Chapter 674 — Chapter 674

PART I. PURPOSE AND DEFINITIONS §674-1 Purpose. The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for actual damages arising out of or resulting from a breach of trust, which occurred …

§674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State. (b) The findings and advisory opinion shall be signed by a…

§674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any leg…

§674-13 Legal adviser. The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter. [L 1991, c 323, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §40]

§674-14 Annual report. The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twen…

PART III. JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL NATIVE HAWAIIANS §674-16 Waiver of immunity. (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary du…

§674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breac…

§674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]

§674-2 Definitions. As used in this chapter, unless the context otherwise requires: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Actual damages" means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.5 and conse…

§674-20 No implied liability or award. In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L…

§674-21 Attorney's fees and costs. In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1991, c…

§674-4 Tenure and compensation of members. The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.…

§674-5 Panel staff; power to contract. (a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt bas…

§674-6 Rulemaking powers. The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the …

§674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the Stat…