www.starbulletin.com > News > 8/28/09
CHURCH PROJECT HIT WITH SECOND SUIT
By Nina Wu
A second lawsuit has been filed against Kawaiaha'o Church and the state to block the disinterment or relocation of iwi -- native Hawaiian remains -- at the construction site of its multipurpose center.
The Native Hawaiian Legal Corp. filed suit in Circuit Court on behalf of plaintiff Dana Naone Hall of Maui earlier this month.
Naone Hall, who has family members who attended the church and are buried on the grounds, says in the suit that the church should have completed an archaeological inventory survey and gone before the Oahu Island Burial Council before starting work on the center.
The suit further alleges that the church, as well as the state Department of Land and Natural Resources, ignored a 2005 archaeological report recommending that a survey be done. Instead, the church and state worked together to expedite the project and circumvent the purview of the burial council.
The suit also says the church discovered 24 burials at an on-site construction staging area -- prior to the discovery of 69 others, as reported to the state -- and should have informed the burial council but did not.
Naone Hall's suit follows in the steps of another one filed in July by Abigail Kawananakoa, who is also seeking to stop the church from any further work at the burial plot of her ancestors, Queen Kapiolani and King Kalakaua.
The Department of Land and Natural Resources said it could not comment on pending litigation.
"We are disappointed in the allegations against Kawaiaha'o Church made by Ms. Hall," said the church in a written statement. "However, we look forward to resolving this matter and resuming work on the new facility, which will allow the church to carry out its mission and better serve the congregation and the community."
The church is waiting for a disinterment permit from the state Department of Health so it can continue construction.
The law was changed in 1990, she said, to put a process in place to protect native Hawaiian burials. This process requires any burials classified as "previously identified," which she says should be the case for these iwi, to fall under the jurisdiction of the burial council.
Given that construction has not yet started on new sewer, water and electrical lines, Naone Hall says the church has enough time to complete an archaeological inventory survey and have the burial council consider the matter.
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On this subject though...I am glad (in assumption) that direct/direct lineal descendants are stepping up to care for iwi. I am ashamed at what is happening. You find bones, you stop and downsize the project to be in respect of the iwi. As to Kawaiha'o Church stating that Abilgal is not a direct lineal are they meaning because she was "adopted"into the paternal line of Keawe-a-Heulu and therefore correct she is not true blood ties? LOL ..That also is another issue for discussion but the fact that a direct/direct lineal descendant is necessary in the filing with the 'Oahu Island Burial Council, proper protocols must be done. Iwi is there to rest plain and simple. You find 'em, stop and notify proper authorities and then place it back don't remove 'em. They were there before you dug it up.....old hawaiian style say, "No good dis kine leave 'em alone they were there first." It's unfortunate that proper paperwork was not keep of the grounds to know iwi was there. DOWNSIZE THE DEVELOPMENT TO RESPECT THE IWI - THAT IS THE SIMPLE REMEDY EVEN IF THIS BREAKS ANY CONTRACTS SIGNED WITH DEVELOPERS AND COSTLY TO REDESIGN, THAT IS THE PENALTY ONE PAYS FOR THE INADVERTENT MISTAKE TO RESPECT IWI!
Not all Hawaii churches today are "all business". Kalahikiola Congregational Church of Kohala visited by the royals of the past with my Naihe ancestors; being in affiliation due to it's branch of protestant connection provided to it's members and recorded staff of it's head church an apology of any direct or indirect influence as rumored to be with any past members or boards in the illegal occupation/dethronement of the Hawaiian Kingdom. Months ago this was reported to us as members and I was shocked and elated in a same breath of the fact they donated lands to I believe OHA from whatever research they did to remedy the nasty deeds that was done in what was recorded in the past that deemed not to be pono. It can not remove the scar from the history that has taken place, but it sure did provide a record of making right what seemed not common practice as a church function. It did not go into detail of what exactly was the injustice but found that with this transaction it gives the record of history some peace of overturning stones that brought up severe issues of conduct on a moral and ethic standard. It was genuine and put forth with integrity. Although we are a protestant congregation our movement away from the "rumored initial political hat" provided us to add the name "Congregational" to its name. We are separate and part of the United Church of Christ. The split in history of the past is due to the social impact of change that needed to occur with issues that were not morally and ethically sound as a church body. Church and state needed to be separate so we are a body of members that "takes care of our own and not part of a dictatorship of having to run a church sanctuary to any code of conduct of a "Mother Church". Hope this makes sense for although members of the church in the past was part of a political movement, it changed down the road after these members passed away....SMILE
Today our small body of 75 faithful members (not including children for you must be baptized/accepted the Lord as your savior and voted by the board to be a member after meeting this criteria.) Very simple, and foremost spiritually connected, we can come together and rebuild our church that cost over 2 miillion not just in funding but in time and energy. Our ancestors of the past made an impact in "growth" of a church. Since they have passed on, we are left as the supporters in continuity of seeing things get done and approved by it's local members and local board - we handle which what needs to get done and we seem to do a great job - our rebuilding of our church is a perfect example of not having it "overcome us" but we have over come the obstacle of a very large and expensive undertaking without taking out any building loans....RIGHT ON I SAY!
ALOHA Mai, e Ululani, Our ancestors are calling to us. There is a High Rise Condo that Kawaiahao owns the land and had our ancestors bones moved so that they could build the Condo. I'm Outraged that Kawaiahao had built the Community Hall there that I attended meetings there. Not knowing that I was standing on the Bones of our Ancestors during the meetings there. This is HEWA to Da Max.... Also now to know that Kawaiahao wants to build a large Community Hall there on the Resting Places of our Ancestors.
Long Live The Hawaiian Kingdom, o Pomai
Replies
Malama Pono, Stephanie
Malama pono, Lana
Today our small body of 75 faithful members (not including children for you must be baptized/accepted the Lord as your savior and voted by the board to be a member after meeting this criteria.) Very simple, and foremost spiritually connected, we can come together and rebuild our church that cost over 2 miillion not just in funding but in time and energy. Our ancestors of the past made an impact in "growth" of a church. Since they have passed on, we are left as the supporters in continuity of seeing things get done and approved by it's local members and local board - we handle which what needs to get done and we seem to do a great job - our rebuilding of our church is a perfect example of not having it "overcome us" but we have over come the obstacle of a very large and expensive undertaking without taking out any building loans....RIGHT ON I SAY!
Long Live The Hawaiian Kingdom, o Pomai