LEGAL VICTORIES

A proposal to develop a large scale resort and a marina at Kohanaiki met with controversy from the Kona community.  The Kohanaikii ‘Ohana was born of community advocates who believed in the importance of respecting and preserving native rights, culture and the environment.  We also felt it was critical to bring awareness to governmental agencies that it must adhere to the constitutional provisions that protect these rights.

After years of lawsuits regarding shoreline access, the protection of Hawaiian cultural practices and public trust resources, the community achieved a victory at Kohanaiki.

Our efforts resulted in two landmark Supreme Court victories:  PASH and PIlago vs.Hawaii County Planning Commission, and Ka Pa’akai o ka ‘Aina vs. the State Land Use Commission.  The PASH/Kohanaiki decision affirmed the constitutional rights of native Hawaiians to exercise traditional and customary practices.  The Ka Pa’akai o ka ‘Aina decision affirmed that government agencies cannot delegate its authority to another agency to determine the impacts of proposed developments. It mandated that impacts upon customary and traditional practices of native Hawaiians and on the environment must be determined as part of its decision-making process.

After these legal victories, the Kohanaiki ‘Ohana worked to create a new law in the state of Hawaii to require Cultural Impact Statements along with Environmental Impact Statements for all future large-scale development.  Act 50, the Cultural Impact Statement Law was adopted in 2000.

Following the legal and legislative victories, and two years of negotiations, the developer agreed to downzone the shoreline from Resort to Open Space and to dedicate over 100 acres to the County of Hawaii for a public park.  The Kohanaiki ‘Ohana worked to forge the Good Faith Agreement to create an innovative shoreline park, managed by a 3-way partnership between the landowners, the County and the Community.

The Shoreline Park was dedicated to the County in 2013 and is now one of the most popular beach parks on the island for surfing, camping, fishing, gathering and other family-building activities.  We have developed a Native Plant Garden and Cultural Learning Center.  The Park is home to one of the largest traditional style halau/hale, a 17’ Navigational Star Compass and the native plant garden has over 25 varieties of thriving Canoe Plants, native and endemic plants.