Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 5, 1 May 1999 — Page 12 Advertisements Column 1 [ADVERTISEMENT]

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Good-Faith Effort ? You be the judge:

The Hawai'i Supreme Court urged the Office of Hawaiian Affairs and the State of Hawai'i to negotiate — in good faith — a settlement to the case of OHA vs. State. The negotiations stem a 1996 ruling by Circuit Judge Daniel Heely that found the state had not paid what it owes from the Puhlie Land Trust to the Office of Hawaiian Affairs. For the past eight months, these negotiations were conducted by OHA trustees and members of the State's negotiations team. The following facts are provided to ^ demonstrate whether or not a good-faith effort was put J \ forth by both parties: W

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Are both parties acting in good faith OHA vs. State of Hawai'i? A message from the Office of Hawaiian Affairs ^■r!# ' Workingfor a better Hawai'i. www.0HA.org

• 1998 • 1999

Supreme Court recommends negotiations to settle state delinquency. OHA, State begin negotiations; OHA makes eall for mediator to assist BOTH parties in reaching a settlement. OHA makes numerous offers to settle the Heely case. State does not. OHA offers to meet any time, any plaee; makes further offer. Court-imposed deadline for negotiations passes; negotiations eontinue. OHA makes further win-win, written proposal for settlement. State makes no detailed written offer. State representatives attempt to introduce issues unrelated to the foundation of the Heely case. For example, as a condition of settlement,the state wants OHA to waive its right to ever file another suit against the state. If the state truly intends to treat Hawaiians fairly, why would it EVER ask OHA (or anyone else, for that matter) to agree to give up their lawful right to seek justice in the courts? Governor Cayetano tells reporters he doesn't feel a settlement ean be reached by the end of the '99 legislative session, in part because OHA will not give up its lawful right to seek justice in the courts. Honolulu Star-Bulletin, April 20, 1999. OHA continues to seek settlement of the Heely case.