Iwi Protection as Traditional Property Rights

June 14th, 2019, at the Second Circuit Court, Wailuku, Maui, Judge Joseph Cardoza of the Maui Environmental Court ruled that Malama Kakanilua, an Iwi protection group, had the right to a Contested Case Hearing on archaeological permits issued. The group was denied a hearing by the U.S. Occupational Government’s State Historic Preservation Division (SHPD) when they put in complaints against Archeological Services Hawaii for alleged Kupuna Iwi disruption at the Maui Lani development.

Judge Cardoza took the ruling a step further by saying that protection of Kupuna Iwi are part of Native Hawaiian “property rights”, which are guaranteed and codified in the U.S. Occupational Government’s Hawaii State Constitution Article XII, Section 7. In this video, Malama Kakanilua member and appellant Clare Apana reacts to their significant win as well as the implications it will have.

See the full State of Hawaii Constitution here.