1) Closing arguments were heard in a case where a Maui resident argued that a development project disturbed about 180 ancestral burials. 2) The deputy attorney general argued that protecting burial sites is an "accommodation" and that archaeological surveys are not required to find all burial sites, to minimize further disturbance. 3) Hawaii law requires work to stop if burial sites are inadvertently discovered and for the Historic Preservation Division to ensure burial sites are protected, but the deputy attorney general argued surveys do not need to be fully comprehensive.

1. STATE OF HAWAII – MAUI COUNTY
HISTORIC PRESERVATION – ANCESTRAL BURIAL SITES
BEWARE OF THOSE WHO SPEAK WITH FORKED TONGUE
CLOSING ARGUMENTS HEARD IN MAUI LANI ANCESTRAL SITE CASE
Complaint by Maui resident argues that project has disturbed about 180 burials
By Colleen Uechi, Assistant City Editor, The Maui News
March 19, 2019, accessed Marh 20, 2019
http://www.mauinews.com/news/local-news/2019/03/closing-arguments-heard-in-maui-lani-ancestral-site-case/
NATIVE HAWAIIAN CULTURE AND HERITAGE MERELY AN “ACCOMODATION”
Deputy Attorney General Daniel Morris
SHPD [State Hiistoric Preservation Division] “is doing their best to accommodate the
need to protect and respect these iwi by increasing the area, taking away homes
from the developer.” [Emphasis and Clarification Supplied]
Definition of accommodation – Merriam-Webster Dictionary
“Something supplied for convenience or to satisfy”
FACTUAL COMPLETENESS, FULL LEGAL COMPLIANCE
NOT REQUIRED
FOR ARCHAEOLOGICAL INVENTORY SURVEY
Deputy Attorney General Daniel Morris
[J]ust because burials were found after the survey was completed doesn't mean the
survey was inadequate. That cannot be the test of adequacy for an AIS
[Archaeological Inventory Survey]. AISs are not designed to find every shred of
every historical property on the development site. If they did, the disturbance to the
iwi would be monumentally greater.”
HAWAII REVISED STATUTES CHAPTER 6E
HISTORIC PRESERVATION
TITLE 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES
SUBTITLE 13 - HISTORIC PRESERVARION DIVISION
CHAPTER 300 - RULES OF PRACTICE RELATING TO BURIAL SITES AND HUMAN REMAINS
§13=300-40 - INADVERTENT DIISCOVERY OF HUMAN REMAINS
HAR § 13-300-2

2. "'Inadvertent discovery' means the unanticipated finding of human skeletal remains
and any burial goods resulting from unintentional disturbance, erosion, or other
ground disturbing activity."
HRS §6E-43.6; HAR § 13-300-40(b) [In Part]
Upon receipt of a report of an inadvertent discovery, SHPD shall do the following: 1.
Assure that all activity in the immediate area of the humanskeletal remains ceases
and that appropriate action to protect the integrity and character of the burial site
from damage is undertaken. [Emphasis Supplied]
THE BURIAL COUNCIL LAW
https://dlnr.hawaii.gov/shpd/files/2016/09/SUMMARY-OF-LAW-FORMATTED-white-pages.pdf
HAWAIIAN BURIALS
PROTECTING NATIVE HAWAIIAN BURIALS
http://dlnr.hawaii.gov/shpd/about/branches/ibc/hawaiian-burials/
For at least two thousand years, native Hawaiians have placed the earthly remains
and spirits of their “kupuna,” or ancestors, within the landscapes of Hawai’i.
When a departing kupuna was laid to rest there was never a doubt that their
remains would empower their descendants until they themselves were reduced to
earth. Some kupuna were covered by stacked stones while others were buried with
no surface markers at all, frequently in sand dunes.
Remains of high chiefs or those kupuna of high honor often were interred at night
to conceal their location from jealous rivals who might steal and degrade or
otherwise use the spiritual power of the remains for personal gain.
Because of these cultural practices, ancestral bones can be found almost anywhere
in Hawai’i today. Burial sites are often accidentally disturbed either by nature (high
surf or erosion) or by human activity through projects that involve excavation.
If you discover a burial site: stop activity in the immediate area; leave remains in
place; contact the State Department of Land and Natural Resources, Historic
Preservation Division and your County Police Department. Reporting a burial site
disturbance is required by law (Hawai’i Revised Statutes, Chapter 6E) and severe
penalties could result when SHPD is not notified of such disturbance.
LET US ALL CONTINUE TO GIVE THESE ANCESTORS THE DIGNITY AND RESPECT THEY
DESERVE. BECOME A PARTNER IN PRESERVING AND PROTECTING HAWAIIAN BURIAL
SITES.