Tuesday, October 13, 2009 Judge Denies Motion by Kawaiahao Church, State to Drop Remains Suit Advertiser Staff A Circuit Court judge has issued a key ruling against Kawaiahao Church and the state in a lawsuit that alleges state burial laws were circumvented to allow the church's expansion plans to be fast-tracked. Circuit Judge Karl Sakamoto today denied motions by the church and state to dismiss the case, according to attorney George Van Buren, who is representing Abigail Kawananakoa, a descendant of Hawaiian royalty who alleges her ancestors' remains, including those of Queen Kapiolani, were improperly disturbed. Van Buren said that in denying the motion, Sakamoto shot down a key argument made by the church and state: that because the church maintains an active cemetery it is subject to less stringent regulations that do not require a hearing before the Oahu Island Burial Council, which is tasked with reviewing construction activity on properties that contain burial remains. Construction on the site has stopped. Crystal Rose, attorney for the church, could not be immediately reached for comment.

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  • hey i did ts pople so leasestop fighting you driving me cocos who is real descendants to who i thought we are all family sowat already she not or real direct she wasmarried to my family so if eddward my uncle ws alive what would he say to all of thi, weall hve to malama the land and take care one anothkawannakoa is getting older and our kupunas ae leavn me and i feel she is like my lastt the lineal and hawaiian wahine you need to contact back withme, i did not even know that all in all this family and all of you is related to me i am like stuck 9in the middle of yo u all and we all ned opono what one day jesus cme what we cantke lands with us to heven tnk not n what if heaven was ner to the ourkingdom and his kingdom how would he feel al fo us figting well kapiolani let her rest, she and the rest of our royals they need a break, i too am saddewn of this burial thiny i wethead and did not like kawanaka sueingthem because jesus is not the tp to sue we ll so supoostowork s a fmily ot sue or rat each othr out well gotto go tina
  • Aloha Tane,

    Here is something I came across in my Howard Zinn book:

    "And although our opponents are fighting for their homes and we on foreign soil, we weldom have any difficulty in overcoming them... I have dwelt upon the greatness of athens because i want to show you that we are contending for a higher prize than those who enjoy none of these privileges."
    (Pericles 233)

    Zinn compares this to: "Similarly, American presidents in time of war have pointed to the qualities of the American system as evidence for the justness of the cause."

    The booty from our graves have always been the prize for grave reserchers in the fake state of Hawaii. Which is why only international scrutiny should be allowed. Not that I am saying that it is okay to rape and pillage our iwi by human dogs. Miss you Kaohi
  • I may be just rambling, bit isn't Queen Kapiolani buried at Mauna'ala? Also Princess Pomaikalani? Another idea is right behind the sanctuary is a gated burial of the white missionaries. Why don't they build there; remove thier iwi and put them in storage somewhere? What's good for the goose is good for the racist gander. Maybe they'll think twice on the isssue.

    It was mentioned that the rail construction would probably encounter some of our burials and the question wasa how would they handle that? Our dilemma is that traditionally, the burials were done in secret and that many are stil burial caves known to very few or completely forgotten with the premise that the iwi would never be disturbed or desecrated. Maybe they'd stop and think, if we unearth the burials in Punchbowl and stick their iwi in a cargo container. Of course, we have some family buried there and it would be contradictory, eh? But they've already desecrated our other family's iwi; so what's the difference? Bah! Humbug!

    Maybe we should change the burial ordnance and have only cremation and have ashes scattered. Put an end to burials. Wouldn't that stir up some real kukae, eh? They've been irreligious and disrespectful in every other way, why not? We could use the land for other purposes.

    They forget that these burials belong to our fammily no matteer how long ago they were interred. That's the problem with the settlers who have no history in the islands except for recent history. They think we are extinct; yet here we are still walking on the land.

    The U.S. culture is only over two hundred years. They're an immigrant makeshift country from Europe with a defined beginning versus our ongoing culture and history that predates them for over two thousand years. Did we miss something? Their manifest destiny doctrines birthed by the Papal Bulls is still ongoing and should be stopped.

    Tane
    • They will take direct descendants, then direct lineal descendants. So Kawananakoa's will have standing before you Amelia Gora. However both of you are not blood tied so that would be up to DLNR to decide. If I came in I'd be blood tied but I'm not going to step into kuleana that does not have concerns of me here on the big island...let descendants on that side take care of it if they want to. However, the church would have a standing on its own for other issues. Hana'i may not be part of their rulings in this instance. Next would be "cultural descendants" - in that order of protocol. The main issue outside of the iwi is what Kawaiha'o Church is doing with their project. If I was a member of that church I would voice my concern to their board and make a change to history of the DLNR/OIBC And do the following:

      1). Put the remains back and cover it up .
      2). Have a proper ceremony to put the iwi at rest.
      3). Redesign the building to give honor to the burial site

      Something of this magnitude will set changes in the way we handle any bones we find - GIVING THEM RESPECT OVER PROJECTS AND NOT THE REVERSE! This kind of change, although costly
      to the church pocketbook will bless them and those they touch down the road. KINA'OLE!
  • Amelia,

    I read your post last night and I was elated! I printed out your posting and was intended to respond immediately, but I went to bed instead. I thank you for doing such an excellent job. I totally forgot about the inhumane treatment to our iwi in the pathway of water, electric, oceanic cables. This horrorible treatment of our ancient souls and spirits, how dare progress disrespect our ancient ones?

    How in the world did you think to couch the argument on--rail project. That is so intelligent, and the city and county have a policy or city ordinace as to what to do when they find iwi during there construction projects.

    I thank you for not playing by their rules, men at war and women and children as slaves to depleted uranium a project extermination.

    Oahu Burial Council siding with Kanaka Maoli is a given, however I am weary on of the military because of their possession of over 3,000 sets of bones from Kaneohe Marine Base. Also too, Hickam Air Force Base.

    I wish you well with your genealogy and it's connection to the issues of today. Once again if the Queen was he in the physical form she would applaud you for your work to save humanity. I intend to return to this site. Wiht much aloha Kaohi
  • Amelia,

    I pray you had a good day.

    Amelia wrote:

    "Queen Kapiolani was the hanai sister of my grandmother........there are many unresolved issues.......Queen Kapiolani's sister was Princess Poomaikelani who was the grandmother of my grandmother.......

    Kawananakoa is not the only relative of Queen Kapiolani, etals............will be submitting our documents to the burial council as well."

    I know if Queen Kapiolani was here she would say job well done--Amelia. Kaohi
  • The dogs run wild when it wants to be heard. In our elementary schools we always have to remind our children to stand in line, and wait their turn. But, there is always a child trying to be the leader and do mean things they learned from home to be in the front of the line. It means a lot to a child to lead and behavior can be taught, so we have line leader names posted on job boards. Each child has a turn at being the line leader.

    My grandfather use to Kahea at the bones of his ancestors in Maunawili, but first he would put my dad under the Pukinikini tree first. The bones were removed by the state without my dad's knowledge. However here is what the state/Bishop Museum did they invited my dad up to the site to tell them about the pukinikini tree (yeah right!). To their surprise caught in a crime, my dad asked them what did they do with the burials? The response was that they took it out for scientific research, so where are the bones? Where is the repratriation? Where are the ukana that went with the burial? This distrubance will debunk all claims, I know it-- they know it and simply have too much wealth and power to phantom their presence as something that is less than human. A bi-pedler dog that dig for bones to knaw and grind it's teeth to a fashionable sharpness like a vampire that needs to annihilate humanity.

    He had my dad identify Sam Ahnee to superceed my grand tutu Edward Niaupio who was highly respected throughout Koolaupoko and was not without knowledge of the ancients. He kept the peace between missionaries, ali'is, makaainana and all foreigners. But, we shall see how much damage is done to validate the leaders of know nothing, but think they are something.

    It's imperative that white people keep their dirty hands off these bones because of the spirit that lies within.

    I wish Amelia that you could go to Salem in Boston and get a greater understanding of how these vampires work and work well with people of wealth and power. I know the concepts and text to text understanding are good working papers but to put the rules of a dog digging up it's favorite bone doesn't make this humanly right, in fact, it wipes out history and whole cultures. Blatant genocide, that is the only explanation. Much of your ohana's behavior comes from Boston.

    Amelia,

    I hope you don't have rules of 1,2,3 for white mans contamination of human spirit and their souls like your distant relative?

    This thread was disturbed with white wash and not sure if we can continue without the skills to meandering around stupidity. Kaohi
  • Just stopping by for the hearing will not do you good. You'll be able to speak but proper paperwork will have to be filed for DIRECT/DIRECT LINEAL DESCENDANTS and CULTURAL DESCENDANTS. They will probably not have those paperwork at the hearing so go do your homework....you might have to file under CULTURAL DESCENDANTS if you are not blood tied.
  • Malama Pono, I will be mindful at this time, let me know what happened? Kaohi
  • I'm glad too, will this be the stop for all burials? kaohi
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