Ka Wai Ola - Office of Hawaiian Affairs, Volume 13, Number 2, 1 Pepeluali 1996 — Individual Claims Review Panel [ARTICLE+ILLUSTRATION]

Individual Claims Review Panel

by Kīna'u Boyd Kamali'i Trustee-at-large As we go to press, a total appropriation of $350,500 in trust fiinds has been approved by mv land and sovereientv eom-

mittee and the committee on budget and finance. These monies will support the work of the Department of Hawaiian Home Lands Individual Claims Review Panel by paying for the hire of two additional investigators and covering the costs of providing legal services to beneficiaries with claims against the state.

In 1988, the state Legislature passed the "native Hawaiian judicial relief ' act. This law responded to Hawaiian demands for the "right to sue" in two ways. First, for any violations to the OHA or

DHHL trasts whieh occurred after July 1, 1988 - actions to stop or repair such breaches could be filed in court. The state dropped its "shield of sovereign immunity" - the ffustrating but constitutional doctrine that government ean onlv be sued bv its citi-

zens if the government consents to the suit. Hawaiians successfully argued that the beneficiaries of every other trast ean sue in court to protect their assets and to assure proper trust management, The only ones denied this right-to-sue were children, incompetent adults, and Hawaiians. Hawaiians now have the right-to-sue - but only for breaches

after 1988. The Legislature was deeply troubled and, frankly, afraid of the cost if Hawaiians were given the right-to-sue for trust violations between 1959 - when Hawai'i became a state

and, by the terms of the Admissions Act, accepted responsibility for the Hawaiian homes and ceded lands trust - and 1988. Thus, the second part of the judicial rehef act required the govemor - then John Waihe'e - to prepare and submit to the Legislature "a plan to resolve controversies" related to the Hawaiian trusts. In 1990 this plan was presented to the Legislature. Critical pieces of proposed legislation accompanied this plan - most importantly, to clarify the OHA trust and to describe the elements of a "past due" settlement of revenues owed OHA from 1981-1990. Also a part of this plan was the creation of a native Hawaiian individual claims panel eommission. This commission is to receive, investigate, and after hearings, to recommend to the

Legislature the settlement of out-of-pocket damages or restitution for harms suffered by individual beneficiaries of the Hawaiian home lands trast. As set forth in the charts below, more than 4,000 claims by native Hawaiians have been filed with the individual claims panel. This appropriation is now scheduled to go to the full Board of Trastees for approval. This action is enlieal to the integrity of the claims process, because the governor's office — through budget director Earl Anzai — has indicated that it wants $330,000 in state funds to fight Hawaiian homes beneficiaries and their claims. Without OHA's support, claimants will only know another violation of their trust.

STATUS 0F CLAIMS (As of December 31, 1995) FBed Wtth Pane) 4,327 Not Accepted (Peoding) 475 Closed by Ltr. 52 Aecspted For lBYestigat«m 3,789 Voloatarily Dismissed After Acoeptance 14 lnvestiga!ions Compieted 230 Under lnvestigation 3 545 DispositioD of Claims - lEvestigatiotis Compieted 230 Dismissed 17 Decision by Panel (liability 0nly) 62 Favorable to Claimant - 42 Favorable to Respondem DHHL - 11 Retnanded to Hrgs. Off. - 9 Hrgs. 0ff. Derision/Review by Panei Pending 3 Hearings Heid/Awaiting Hrgs. 0ff. Decision 4 Settlement Hearings Scbed«ied 126 No. of Aetive Cases 3,747 (lnvestigation, Hearing, Panei Decision, Hrgs. Off. Decision, Settlement)

CLABLS BY CAIĒG0RY (AsofDecetnber31, 1995) Number Accelerated Awards 300 Accclerated Awards w/0tber lssues 70 Construction of Homestead i()g Iufrastructure (Water, Sewers, Roads, etc.) 23 Leases 21 Laans 25 Lost App&alioiu 197 0tber 247 Quaiifications 400 Successorship Rights 84 Waiting List 1,823 Waiting List w/0ther issues 1,029 T0TAL 4,327