over the years. We are so fortunate to have a local family with deep roots in the community. They are of Hawaiian descent and have been here much longer than all of us. This family has found a balance between operating a TVR to keep up with the high cost of living on Kauai, and also provide a location that can benefit the community. I urge you to support the approval of their permit Thank you for your time. Bristol Lantagne P-y.b.*>o. ce NOV 1 0 2021 John F. Friedman 4690 Kapuna Road Kilauea, hi 96754 Glenda Nogami-Streufert, Chair Donna Apisa, Vice chair Roy Ho, Subdivision Committee Chair; and Planning Commission, Members County of Kauai Planning Commission c/o The Planning Department, County of Kauai 4444 Rice Street, Suite 473 Lihue, HI 96766 Re: Planning Commission's November 10, 2020 meeting Subject: Opposition to SP-11-35 Supporting Documentation November 6, 2020 Aloha Chair idogani-Streufert, Vice Chair Apisa, and Honorable Members of the Planning Commission, I write today on behalf of my fianc6, Kristin Zimmerman, and myself. I am requesting time to testify on the subject special permit for a non -conforming use certificate (NCUC) of a Transient Vacation Rental (TVR) outside of Kauai's Visitor Destination Areas as may, or may not, be allowed under Kauai County Code at your discretion. Your hard and thoughtful work to help shape Kauai's future is genuinely appreciated by us, the residents of Waipake I Subdivision, and the Kauai community, at large. As you are aware, the Subject application was originally rejected. After a long and contentious legal battle, initiated by the applicant, the Intermediate Court of Appeals, remanded the case back to the Fifth Circuit Court with instructions for the Planning Department to process the Application. Contrary to a recent letter I read from the applicant's current attorney, you do have a choice in this matter. The applicants attorney stated that you must approve this application. We passionately believe otherwise. Because we are not attorneys, we will not opine as to why we believe the Applicants attorney's logic is seriously Flawed, meritless, and unlikely to hold muster to legal scrutiny. Instead, we humbly ask that you scrutinize the Planning Department's Report, the submitted Application and integral Affidavit together with the Planning Department's Master File and Permit Application Report. Then, make a site visit to see for yourselves the conditions surrounding the subject property together with the applicants new unpermitted structure(s). , we have no doubt that the lack of veracity that accompanied the original submission not only remains but has become even more specious as time has passed. The applicant clearly believes that they can do whatever they please on their property without a care or concern for Kauai Ordinances, or neighborhood impact. Kristin and I, along with her eighty -Year -old mother, reside on unit two of the four -unit Pu'u Awa CPR. Kristin and her mother have co -owned the property since 2001 and I have resided here with them since 2006. The Subject Application is for unit four (4). The structure on that property, was finished in 2002 and it has always been utilized as a vacation rental. Up until Robert Ferris' death in December of 2012, Robert and his wife Elizabeth also utilized unit three as a Bed and Breakfast with three rental rooms. Neither property has ever had a non -conforming use permit, nor have they received a permit under 205a as required prior to the property's TVR use. It is Important to note: Unit 3 has been utilized as primary residence by Robert's son, Ben and his wife Collette. It is not a vacation rental and they are opposed to unit four's use asa TVR. .i 0 NOV 1 0 2026 f • k•P- �- January 2021 will mark (18) eighteen years that the subject property has continuously operated as a resort business inside an Agricultural Zoned, CPR property, Within a county Approved Subdivision, in violation of those land use restrictions contained in each of those governing documents. The County of Kauai Has Issued at least issuance of at least two (2) notices of Violations by way of Cease and Desist letters. Additionally, and contrary to the Planning Department's Permit Application Report, their use violates the intent and letter of Kauai's General Plan (KGP), its Comprehensive Zoning Ordinances and Hawaii Revised Statutes 205A. Frankly, the applicant has "done what they like". Much of what they have undertaken has been a surreptitious attempt at avoiding or reducing requirements associated with the State of Hawaii Condominium Law (HRS- 514), County Subdivision Approvals, Zoning Permits, Planning Permits, Farm dwelling Agreement, Building Permits, Grading and Grubbing permits and others. It appears that the Trustees of the Chandler Ferris Trust are also claiming two primary residences in their reporting to the County of Kauai Tax Department. They have never resided at the Subject Property! To our knowledge, there is no requirement that you approve this application. We understand that decision to be at your discretion. The requirement that you process their application is that, and that alone! The Permit Application Report The Planning Department Permit Application Report does not reflect the actual circumstance of the property, as it was originally submitted, or now. Therefore, and in hopes that we can be of assistance to you, here are our comments, on some of the information provided to you, within that Report: ✓ We believe that the Robert D. Ferris Trust has been dissolved and the assets distributed to the beneficiaries via the successor Trustee as directed. The Chandler -Ferris trust is a new entity that benefitted from only a portion of the Robert D. Ferris Trust's Holdings and has also comingled the bequest of the subject property with other holdings gained elsewhere. Since this entity is a new trust and has been completely severed from the original applicant, we take issue with the Now Known As (NKA) the Chandler -Ferris Trust. They are not one and the same and as such, standing is called into question. For example unit (3) three of the same CPR was also owned by the Robert D. Ferris Trust but the beneficiary to that property is not NKA, (now known as) the Chandler Ferris Trust. ✓ Additionally, it should be noted that the Ferris -Chandler Trust in May of 2014 voluntarily appointed their Lender (irrevocably so long as their Mortgage remains in effect) the Borrower's proxy to vote, and the Borrower's agent to act, pursuant to the Declaration, By -Laws or the Declaration of Covenants, Conditions and Restrictions and other documents applicable to the premises (emphasis added) and any amendment thereof. As of this writing there has been no Satisfaction of Mortgage recorded with the BOC. Once again calling their standing to apply for this Variance into question. ✓ We assume you are familiar with the 2009 Attorney General's Opinion to The Department of Agriculture concerning Transient Vacation Rentals on State Land Use Designated Agriculture Lands. The Attorney General's Opinion included the following statement: " In Summary, We are not aware of any justification by which a County may allow a B&B or a TVR on agricultural lands as a permissible use under section 205-2(d), 205-4.5(a) or 205-5(b)." Even if some of those applicable sections have changed since that opinion, it calls into question whether a TVR operating against the then applicable HRS Statute, against County Zoning and Subdivision Approvals , and against Condominium Declarations and Bylaws, can be classified as a "Lawful Non -conforming Use'? As laypeople, we do not believe that would be justified. Particularly because as written this application is for a "Hotel" on Agriculturally zoned property. Proiect Description The public record shows the property is a (5) five -bedroom (4) four full bathroom and two half (1/2) Bathroom dwelling. Furthermore, the State Department of Health confirms that the single septic tank utilizing (2) two seepage pits, rather than the typical leach field, will only legally accommodate a (5) five -bedroom Home. Our requests for documents provided us with two remarkably similar but not exact plan submissions. The first to the State Department of Health shows a (5) five -bedroom home with game room. The second retrieved from the Planning Department shows the same plans with the game room area now titled Bedroom 6/Game Room. Unfortunately, The County Building Department informs us, that the original stamped plans were destroyed after seven (7) years as allowed under the Kauai County Code. Some of our additional comments about this Application: ✓ We are unable to attest to the extent of agricultural activity. However, we recently were informed by a third party that some of the hardwood being utilized as the agricultural endeavor for this application has been harvested without replacement. ✓ We believe some of the long, curvy, steep concrete driveway poured recently should have triggered a Zoning Permit and a Building Permit. ✓ We are surprised that the number of bedrooms and bathrooms noted within the Application were not reconciled with the Public Record. ✓ We question compliance with the premise that the agrarian pursuits are primary and that the TVR use is secondary to them, as required. Quite the opposite is actually the case. This TVR is clearly the primary use of the subject property. ✓ This property has been heavily advertised on the internet for years, in many Countries around the globe. After each Cease and Desist Notice online Marketing Changed, to avoid detection. Oftentimes, the Applicant would shut down US based (English) Marketing Websites, but new marketing could be found that promoted their rental business by way of Google searches within various Foreign Countries. Except for the period of nationwide shutdown do to the Covid-19 Pandemic. The Ferris Resort has operated nonstop, since 2003. ✓ We are pleased to see that future public hearing dates have been scheduled on this important matter. However, we passionately believe that after your thorough review, the Application should be promptly denied. > Our response to the "Discussion and Analysis" > The property use as a TVR does not meet an Unusual and Reasonable threshold. The reality is that this is a requested up -zoning by variance. The proper venue for the Applicant would be to request that the area surrounding and including their property be turned into a visitor Destination Area. Two VDA areas, i.e. Princeville Phase I and the Coconut Coast of Kapaa exist less than fifteen (15) minutes, each direction, from the subject location and single-family homes within these VDA's may be utilized for short-term vacation rental purposes. The Applicant is free to pursue their vacation rental business where it is acceptable and legally conforming with the underlying zoning. We believe the AG opinion written in 2009 speaks directly to this issue. > The subdivided lots of record were created in 1990. This body approved the preliminary and final subdivision of this property and in accordance with, the Subdivision Ordinance. While we appreciate the extensive discussion of HRS 205 and its affects upon this unreasonably requested use, many other restrictions exist that the applicant specifically agreed to via their Property Deed. These restrictions that run with the land include Zoning, SLUD's, Subdivisions, CPR's, and others. HRS 205 does not operate in a vacuum but instead must also adhere to other requirements as required by HRS 514, the CZO, the General Plan, and Approved Subdivision Restrictions. In that light, we ask that you review all pertinent documents including The Subdivision Ordinance (Chap 9, §-9) prior to your final decision. We believe this ordinance is inextricably tied to any legal use of the property within a Subdivision by its owners. ➢ Additionally, the applicant's TVR use violates the Final Public Report, the Declaration, and Bylaws of the Pu'u Awa Condominium Property Regime. TVR use also Violates their Farm Dwelling Agreement. All of these documents run with the land and are Deed Restrictions agreed to by the Applicant. ➢ Most importantly the Planning Department's discussion of Ordinance 904 states in part that, "The county general plan...... That the Development Standards and permit processes for regulating alternative visitor accommodation structures and operations in Residential, Agriculture, Open, and Resort zoning districts should be implemented through zoning." ➢ The desired use does conflict with its surroundings, as is evidenced by the community opposition. Residential use of Agricultural property is expressly allowed under 205a. Transient Vacation Rental is not. ➢ There is no reasonable reason that the proprietor/Applicant cannot establish a similar resort business within an existing Visitor Destination Area. ➢ The Applicant's Application and Affidavit are fraught with misinformation Contrary to the Apolicant's Application ✓ They have had at least (2) two notifications of violations accompanied by Cease and Desist letters. At no time did they cease operations. ✓ Property is described as a (6) six -bedroom (4 1/2) four and a half -bathroom home but was permitted as a (5) five -bedroom (3) three full and two half bathrooms. ✓ Plans submitted to Planning by the applicant, for the purposes of this application have added bedroom (6) six to the game room area. Plans submitted to State Health department show that area as Game room only. ✓ DOH has confirmed, no final septic signoff was provided by them, and a maximum of (5) five - bedrooms are allowed for a septic system. ✓ A new structure (a gazebo? Porte Cochere? Or perhaps a seventh (7th) bedroom?) was started and completed just days ago. Below Photos are from 9/22/2020) forward. It appears that the applicant has been rushing to complete projects prior to their inspection. There is no Zoning Permit or Building Permit for this addition within the public record. ✓ Applicant states "No new construction is proposed for this application." However, at the time of the TVR application a true representation of existing structure(s), driveways, grading, and grubbing were not presented. Additionally, there has been a copious amount of groundwork, a structure built, and perhaps other enhancements on the property. No Zoning permits have been applied for, no Building Permits have been applied for, and no CPR Authorization has been sought. The former two are requirements of Kauai County Code, when necessary, and the latter is required in accordance with HRS 514-a and/or HRS 514E Issues Worthy of Your consideration Please look at the people who have sent in letters or are testifying against this proposed use they are our community. You see doctors, scientists, farmers, retired police chiefs, housewives, widows, and nurses, all opposed to this unreasonable use given the preexisting property restrictions. The proposed use is extremely detrimental to this neighborhood and Flies in the face of those who have adhered to all of their Deed Restrictions. Approval of this application will destroy the rural, residential, nature of this Subdivision. As you all know, the number one issue facing the Kilauea area is potable water. In fact, all owners within the Puu Awa CPR were required to sign an Elevation agreement with the County Department of Water, including the applicant. This waiver informed each of us as owners that water pressure is extremely low particularly within those parcels that are closer to the water tank source. The neighboring uphill CPR, Waipake Heights, is only able to have sufficient water pressure through an elaborate system of County supplied water feeding into three pressurized tanks and one inline pressure pump. Yet, the Department's Report does not consider the strain additional unconsidered use will place on that vital piece of our infrastructure. The CZO defines Hotel as: "Hotel" means any building containing six (6) or more rooms intended or designed to be used, or which are used, rented or hired out to be occupied for sleeping purposes by guests when the rooms are open to the occupancy by the general public on a commercial basis whether the establishment is called a hotel, resort hotel, inn, lodge or otherwise which rooms do not constitute dwelling units". This is an application for a hotel, based on the CZO definition. It is important to note that contrary to Planning report the CZO does not contemplate a hotel in an Agricultural Zone. This will be the only TVR for miles in either direction and the only one existing within the Waipake Subdivision or Waipake Ahupua'a. It is disingenuous to lump us with unrelated Subdivisions and Ahupua'a located miles to the Northwest or South of our location. These units that have a history of being rented individually with as many as (18) eighteen to twenty-four, or more unrelated people occupying (6) six bedrooms. We ask you to contemplate the effects this arrangement amidst a deadly Global Pandemic could have on our island. The Corona Virus Today, we are in the middle of a worldwide Pandemic. Yesterday the united states of America and The County of Kauai logged the greatest number of new Covid-19 cases since the virus was discovered. Tourism has dropped to all-time lows and visitor accommodations within VDA's remain vacant or hardly used. There is no need at this time for additional visitor accommodations, particularly those that would negatively impact residential, or agricultural neighborhoods. A six -room hotel sharing a common kitchen, hot -tub, and bathrooms amongst dozens of.unrelated occupants, who are also sharing those common areas is a recipe for a disaster. Not just for the occupants themselves and all their home -area friends and family but for you and me, together with the entire Kauai Community. Approval of this application threatens us all. Therefore, the only sensible action is to deny this unneeded and unwanted hotel in a non-VDA area. Negative effects this TVR has on us, and the entire neighborhood • Endless late -night interruptions to sleep: By traffic, horn honking, bright lights shining through bedroom windows, and lost visitors looking for the "Hotel" late at night. Early morning awakenings to speeding cars, near collisions as "Guests" come out of applicant's driveway, way too fast, as they turn on to Kapuna, and meet the glare of morning light and oncoming traffic simultaneously. There have been several occasions when we with our grandchildren and pets have had to jump and run out of the way of speeding van loads of their guests. • The Resort's guests speed through the school zone less than .2 miles from them yet their application states the closest schools are Kilauea and Hanalei. • The Retreat Center visitors think the fruit on neighborhood trees is theirs for the taking. More than occasionally a "visitor' partakes of one of our Tangerines or Avocados. • In my 38 years here in this island paradise, I never needed to lock my front door, a gate, or my truck. But when your neighborhood fills with unknowns you worry about your family, your property, your animals. • The Applicant has, by whatever means possible, attempted to intimidate those neighbors who bring up serious concerns. They are both harassed and threatened if they ask one of her guests to be slow down while driving or be more considerate of property boundaries. Those who oppose her hotel, are threatened with lawsuits if the County denies their application of a NCUC TVR permit. Rather than taking concerns to heart, the applicant shakes her finger as she drives by, staring her neighbors down with a poor attempt at "Stink -eye". • Applicant States that access is through a common element easement and that all parking is provided on site. Applicant further states that all parking occurs on -site and that no parking occurs within that easement. That, simply, is not the case. The "Retreat Center' frequently has guests park on the grass shoulders of adjacent and nearby units that are maintained by other owners of units within the Pu'u Awa CPR and other neighborhood CPR's. • Without notice to their neighbors' large parties have occurred wherein they have commandeered large portions of a neighboring CPR unit. The Master File contains promotional material for a Yoga Retreat held at the subject property that espouses amongst other things: o "The Main Building contains a fully equipped kitchen and spacious, airy greatroom (sic), complete with comfy living room and dining area which easily accommodate a Crowd. • Their "employees" often park on our unit's shoulder or those of other parcels, being fearful of driving down the steep driveway. • The applicant themselves, park in the common element easement with their large trucks and equipment trailers. Each unit owns 25% of the common element easement, and each unit shares an equal amount of the potential liability. Only the smallest of Fire Department Pump Trucks might be able to get down that driveway wherein steep, curry, inclines and declines have limited lines of sight. That being, of course, when the easement is clear of traffic and parked vehicles. • We have witnessed the applicant's guests have near collisions both with other vehicles and/or fencing as they enter and or leave the common element easement. We sincerely doubt that the applicant insures the easement in case of any liability on the part of the common owner(s). We certainly know that we are not named on any policy as additional insured nor are any of the other owners indemnified against potential litigation occurring within or because of that easement. • The Applicant has shown no regard or respect for their neighbors as should be clear to all of you on the commission simply by looking at the sheer number of those who have signed the petition, written letters of opposition or have called in today, to voice their complaints and their heartfelt request to deny this application. The Applicants have had over a decade to get to know their neighbors and understand their concerns. But instead, resort to attempts at intimidation and thinly veiled threats. In conclusion: TVR use simply was never, and will never be, a legal non -conforming use, given the breadth of the Land Use Restrictions contained within the Applicant's: Deed, State Land Use Designation, Subdivision Approval, CPR documents, and County Zoning. Non permitted improvements alone should stop this NCUC from moving forward, as noted within the Planning Department's Permit Application Report "The Property and Operation are Subject to the applicable provisions of §8-17 of the Kauai County Code, in particular those provisions adopted by Ordinances No. 864, 876b and/or 904. Section 8-17.11 (a) also states the following: "violations of conditions of approval or providing. false or misleading information on the application or in any information relating thereto at any time during the application process shall be grounds for revocation or cease and desist orders. " Considerable misinformation was provided by the Applicant(s) within their Application, Sworn Affadavit and supporting documents. This Applicant had eight (8) additional years to disclose and rectify any issues that could have been corrected. They chose not to. However, even if they had made substantial disclosures, they would have been unable to correct those issues directly associated with the Violations of their Deed Restrictions that their TVR has caused, and they would continue to commit if approved. We humbly request that the Kauai Planning Commission stand firm and honor the original intent of all of the applicable Ordinances. Please do not let the Applicant's threats of litigation intimidate you or move you away from the law and common sense. We simply want to regain quiet enjoyment of the property that we have been denied by the Applicant. It appears that the Planning Department and Kauai County Government have become fearful of the Applicant's litigious nature. However, the right decision in this case is to vehemently deny this permit. Otherwise, you are encouraging everyone who is willing to disregard the law, Deed Restrictions, and their neighbors for the sake of a dollar. Thank you again for your dedication to assisting our community with planned Land Use growth in accordance with Kauai's community's standards and governing documents. Let us all stay true to the stated intent of the applicable ordinances. That is: To keep the fabric of Kauai's communities intact. We implore you, to deny this Application without prejudice, is both fair and just. Thank you again for your thoughtful consideration, and prompt denial of the subject Application, John and Kristin John F. Friedman (on behalf of myself and Kristin M. Zimmerman) Please find attached, via following email, a few of the photos we have, showing construction that has occurred without proper permits together with a few examples of the Applicant's commandeering of our easement area and individual properties for guest, trailer, and excavator parking. / t . \ NN R , + �i T•' FS� F4 f �h� / 1 al Kaua'i Planning Commission Re: Special Permit SP-2011-35 Glenda Nogami-Streufer, Chair Kaua'i County Planning Commission Via email: elanningdepartment@kauai.gov Re: Special Permit SP-2011-35 4670 Kapuna Road Aloha Commission Members, I am writing in my capacity as a concerned community member, and a professional in planning and architecture. I ask that the Planning Commission and staff carefully review the history of this application to ensure that this applicant has been given fair and legal consideration of their application per the Zoning Ordinance and associated court rulings. Given the 2011 application submittal date and a 2016 fifth circuit court ruling directing the County to issue the TVR permit, it would appear that the County may have been remise in it's duty to issue a permit to this applicant following the law and in a timely manner. While I understand that what follows is personal and outside of the commissions control, I cannot close this letter without mention of the character attacks in the written public testimony. It is quite discouraging to know that this sentiment resides in our community and that the ability to have respectful discourse with our neighbors is so greatly lacking. I would imagine, that there will come a day when these neighbors will need each other. The Chandler -Ferris family will come to their aid without question because that is who they are — full of true Aloha. I trust that the commission will not allow this type of testimony to influence a decision outside of what is legal, good, right and true. It is time for us — this community — to remember our humanity and find ways to work together. Kirsten Hermstad Resident Testimony of Dr Shabert on 10 November, 2020 to the Kauai Plaunillg COMMission l thank the Planning Commission for all6wing me to testify. My name is Dr Judy Shabert. I live on Kapuna Rd and I am strongly opposed to having a TVR permit issued for the property at 4670 Kapuna Rd which is in our agricultural subdivision. I am a physician trained in Obstetrics and Gynecology and I also have a degree in public health. This additional education allows me to observe health not only from the perspective of an individual patient but also how disease can affect a community. As all of you are well aware we are in the middle of a worldwide Covid-19 virus pandemic where 10,000,000 Americans have been infected and nearly 240,000 Americans have died. It is only through the efforts of Mayor Kawakami and his health care team that we have been abie to keep OUr infection rates low. However, with the opening of Hawaii to transpacific visitors, Kauai's infection rate has increased and the Mayor has indicated that this nuriber will continue to rise. Our current: � Z 7"'o NOV .1 0 2020 cases show that detection by pre -travel testing is imperfect at best. Estimates suggest that the pandemic will last for at least another 1-11/2 years. Thus all our current thinking and planning should focus on the long-term mitigation and control of this viral infection in our communities. The floor plan at 4670 Kapuna Rd shows that there are five bedrooms, three of which have doors that open to a common hallway. If all doors opened at the same time there would be a cluster of people within one to two feet of each other. There is only one small kitchen facility. Multiple reservations can result in up to 5 different groups of individuals comprising up to 15 people simultaneously renting in this one space. Imagine a house with these individuals from the US or a number of foreign countries and all visitors share a tight space and a single kitchen. From a public health perspective with our present case numbers increasing both in the United States and on Kauai approval of such a situation creates a disaster waiting to happen. With multiple visitors constantly moving in and out of the facility how can the boardinghouse -like building be adequately cleaned? How can CDC and Kauai guidelines be regulated and enforced? What will be the counties and owners response if cases in the facility are discovered and a "hot spot" emerges? How will the county provide protection and support to the law-abiding individuals who already live in this agricultural community? On the 14`h of February 2019 our mayor said, and I quote: "When illegal TVR operators blatantly break the law, they disrespect our community, our people, and our island. The time is now for our community to take back their neighborhoods." End of quote. We hope that the Planning Commission agrees with our Mayor and our agricultural neighborhood and rejects this TVR proposal. Thank you for your attention. Judith K. Shabert, M.D., M.P.H. 4341 Kapuna Road, Kilauea HI 96754 phone: 808-828-6190, jshabert@hawaii.rr.com Leslie Takasaki From: Marcia King <alaskaaloha@me.com> Sent: Monday, November 09, 2020 10:13 AM To: Planning Department Subject: TVR issue -Chandler family CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom it may concern: I am a homeowner on the Makai side of Kapuna (1991) and have lived on Kauai since 1986. 1 did not sign the petition. I consider myself a transplant. I try to keep my footprint small and stay within my boundaries and respect the beauty and the diversity around me. My first introduction to the Chandler family was at Hanalei Canoe Club. This brief email (because of a deadline), is to hopefully bring a bit of positive light to the whole issue of credibility. The Chandler family is huge. They have lived here long before any or most of us arrived. The possibility of survival on this island, requires hard work and compromise. We must all try and live together because we've chosen to live on an island with vast amounts of personalities. We've all been dealt certain cards and have had to balance and choose our directions the best we can. No one is perfect. The laws and rules are not perfect. The land is being consumed by out of state buyers who have no clue how to behave. The people who have been born and raised here, were taught in different ways; they are being compromised by the influx of outside mentality. I cannot comment of the TVR side of this coin. I can only say that the Chandler family would have my back, no matter what I confronted. They are my Hanai family ... they all have different personalities, behaviors, ideas and directions ... I have never had ONE negative encounter with any of the family. Since Covid, things are too up in the air to make decisions that will necessarily stick and be the best ones. There's too many unknowns. I don't know how the County can decipher everything and be consistent with anything right now, except keeping this island safe and encouraging everyone to help their neighbors and small business owners, so we can all survive. Compromise is in order for everything... there's always more than one way to "skin a cat" as they say. In closing, I'm not clear on all the facts, I just know that speaking negatively about the Chandler 0hana when everyone doesn't even know everyone, is sad. All this upheaval and TVR's may not even existing for ANYone when the dust settles... it is definitely not kind. Marcia King 4371 Kapuna Road Waipake �Z•bZ � NOV 1 0 2020 Leslie Takasaki From: Danielle Bartz <daniellebartz3@gmail.com> Sent: Monday, November 09, 2020 12:52 PM To: Planning Department Subject: Chandler home TVR CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To whom this may concern, I am writing in support of the Chandler home TVR operation. This rental has allowed various academic and research groups of students, like myself, to stay in NE Kauai for a reasonable price while carrying out community -based research projects. A hui of my graduate classmates and I stayed there while working on a community -based project collecting interview data from the people affected by the 2018 floods in NE Kauai. This home, and the Chandlers who welcomed us into it, are operating from a pono community mindset, unlike many other TVRs throughout the state. I fully support that this property gets the chance to be fully legally licensed and keep operating as they have been for many years. Mahalo for your time and consideration. Best Regards, Danielle Bartz Fy.b.wo NOV 1 0 202Y Leslie Takasaki From: Danie McReynolds <danie.mcr@gmail.rom> Sent: Monday, November 09, 2020 1:28 PM To: Planning Department Subject: Agenda Item F2b SP-2011-35 Categories: Yellow Category CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. November 9, 2020 RE: Agenda Item F2b SP-2011-35 Dear Planning Commissioners, I am writing in support of allowing the TVR classification to Hilary Ferris -Chandler. There is not a more conscientious, thoughtful, hard working, honest person than Hilary. There is nothing wrong with the operation of her TVR. Thank you, Danie McReynolds 3273 Kalihiwai Rd y NOV 1 0 2021 Leslie Takasaki From: Nlehana Vaughan <mehanav@gmaitcom> Sent: Monday, (November 09, 2020 2:57 PM To: Planning Department Subject: TVR permit application F2b SP-2011-34 CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. November 9, 2020 Aloha mai kakou, My name is tViehana Vaughan and I am a life long IGlauea community member writing in regards to Agenda item F2b SP-2011-34 for a TVR permit of the Chandler 'Ghana. 1 am keenly aware of the challenges and objections to transient vacation rentals in Kaua'i communities, and have watched the changes they have wrought on our home. However, I feel that this business, the Chandler home, Kamalukukui, has operated for over twenty years with no complaints from neighbors and in service to our broader Kaua'i community, and has worked for over a decade on the legal process to secure permitting. I have worked with the Chandler'ohana since 2016 to host my graduate students from UH Nlanoa (where I work as a profesor), on biennial field courses. For these classes, students travel to Kaua'i to assist with community efforts through research, for instance, working to document recovery efforts and lessons from the 2018 floods. My students have stayed at Kamalukukui five separate times. Always, the home is well cared for, gracious, with careful standards about the speed of entering the driveway, the volume of noise, quiet times at night and in the evening, and with limits on group size, locally sourced produce, and emphasis on being a pono visitor not just to the site, but to the entire island. Our research projects and classes are all grant funded, and we cannot house twenty students in a hotel to do their initial work and research, and again to return and share back what they find with the community. When we have no grants, or the grants are not enough to cover returning to share their work, Aunty has let our students stay for free. I have connected many off island groups traveling to Kaua'i for educational and cultural purposes to Aunty Hilary and her 'ohana, and those groups always leave grateful for the opportunity to stay N somewhere so well cared for, with a loving local 'ohana, for an affordable price. Weeks before the devastating floods of April 2018, I helped to host two Native Hawaiian charter school groups from O'ahu. High school students from Halau Ku mana were camping at 41aipa and needed to evacuate as Wai'oli river rose close to their tents. Aunty immediately was willing to house them and let them dry off and do laundry at no cost. A larger group of elementary students from Kamakau school in Ko'olau, Oahu, c got stuck on the highway at almost nine pm making their way back from visiting Hanapepe salt pond, to y Camp Naue where they were staying. A landslide at Kalihiwai meant that they could not reach their accommodations, and we needed to find places for over fifty students and twenty chaperones. Again, CD Aunty Hilary opened her place and housed the entire group. We need places in our community to house visiting'ohana and groups, including Kaua'i 'ohana who have had to move away returning for reunions, to malama graves, visit elders etc. Few Kaua'i `ohana can house all of our friends when they visit, and few local 'ohana can afford to put large groups in hotels, or the other TVR options available at very high prices. The only other north shore options are Naue, now easily cut off, and camping, which often is dangerous or inappropriate for kupuna, and subject to increasingly extreme weather events. As is the case with most local 'ohana hanging onto 'aina on Kaua'i, the Chandlers cannot afford to keep their family home without the opportunity to rent it. I know that they would prefer to rent only to local 'ohana and educational groups, and they have opened for a variety of educational activities, non-profit retreats and other such events. I wish there was a designation for facilities offering such services on agricultural lands as a way to get them out of the tourist market, as they have not yet opened since covid closed TVRs, and have no intention of doing so, for a long while due to immuno compromised 'ohana members. This is not a large operation, but only Aunty Hilary and her daughter, Kapua, cleaning all of the rooms and doing all of the laundry and serving as hosts, in the truest sense of the word, to all who visit. Without their TVR permit, they cannot continue to do the good work they do in the community, providing a much needed site for groups traveling to learn from and contribute to our island home. I realize that the planning commission contends with so many such permits and businesses which extract from Kaua'i giving nothing back, and also that you are working so hard on Pono resolutions to this difficult issue. Mahalo me ke aloha for all you do, Mehana Blaich Vaughan Mehana Blaich Vaughan Leslie Takasaki From: lash <lash@blackfoot.net> Sent: Monday, November 09, 2020 3:17 PM To: Planning Department Subject: Agenda Item F2b SP-2011-35 CAUTION: This email originated from outside the County of Kauai. Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. To Chair Nogami-Streufert and Planning Commisioners, My name is Lash Ashmore and I am writing in support of approving the Chandler -Ferris vacation rental on 4670 Kapuna Road (Agenda Item F2b-SP-2011-35) My wife Brenda and I have been coming to Kauai annually for over a dozen years. Several years ago we discovered Hilary's vacation rental and have been returning there each year. The home is secluded with only one other home in sight and is very peaceful with views of mountains, cattle pastures and the ocean. My wife and I, both retired teachers, especially enjoy the beauty and quietness of the home. Over the years we have come to know Hilary quite well and have developed a deep friendship with her. She comes to the house on an almost daily basis to tend to the numerous gardens that she has created on the premises and to ascertain that all is well. She does not intrude on us but is available to answer any questions we may have. She has demonstrated that she has a deep respect for the land and the home that her father built and left for her. She insists that as her guests we remember that there are others in the neighborhood and that our actions should not impact negatively on them. She is an exemplary ambassador for Kauai. Hilary is a very accomplished woman constantly working to improve herself and to volunteer in the community. I know that Hilary relies on this rental home as a major source of her income and it would be a travesty if it was denied to her. In conclusion Brenda and I fervently urge you to approve the TVR permit. It is an asset to Kauai. We look forward to returning and contributing to the economy of the island. If we can be of any further service in regards to this application please contact us. Most sincerely, Lash and Brenda Ashmore P. O. Box 1126 Seeley Lake, MT 59868 lash@blackfoot.net 406-210-1112 NOV 1 0 2020 u�C TJO CHAK SUPPLEMENT #3 'CO PLANNING DIRECTOR'S REPORT RE: Class IV Zoning Permit Z-IV-2021-5 Use Permit U-2021-4 Special Permit SP-2021-1 APPLICANT: `0Iv1A`0 RANCH LANDS LLC. Max W. J. Graham, Jr., Esq., Authorized Agent APPLICATION INFORMATION Attached for the Planning Commission's reference are testimony received from community members regarding the proposal through the permits referenced above (Refer to Exhibit `A'): By J \ Dale A. Cua Staff Planner Z-f V-2021 S, U-2021-4, SP-202 L I: Supplement N3 to Director's Report Omao Ranch Lands, LLC. l 1.9.2020 NOV 1 0 2020 EXHIBIT "A" (Public Correspondences) Oma'o Ranch Lands, LLC Exhibit `A' - Public Correspondence: - Marsha Bellinger - Dane Chambers - Kaua`i Chamber, mark Perriello, President & CEO ID LLC- � 2 - I v- 2t)1 2-1- S P10 . S 1 20 z! — ! ��tiv lam. k.� d� 1 Ixt ��� L! ftr, �- i +)• �—�dttits Cc C�Ce�f c/�-�.4-2� dt. UT�/ s •. `f�ea� �c.a�z. n� UT �s �,� �i�wG(,(,e-G�.QiI. 'Cie- (�t(�� y��� Q— ✓ CO'Yt�-r�LZ�k.� ,?�c..��k�Yt,rd..-2i , Yayn,tict-e-►ti� TV.6 , To whom it may concern: This letter is to express my support for the proposed special permit use for Omao Ranch Lands LLC. I am confident that the applicants proposed special use permit will add value to this island as an educational experience for both tourists as well as locals. We recently purchased 8 acres of land in the valley adjacent to the Omao Ranch lands and we understand the exuberant cost that come with caretaking extended amounts of acreage. In order for Kauai to return to a more agricultural based island, we need to do what we can to support individuals and businesses who are actively perusing this reality. I strongly believe that the Omao Ranch Lands are doing just that, from the aquaponic lettuces to the organically grown hemp, to their state of the art extraction lab. By supporting their zoning to become special use, we are in turn, supporting farmers and local agriculture. In conclusion, I urge you to support this project, and the re -zoning to a special use, as it can be a model of agricultural business that can help reshape what tourism looks like on Kauai. Dane Chambers KAUA11 CHAMBER November 9, 2020 Glenda Nogami-Streufert, Chair Planning Commission c/o County of Kauai Planning Department 4444 Rice Street, Suite A473 Uhu'e, Kauai 96766 RE: Support for Omao Ranch Lands LLC Use Permit U-2021-4, Class IV Zoning Permit Z-IV-2021-5, and Special Permit SP-2021-1 Dear Chair Nogami-Streufert and Members of the Commission: On behalf of the Board, staff, and over 400 members of the Kauai Chamber, I write to you today in strong support of Omao Ranch Lands' permit applications listed above. Allowing Omao Rach Lands to diversify their revenue generating activity is in line with a growing trend across the globe, as farmers seek ways to diversify and create additional farm related income to sustain their family farms. An increasing number of travelers are visiting farm enterprises. According to the most recent data available nationally (National Surveyon Recreation and the Environment), 63 million people visited farms. This is in addition to 20 million children who visit through school trips. Visitors spend an average of $45 per trip. Other research indicates that decisions to visit farms are based on convenience, diversity of attractions and the opportunity to purchase value-added products. Additionally, approving these permit applications will create opportunities for educational and recreational experiences to help sustain and build awareness and appreciation of our rural quality of life on Kauai. Thank you for your consideration in this matter. If you have any questions, please contact me directly. Aloha, Mark Perriello President & CEO - Kauai Chamber of Commerce — PO Box 1969, Uhue HI, 96766 — (808) 245-7363 - 0 Ka`nina S. Hull Director of Planning No APPLICANT COUNTY OF KAUAJ PLANNING DEPARTMENT SUPPLEMENT #1 TO PLAINNING DIRECTOR'S REPORT Amendment to: Class IV Zoning Permit Z-IV-1981-7 Use Permit U-1981-4 TMK: 1-6-010:006 Waimea United Church of Christ ADDITIONAL FINDINGS Jodi A. Riguchi Sayegusa Depury Director of Planning i "T '10 CHANGE Attached for the Planning Commission's reference is a memorandum from the Deputy Director concerning the historical review of the proposed development in lieu of the Kauai Historic Preservation Review Commission (KHPRC) review (Refer to Exhibit `A'). By Marisa Valenciano Staff Planner Amendment Z-IV-1981-7 U-1981-4 Supplement %I to Director s Report WrnmP. I Inited Chl,h of Chris# 11. 10.2020 �y � .1.b. NOV 1 0 2020 EXHIBIT "A" (Historic Review) DEPARTMENT OF PLANNING ° 9 THE COUNTY OF KAUA'i 1 DEREK S. K. KAWAKAMI, MAYOR e ov MICHAEL A. DAHILIG, MANAGING DIRECTOR MEMORANDUM To: Glenda Nogami-Streufert Planning Commission Chair From: Jodi A. Higuchi Sayegusa, Deputy Planning Director Date: November 6, 2020 Re: Amendment to Class IV Zoning Permit Z-IV-1981-7 and Use Permit U-1981-4 TM K: 1-6-010:006 Applicant: Waimea United Church of Christ Waimea, Kauai KA'AINA S. HULL DIRECTOR JODI A. HIGUCHI SAYEGUSA DEPUTY DIRECTOR In response to the ongoing COVID-19 Emergency, the Kaua'i Historic Preservation Review Commission (KHPRC) has postponed all meetings until further notice. In lieu of the KHPRC's review, the Department has been reviewing applications until the KHPRC meetings resume. In evaluating this project, the following points were taken into consideration: Project Background The applicant is proposing to add four (4) columbarium walls to be located outside and adjacent to the existing columbarium structure. Each columbarium wall contains 32 niches and is 17.5" wide, 116.5" long, and 59.5' in height. In addition, a new concrete pad will be constructed to anchor the outdoor niches in place. The proposed improvements will be situated away from the church and will not negatively impact or detract from the historical integrity of the site. The construction materials of the niche walls will blend in with the exterior aesthetics of the stone church and the surrounding tombstones. 2. Historical Background on the Subject Site According to the Department's records, the Great Stone Church/ Waimea Foreign Church was built between 1846-1858 by the local community under the direction of the Rev. George Rowell. The stone church maintains distinguishing architectural features and materials that add to the historic integrity of the building. www.kauai.gov 4444 Rice Street Suite A473 • Lthu'e, Hawaii 96766 • (808) 241-4050 (b) • (808) 241-6699 (0 An Equal Opportunity Employer The stone church is surrounded by a graveyard with tombstones located to the sides and to the rear of the building. The church cemetery is the resting place of its members as well as significant historical figures associated with our past. 3. Historic Register and Historic Inventory Although the Waimea United Church of Christ is considered a historic property under HRS-6E 42, it is not currently listed on the National or State Historic Register. However, the Waimea United Church of Christ is eligible to nominated to the National and State Historic Register under the U.S. Department of Interior's four National Register of Historic Places (NRHP) Criteria. The Waimea United Church of Christ is also identified on KHPRC's historical inventory list. 4. Archeological Sites Given that the subject site maintains an existing cemetery, it should be noted that there may be the potential for inadvertent findings. Department Determination Based on the information provided and that is available to us, the Department has conducted its historical review of the proposed project and has no objections to the proposed construction of outdoor niches adjacent to the existing columbarium. If approved, the Department recommends the following conditions to further enhance the historical integrity of the site: Condition: The new exterior niche walls should look similar to the existing columbarium and the surrounding buildings, architecturally and aesthetically. If you have any questions or concerns, please contact Marisa Valenciano at mvalenciano(a-)kauai.gov Mahalo! c\users\jhiguchi\appdata\local\microsoft\windows\temporary internet files\content.outlook\7zi m la4j\khprc_wa imea ucc_memo2pc_2020.11.02.docz