Ka Wai Ola - Office of Hawaiian Affairs, Volume 16, Number 8, 1 ʻAukake 1999 — Ka Paʻakai O Ka ʻĀina [ARTICLE+ILLUSTRATION]

Ka Paʻakai O Ka ʻĀina

ON JULY 2, Ka Pa'akai O Ka 'Aina received news the Third Circuit Court had upheld our appeal of a County of Hawai'i Planning Commission decision to grant a Special Management Area Use Permit for work to be done at the shoreline of Ka'ūpūlehu, North Kona. The decision is part of a process begun in December of 1994. At that time, in alphabetieal, not pohtical hierarchy, Ka Lāhui Hawai'i, the Kona Hawaiian Civic Club and the Protect Kohanaiki 'Ohana eame forward as interveners in a contested case hearing before the State Land Use Commission. The LUC was deliberating the reclassification ffom the conservation to the urban designation of approximately 1 ,000 acres of land at the shoreline of Ka'ūpūlehu, North Kona. Given the similarity of perspectives

and the complimentarity of representation, the LUC suggested forming a eoalihon. There were naysayers that doubted the compahbility of the coalition, the abihty to work productively with eaeh other. However, it is a compatible and productive relationship. There is no debate of who is more sovereign than whom. There is no debate on votes about voting. There is focus on the objectives. There is focus on the tasks at hand. When the time has eome to litigate through administrative and judicial proceedings, it has been done. When the time has been to lobby whether before agencies or the legislature, it has been done. Hāhai pono mākou. The name "Ka Pa'akai O Ka 'Āina" was given the coahtion by a mānaleo. It is a reference to the pa'akai for whieh Ka Lae Manō at Ka'ūpūlehu is renown and to those who are of the land. Other kupuna have noted the

kaona of the pa'akai being used by the po'e Hawai'i as a preservative and of the coahtion's work being that as well. There is also appreciation of the simile, of the people being likened to the individual crystals of salt coming together to form the whole and further of the fluid thing, the kai,

made pa'a, firm. While awaiting the decision of the Hawai'i Supreme Court on the appeal of the Land Use Commission's decision to grant the reclassification, the applicant went ahead with the SMA use permit mentioned above. Though the Third Circuit's decision may be appealed, we are none the less gratified by the determination. Should we need to, we trust we will be there with eaeh other, if back to court we go. Īhe focus of Ka Pa'akai O Ka 'Aina is the land use planning process, whether the requirements of County Rules, State Statutes and Federal Acts are being implemented, in this case the failure of the County of Hawai'i Planning Commission or Planning Director to promulgate Hawai'i Revised Statute Section 205-A-2(c)(8). Recently the OHA Committee

on Budget and Finance made a unanimous commitment to planningaswell. At its June 29, the "trust fund budget" was considered. A unanimous decision was made to defer most of the Board of Trustees' program and project initiatives and most of the administration's program and personnel initiatives until such time as the Board of Trustees develops and adopts a spending formula and prioritization. Given the parsimony of the legislature and the uncertainty regarding ceded land revenues, we cannot but manage our assets efficiently and plan our expenditures prudently. There are a number of heartfelt initiatives proposed and they are best put into the context of a spending plan. So on that day the members of the committee eame together like so many individual crystals coalescing into a whole. We were as the kai made pa'a. ■

[?]