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]
Note: A proposal of the 1978 Constitutional Convention adding a section 7 defining the terms “Hawaiian” and “native Hawaiian” was not validly ratified. Kahalekai v. Doi, 60 H. 324, 590 P.2d 543. In view of the holding, the revisor has deleted the section and renumbered section 8 as section 7 under the authority of Resolution No. 29 of the 1978 Constitutional Convention.