Taneʻs comments:
The thought-processes mean that ALL cemeteries are subject to removal
based on development plans that can better utilize the land for its
scenic beauty and surrounding environment. This would put Oahu
cemetery, Nuʻuanu cemetery, Punchbowl Cemetery, Kaneohe Memorial
Cemetery, Diamond Head Cemetery, Mililani Cemetery, The old Catholic
Cemetery on King St., etc. subject to displacement for its prized
location in advance of development for the living just on Oʻahu alone.
This new wave of thought would create the demand for cremation and
scattering of the ashes to accommodate better development of the land.
Hawaiian burials were done in secret so the bones wouldnʻt be
defiled.
The practice of imbedding plants or rocks at the grave-sitewould
no longer matter; as are cut-flowers or food for the departed spirits
or loved ones and headstone markers would no longer be necessary to
encumber such prime property. Forget religious implications and
practices as they no longer are relevant to the society. Corporate
pecuniary interests of developers are foremost in utilization of the
land to enslave the people and dehumanize them are paramount. This
brings a heightened evolution to a capitalistic society that would rival
the pyramids of Egypt, the Great Wall of China, and the Gardens of
Babylon. We could eliminate the costly government agencies that were
meant to protect the natural terrain in lieu of an artificial, man-made
environment to build a better beehive to induce robotic conditioning.
The utopian Shangrilla will take on a new meaning in an artificial
world.
Itʻs a new dawn; a new world; a new matrix. Now, isnʻt
that something
to look forward to in this line of reasoning? ...itʻs only just begun.
Tane
From: kekahunakeaweiwi@yahoo.com
Date: Mon, 23 Aug 2010 11:30:40 -0700
Subject: Hawaii Supreme Court reverses ICA on burials
against us "native Hawaiians" in the SOH is fraudulent.
Saturday, August 21, 2010
Hawaii Supreme Court reverses ICA on burials (August 2010)
By Henry Curtis
The Oahu Island Burial Council (2006) approved General Growth Properties proposal to move `iwi so that General Growth Properties could build
their Ward Village Shops Project.
Paulette Kaleikini challenged the issue before the Oahu Island Burial Council during their September 13, 2006 meeting:
“Kaleikini
asked for the location of where the inadvertent burial was found on the
property and the reason why there was no additional testing. She feels
that there wasn’t a complete survey done and the survey should’ve been
completed before any piles were driven into the ground. ...Kaleikini
asked how the other seven burials were found....Kaleikini thanked
General Growth for making an attempt to redesign but feels that they
could do a better job. She thanked the other families who have come
forward and shared her relationship to the land. She said that the
council should listen to the mana‘o of the ‘ohana first and not the
developer because that was the purpose of why this council was
established. She said that the kupuna do not have options other than
what is decided here today. ...Kaleikini asked why the project would not
be able to proceed if the iwi were left in place.”
The Oahu
Island Burial Council then approved a “Motion to relocate the previously
identified Native Hawaiian burials located within the Ward Village
Shops Project area.” Yes (6), No (3), Abstain (1)
Represented by
the Native Hawaiian Legal Corp (David Kimo Frankel and Moses K. N. Haia
III), Paulette Kaleikini requested DLNR for a contested case hearing
under HRS 6E. The request was denied. She appealed. The Circuit Court
dismissed the case ruling "that it lacked subject matter jurisdiction."
The Intermediate Court of Appeals (ICA) rejected the appeal stating the
case was moot.
The Hawaii Supreme Court
ruled that Paulette Kaleikini’s appeal "falls within the public
interest exception to the mootness doctrine" and that "the circuit court
erred in dismissing Kaleikini 's agency appeal for a lack of subject
matter jurisdiction". The case has been remanded back to circuit court.
Chief
Justice Moon, joined by Associate Justices Paula Nakayama and James
Duffy, wrote the opinion. Associate Justices Mark Recktenwald and Simeon
Acoba wrote separate concurring opinions.
Associate Justice Mark
Recktenwald wrote in his concurring opinion: “I concur in the result
reached by the majority. ...I write separately to emphasize my view that
the circuit court erroneously applied Kaniakapupu and therefore
erred in dismissing Kaleikini’s petition. ...I believe that it is
appropriate to consider this case under the public interest exception to
the mootness doctrine in order to clarify the scope of the holding in Kaniakapupu. Accordingly, I
concur in the result.”
Joan Conrow writes: “The plan was
endorsed by a 6-3 vote of the Oahu Island Burial Council ...Not all
Burial Council members are Native Hawaiians or cultural practitioners;
some members are appointed to represent development interests. The
Court's decision underscores an important point that has been brought up
repeatedly by preservationists, and that’s the need for developers to
do good archaeological surveys before they design their projects and
begin construction.” (www.kauaieclectic.blogspot.com/)
Joan
raises a good point. Who is on the Burial Councils? This raises another
question. How will this court decision affect other major projects such
as Rail?
Chair Mark Kawika McKeague (6/2013) works for Group 70. McKeague voted against the Motion to relocate `iwi as desired by General Growth
Vice
Chair Hinaleimoana
K.K.W. Falemei (6/2012), is the Director of Culture at Halau Lokahi
Public Charter School and former President of Kulia Na Mamo; B.Ed.
Education; B.A., Hawaiian Studies, University of Hawaii at Manoa.
Carolyn
"Kehau" Kehaunani Cachola Abad, Ph.D. (6/2013) M.A. Anthropology (1992)
Ph.D. Anthropology (2000), UH Manoa, Thesis: An Analysis of Hawaiian
Oral Traditions: Descriptions and Explanations of the Evolution of
Hawaiian Socio-Political Complexity. A spokesperson for Na Kumu o
Kamehameha (1997), Director of Kamehameha Publishing (2008), Kamehameha
Endowment Legal Division (2010). Abad abstained from the Motion to relocate `iwi as desired by General Growth
Cy
M. Bridges, (6/2011). President of the Native Hawaiian Hospitality
Association; He began the Polynesian Cultural Center`s hula halau in
1980, continuing today as the Center`s Theater Director.
Angela
Lemaile Ehia-Quitevis (6/2012), Member DMZ Hawaii Aloha ‘Aina, her
partner Kamoa Quitevis, is a Native Hawaiian, Navy veteran and Hawaiian
cultural monitor, said he strongly opposes the Stryker unit and harshly
criticized the revised EIS. He said he has seen the damage done to
cultural sites because of the military presence in the Islands.
Alice
U. Greenwood, (6/2011) is a long time resident of Waianae and is noted
for her knowledge and expertise in Native Hawaiian culture and history,
especially in the repatriation and reinterment of Native Hawaiian burial
sites. Testimony in support of her nomination was submitted by the
Office of Hawaiian Affairs, and the Lualualei Ahupua'a Council. Greenwood voted in favor of the Motion to relocate `iwi as desired by General Growth
Andrew
Keli`ikoa (6/2011) is currently employed as a Senior Construction
Inspector with the Honolulu Board of Water Supply and is also a member
of the Royal Order of Kamehameha I. Keliikoa voted in favor of the Motion to relocate
`iwi as desired by General Growth.
Shad Kane (6/2012)
Retired from the Honolulu Police Department in 2000. He is a member of
the Kapolei Hawaiian Civic Club and former chair of the
Makakilo/Kapolei/Honokai Hale Neighborhood Board, the Kapolei Outdoor
Circle, the Friends of Honouliuli, Ka Papa O Kakuhihewa and the
Makakilo-Kapolei Lions Club. He is also the Ewa Representative on the
O'ahu Island Burial Council and a Native Hawaiian Representative on the
Native American Advisory Group (NAAG) to the Advisory Council of
Historic Preservation in Washington DC.
T. Kehaulani Kruse,
(6/2010) Worked for Sheraton Hotels (1960-69); Alu Like (-1979); Nature
Conservancy of Hawaii (1979-89).Outrigger Hotels & Resort (1989-94).
Kruse voted in favor of the Motion to relocate `iwi as desired by General Growth
Aaron D. Mahi (06/2013) former longtime director of the Royal Hawaiian Band, and member of the Prince Kuhio Hawaiian Civic
Club. Mahi voted in favor of the Motion to relocate `iwi as desired by General Growth
Jace
L. McQuivey (6/2001) is the Vice-President and General Legal Counsel
for Hawaii Reserves, Inc., charter board member and officer of the
Native Hawaiian Hospitality Association, and member of the Lanihuli
Hawaiian Civic Club. McQuivey voted in favor of the Motion to relocate `iwi as desired by General Growth
The Oahu Island Burial Council must sign off on the proposed Rail Project.
Replies
Aloha kakou,
Nope. There is a law that says all recognized cemeteries cannot be changed into anything else. Unless it is a Hawaiian cemetery it seems. Then you can do anything you want. Pour cement footings over them, bury them in concrete under the drive way, dig 'em up, pave them over with a road.
For the sake of fairness, i feel that a centrally placed casino is imperative for the akaka tribe and propose that it be built in Punchbowl. Pour the foundation over the graves, pave over parking lots. What the heck, the burials will still be there, they will not be disturbed once they are under a couple of feet of concrete. You can keep a map of locations so that loved ones can go the appropriate part of the lobby, slot machines or parking lot under which the deceased are located.
One can imagine the uproar that would happen if one even discussed this. But a Hawaiian graveyard, you can do this with impunity. They should fairly enforce their own laws that they have on their own books now.
Malama pono,
Kaho`ola