Find Court Cases > Hawaii v. Office of Hawaiian Affairs

Hawaii v. Office of Hawaiian Affairs

Case Date: 02/25/2009
Docket No: none

Facts of the Case 

The Office of Hawaiian Affairs (OHA), filed suit against the state of Hawaii to prevent the transfer of "ceded" lands for the purpose of private development. The OHA was established to manage the proceeds from lands ceded by the Kingdom of Hawaii following its overthrow by the United States. The lands were marked to provide for the benefit of native Hawaiians. The OHA argued that "any transfer of ceded lands by the State to third parties would amount to a breach of trust" and would be without consideration of the claims of native Hawaiians to those lands. However, the trial court held that the State did have the power to transfer the lands. The OHA appealed.

The Supreme Court of Hawaii overruled the trial court's decision and remanded the case with instructions to issue an injunction to prevent the transfer of ceded lands from the public trust. In its reasoning, it cited Ahuna to illustrate that the State as trustee of these lands was under an obligation to administer the trust 'solely in the interest of the beneficiary' (native Hawaiians). Further, it gave great weight to the Apology Resolution passed by the United States Congress in 1993 to mark the 100th Anniversary of the overthrow of the Kingdom of Hawaii. This resolution stated that "native Hawaiians (1) 'never directly relinquished their claims to… their national lands to the United States,' and (2) 'are determined to preserve, develop and transmit to future generations their ancestral territory.'" Therefore, the court held, it was the responsibility of the State of Hawaii to preserve the ceded lands in the public trust, at least until such land claims were resolved.

Read the Briefs for this Case
  • Brief Amicus Curiae of Center for Constitutional Jurisprudence In Support of Petitioners
  • Brief Amici Curiae of the Native Hawaiian Legal Corporation, Association of Hawaiian Civic Clubs, Hawai‘i Maoli, Native Hawaiian Chamber of Commerce, ‘ilio‘ulaokalani Coalition, Council for Native Hawaiian Advancement, And I Mua Group In Support of Respon
  • Brief Amici Curiae of Equal Justice Society And Japanese American Citizens League In Support of Respondents
    • Question 

    Does the symbolic Apology Resolution restrict the State of Hawaii's sovereign authority to transfer publicly held land for private development, at least until claims over such land are resolved?

    Argument Hawaii v. Office of Hawaiian Affairs - Oral ArgumentFull Transcript Text  Download MP3 Conclusion  Decision: 9 votes for Hawaii, 0 vote(s) against Legal provision: The Apology Resolution

    No. A unanimous Supreme Court held that the Apology Resolution did not restrict Hawaii's sovereign authority to transfer publicly held land for private development. With Justice Samuel A. Alito writing for the Court, it reasoned that the language of the resolution did not indicate the creation of new substantive rights that could limit the actions of Hawaii.