There are two sets of principles. They are the principles of power and privilege and the principles of truth and justice. If you pursue truth and justice it will always mean a diminution of power and privilege. If you pursue power and privilege, it will always be at the expense of truth and justice. ~ Chris Hedges

1. MAUNA KEA
Hawai`i Supreme Court Decision on Pohakuloa Litmus Test for TMT
Public Trust Duties All-Encompassing, All-Embracing
Failure to Join Indispensable Pohakuloa & TMT Parties Fatal
Sua Sponte Reopening by Hawai`i Supreme Court Mandated
(BIVN) – The Hawai`i Supreme Court on Friday affirmed an April 2018 circuit court ruling
that the State of Hawai`i breached its trust duties in regards to its Pohakuloa Training Area
(PTA) lease.
Hawai`i Supreme Court decision on the various circuit court rulings on Pohakuloa:
 Denial of the State's motion to add the United States as a party: Affirmed
 Denial of the State's motion to dismiss the case for failing to join an indispensable party:
Affirmed
 Denial of the State's motion for summary judgment: Affirmed
 Finding that the State had breached its trust duties: Affirmed
 Order requiring the State to undertake any activities not expressly stated therein: Vacated
“The Pohakuloa lease is unrelated to the Thirty Meter Telescope permit, however TMT
[Thirty Meter Telescope] ”... “opponents say the State's breach of its constitutional trust
duties bolsters the need for them to “take things into [their] own hands.” ~ Pu`uhonua o
Pu`uhuluhulu, Kaho`okahi Kanuha
Source: Hawaii Supreme Court Rules State Breached Trust On Pohakuloa Lease By Big Island Video
News. August 25, 2019 <https://www.bigislandvideonews.com/2019/08/25/video-hawaii-supreme-court-rules-state-breached-trust-
on-pohakuloa-lease/>
_____________________________
DLNR Chair Suzanne Case – On Leadership
I see nothing … I hear nothing … I know nothing
Don't ask me, this is a decision for Governor David Ige
Kahele [Senator Kaiali`i “Kai” Kahele, 1st Senatorial District, Greater Hilo, Island of
Hawai`i]. first talked about Pōhakuloa Training Area, the state lease for which is up in 2029.
“I was at Pōhakuloa yesterday and watched live-fire exercises,” Sen. Kahele told Case
[Suzanne Case, Chair, Hawai`i Department of Land and Natural Resources]. “I was surprised
to find out from the base commander there that they don't ever go into the area that
experiences the live-fire, where the munitions end up, even post exercise. They don't go in
there because of potentially unexploded ordnance. I don't know if those lands are part of the
state’s inventory…” [Clarification Supplied]

2. “No, they're federal,” Case said.
“Regardless of that, how are we dealing with circuit court's ruling, in regards to DLNR's
custodial management and care of the leased lands to the U.S. Army?” Kahele asked.
“The finding at the circuit court level was that we violated the public trust by not requiring
sufficient cleanup,” Case said. “We didn't agree with that, and that's on appeal. There was no
finding that the lease itself was breached. It wasn't even alleged. The court ruling required us
to come up with a plan to do regular monitoring and ensure clean up. So our land division did
work on a plan, we took it to the land board in the fall, and then took it to the court in
December, and I believe the court recently approved the plan. So now we have this monitoring
plan in place.”
“How are negotiations going with the US Army for the lease?” Kahele asked.
“They're really in the beginning stage of the process,” Case answered, adding that Kahele is
correct, “that they don't fire into the state lease land. To the extent that they do live-fire, they
do it from” state lands.
Kahele then turned to the Thirty Meter Telescope project planned for Mauna Kea, wondering
if the observatory is close to getting a Notice To Proceed with construction on the mountain.
“That's in process,” Case said. “That's a process for – I guess it's TMT – to submit their plans
to the Office of Conservation and Coastal Lands for review. And they have to review them for
whatever consistency with the Conservation District processes, but also for the consistency
with the conditions set forth in the permit.”
“So they have not submitted their construction plans?” Kahele asked.
“I believe that they have submitted some preliminary plans that are, at least, for one phase that
are under review,” Case said.
“With what you have now – submitted from them – would you be able to issue a Notice To
Proceed?” Kahele asked.
“I don't know. I haven't seen anything,” Case said.
Kahele then turned to the Mauna Kea master lease, currently held by the University of
Hawai`i, which expires expires on December 31, 2033. Kahele asked Case for her thoughts on
a concept for Mauna Kea “where the state of Hawaii issues a master lease for the summit of
Mauna Kea, with a certain allocated fixed rent, and then it’s up to the lessee – which would be
the University of Hawaiʻi – to then sublease portions of Mauna Kea to various telescope
entities to meet the master lease values to fund the Land Division rather than master leasing it
for a dollar, we could master lease for right $5 million, right? $10 million.”
“I think that would be a really important point in the next review of the lease,” Case said. “It's
set up, basically, as a non-profit lease. It's set up to to facilitate astronomy on the mountain.
The question of actual rent from the master lease is an open question, and I think deserves
review.”

3. “I know [the Office of Hawaiian Affairs] has concerns about it,” case added, “because
they want to ensure that value to the state is recognized for OHA, as well. So it’s it's a
open discussion issue.”
The Senate Committee passed along the nomination with a recommendation to Advise and
Consent. The full senate will next vote on the nomination.
Source: DLNR Chair Gives Pohakuloa, Mauna Kea, TMT Update By Big Island Video News. April
24, 2019 <https://www.bigislandvideonews.com/2019/04/24/video-dlnr-chair-gives-pohakuloa-
mauna-kea-tmt-update/>
___________________________
VIEW FROM THE TOP
“The Office of Hawaiian Affairs (OHA) is a Self-Serving Money-Grubber”
THE REALITY
SHOULDERS WE STAND UPON
We come together from across our pae `āina and across our generations.
First and foremost, we stand upon our `Āina and the natural elemental life forces our ancestors
honored as Akua – Kanaloa, Kāne, Lono, Kū, Hina, Pele, Hi`iaka, Haumea and Wākea.
We stand upon the shoulders of our `aumākua who are with us here today.
We stand upon the shoulders of King Kamehameha III and the Council of Chiefs who
conceded to foreign demands to establish a system of private property, but had the wisdom
and foresight to reserve the right of access through public and private lands for Native
Hawaiian hoa`āina. The system of land ownership that they established for Hawai‘i is unique
and different from the system of land ownership in the United States because it reserves the
right of access for Native Hawaiians.
The right to enter private and public lands enables us to fulfill our responsibilities as Native
Hawaiians for subsistence, cultural and religious purposes. The acknowledgement of these
rights and responsibilities is rooted in Section 7 of the Kuleana Act of 1850, as amended in
1851 – which survived the Provisional Government, the Republic and the Territorial
Government and persists as Hawai`i Revised Statutes 7-1. It is reinforced by Hawai`i Revised
Statutes 1-1 that encom- passes Hawaiian usage and the common law. It has been expanded
and invigorated by Article XII. Section 7 of the Hawai`i State Constitution.
We stand upon the shoulders of those communities, hui, `ohana and kūpuna who did “puka
through” the racist colonial systems to form important models of how to organize ourselves as
Native Hawaiians and establish important precedents that provide a solid kahua for our `Āina-
based Movements.
__________
OHA `Āina-related Advocacy Approach
[Emphasis Supplied]

4. 1. Be proactive versus reactive,
2. Defend existing policies: land disposition policies, environmental review (cultural
assessments), water code, process/opportunity to be heard, protection for `iwi kūpuna,
3. Pass new policies to provide further protections and create opportunities for resources,
4. Provide important recommendations that are community-specific, for example to save
East Maui water,
5. Vote!
________________________________________________________________
THE HAWAI`I SUPREME COURT
The judiciary has one mission — to provide justice.
We offer a fair and impartial forum where people can peacefully resolve their disputes.
We strive to ensure that the peace they find is a lasting one by helping them address the
causes of what brought them before the courts.
And, we provide justice for all, regardless of the person's background or economic
status.
Hawaii Supreme Court Chief Justice Mark E. Recktenwald
State of the Judiciary
January 25, 2019
<https://www.courts.state.hi.us/news_and_reports/2019/01/chief-justice-delivers-state-of-the-judiciary-address>
PONO