2015 Hawaii Revised Statutes
TITLE 1. GENERAL PROVISIONS
6E. Historic Preservation

PART I. HISTORIC PRESERVATION PROGRAMPART II. MONUMENTS AND MEMORIALSPART III. PACIFIC WAR MEMORIAL SYSTEMPART IV. MISCELLANEOUS PROVISIONSPART V. CRIMINAL OFFENSESPART VI. SOUTH KONA WILDERNESS AREA

Note

Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.

State law enforcement memorial. L 2011, c 14.

Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, 1.

Cross References

Allowance of indigenous Hawaiian architecture by county ordinances, see 46-1.55.

Kaho olawe island reserve, see chapter 6K.

Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.

Ulu ulu: The Henry Ku ualoha Giugni moving image archive of Hawai i, see 304A-1864.

Law Journals and Reviews

Ensuring Our Future by Protecting Our Past: An Indigenous Reconciliation Approach to Improving Native Hawaiian Burial Protection. 33 UH L. Rev. 321 (2010).

Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).

Case Notes

As the protections provided by this chapter to human skeletal remains and burial sites do not turn on religious distinctions, plaintiff's interest in protecting family members' unmarked burials and native Hawaiian burials were not extinguished by the burials being "Christian burials"; plaintiff thus had standing on plaintiff's claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

Where plaintiff asserted that: (1) plaintiff had family members buried on the church grounds; (2) plaintiff was a native Hawaiian and a recognized cultural descendant of the iwi found on the church grounds; (3) plaintiff had a traditional and customary practice of caring for iwi; (4) plaintiff was concerned that family members may be buried in unmarked burials on the church grounds; and (5) the disturbance of unmarked burials of family members or other cultural ancestors would cause plaintiff injury and harm, plaintiff had standing to raise claims under this chapter. 128 H. 455 (App.), 290 P.3d 525 (2012).

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