Urging The Governor To Comply With The Hawaii Supreme Court Ruling In Kalima V. State Of Hawaii And Stop Opposing The Payment Of Damages To Beneficiaries Harmed By The State's Breach Of Trust.
Impact
The resolution, if heeded, could significantly impact how the state handles claims related to the Hawaiian Home Lands Trust. The Supreme Court determined that beneficiaries are entitled to seek monetary compensation through the courts for mismanagement of the trust over a substantial period, specifically from 1959 to 1998. This highlights a legal precedent that may compel the state to address long-standing grievances and provide restitution to those harmed. Addressing these claims could also restore faith in governmental accountability among native Hawaiian communities.
Summary
Senate Resolution 99 urges the Governor of Hawaii to comply with the ruling of the Hawaii Supreme Court in the case of Kalima v. State of Hawaii, which found that the state had breached its trust obligations to native Hawaiian beneficiaries of the Hawaiian Home Lands Trust. The resolution emphasizes the need for the state to cease opposing the payment of damages to individuals affected by this breach. Established in 1991, the Hawaiian Home Lands Trust Individual Claims Review Panel has faced significant delays in resolving claims, exacerbating the plight of over four thousand beneficiaries still awaiting resolution.
Contention
Despite the court's ruling, there remains contention between the state and the beneficiaries, as the state has continued to appeal decisions that recognize its breach of trust. This ongoing litigation reflects a broader debate about the responsibilities of the state towards native Hawaiians, and the resolution serves as a clarion call for the Governor to align with judicial findings rather than contest them. The resolution underscores a historical struggle for justice among native Hawaiian beneficiaries, who have faced bureaucratic hurdles and delays in obtaining their rightful claims.
Same As
Urging The Governor To Comply With The Hawaii Supreme Court Ruling In Kalima V. State Of Hawaii And Stop Opposing The Payment Of Damages To Beneficiaries Harmed By The State's Breach Of Trust.
Urging The United States Department Of The Interior To Work With The Office Of The Governor, Department Of Hawaiian Home Lands, United States Congressional Delegations From Hawaii, And Sovereign Council Of Hawaiian Homestead Associations To Make A Determination In Support Of Act 80, Session Laws Of Hawaii 2017.
Urging The United States Department Of The Interior To Work With The Office Of The Governor, Department Of Hawaiian Home Lands, United States Congressional Delegations From Hawaii, And Sovereign Council Of Hawaiian Homestead Associations To Make A Determination In Support Of Act 80, Session Laws Of Hawaii 2017.
Urging The Hawaiian Homes Commission To Consult Beneficiaries Of The Hawaiian Homes Commission Act Regarding Alternative Waitlist And Award Prioritization Based On Lineal And Generational Descendancy For Hawaiian Home Lands Located In Hana, Maui.
Urging The Hawaiian Homes Commission To Consult Beneficiaries Of The Hawaiian Homes Commission Act Regarding Alternative Waitlist And Award Prioritization Based On Lineal And Generational Descendancy For Hawaiian Home Lands Located In Hana, Maui.
Urging The Governor To Comply With The Hawaii Supreme Court Ruling In Kalima V. State Of Hawaii And Stop Opposing The Payment Of Damages To Beneficiaries Harmed By The State's Breach Of Trust.