Attorney Allen K. Hoe has been a member of the Land Use Commission for eight years. Since September 8, 1994, he has served as its chairman. His second and last term on the LUC ended June 30.
Recently, Hoe, who is part-Hawaiian, has become closely involved with a new Hawaiian political party called Hui Kalai’aina, which describes itself as a “Hawaiian political societe.” The name is taken from the party that stood behind Queen Lili’uokalani at the time of the 1893 overthrow of the monarchy. Among other founding members (all men) of the party are two men who were closely involved in the Ka’upulehu proceedings: Bob Lindsey of Kamehameha Schools/Bishop Estate and Francis Kauhane.
(Kauhane became involved in the Ka’upulehu petition when he participated, on behalf of Bishop Estate and the developer, in an effort to effect a memorandum of agreement involving the Hawaiian groups that intervened in the hearings, the developer, and Bishop Estate concerning access issues. Those efforts were fruitless: as one of the people involved told Environment Hawai’i, there was no give-and-take. “Bishop Estate wasn’t interested in anything we had to say, and, in any case, they were insisting we drop out of the LUC hearing as a condition of any agreement,” the person said. “What they offered us was nothing we didn’t have already,” in the wake of the Supreme Court’s Kohanaiki decision.)1
At times, statements of Hoe and Lindsey in the LUC hearings on the Ka’upulehu petition follow closely statements made in the political ads of Hui Kalai’aina.
Here, for example, is the statements of Hui Kalai’aina with respect to the trusts established by Hawaiian ali’i:
“Hui Kala’aina believes that Hawaiian institutions must assume a role in the quest to restore a sovereign Hawaiian nation. The trusts established by our ali’i are rooted in traditional forms of governance. Na ali’i were enabled with the mana along with the responsibility to manage the ‘aina for the benefit of the Hawaiian people.”
The same sentiment crops up in a question and comment Hoe addressed to Marion Kelly, a witness for Ka Pa’akai o ka ‘Aina: “We have five ali’i trusts that generally still continue a pre-contact system of land tenure and their role as landowner, land manager, Hawaiian entity….[I[n essence, it would seem to be more of an appropriate function for the Hawaiian community to sit down with this Hawaiian landowner to resolve these issues as opposed to asking a non-Hawaiian entity, which we are as the Land Use Commission, to impose certain aspects of regulation that may or may not be responsive to Hawaiian issues.”
Or consider the party’s position on pu’uhonua – places of refuge. “Hui Kalai’aina believes that a network of pu’uhonua must be re-established – special places where Hawaiian is spoken, knowledge is shared, artifacts protected, na iwi kupuna cared for,” says a statement in a political ad appearing in the January 1996 publication of the Office of Hawaiian Affairs, Ka Wai Ola o OHA. “We believe pu’uhonua will serve as a dynamic and perpetual life sources of Hawaiian culture….”
In his March 1996 testimony, Bob Lindsey stated: “I only know of one pu’uhonua that’s talked about or which is on the maps, and that’s the one at Honaunau. We need more pu’uhonua for our people and for others.”
On Bishop Estate
At times, Hoe sounded almost fawning in his effusive comments about Bishop Estate and Lindsey, its Big Island land manager. On March 23, 1995, for example, Hoe said to Lindsey:
“I think this is somewhat historical…As you’ve indicated, in over 100 years of existence, this is the first time that all the trustees are part-Hawaiian. And I think it’s the first time that there’s been a change in terms of membership or composition of the trust, to the extent where we have three brand new trustees over a period of two years. I think their actions – to date, anyway – speak very highly of their commitment to their fiduciary duties both to the document [Bernice Pauahi Bishop’s will] as well as to themselves [sic!] and to their fellow Hawaiians.”
And later, the same day, before Lindsey was dismissed as a witness: Before I excuse you, I don’t know about the rest of you guys, but I feel compelled to put in my two cents again. I feel I’m extremely pleased and proud of the fact of what is happening here today, this afternoon. I am Hawaiian. I am the chairman of this commission. Mr. Lindsey, you represent a very significant part of our heritage, our ali’i. And the interveners, for them to be here, for them to participate, for them to be as articulate and concerned and respectful, I think everyone needs to recognize that today. And mahalo- thank you, Mr. Lindsey.
Closing Statement
At the end of the hearing, following the vote to approve the Ka’upulehu petition, Hoe offered to “share with the audience here my support of the rationale for compelling the Hawaiian landowner to do what it must to do to address these Hawaiian issues. One reason I have supported this project is because I sincerely believe that we have come to a crossroads.
“The ali’i landowner possesses greater rights, greater interests to this specific property given its tenure in this property. Unless the landowner can clearly demonstrate its commitments to its obligations as an ali’i landowner to the Hawaiian community, then they have to be responsible.
“They have to answer to that community. They should not have to answer to a non-Hawaiian entity who has created processes that are completely non-Hawaiian. And yet we sit here in judgment, prejudgment, post-judgment on their ability to accept their responsibility.
“And I would encourage everyone here to ensure that they understand what it is they have to do to comply with their obligations to the Hawaiian community as the ali’i landowner or as the konohiki of that property. We are not dealing with someone who has acquired the property specifically to develop the property for profit. We’re dealing with the obligations of the ‘aina of this property, from even before we all were here.”
1. Readers of longstanding may also recall that Frances Kauhane played a similar role in another case before the Land Use Commission – this one involving Charles Chidiac’s successful efforts to obtain LUC approval for the Hawaiian Riviera Resort near South Point, on the Big Island. Kauhane tried to win over residents of Miloli`i, a fishing village, to the idea. He succeeded in dividing the community, but ultimately opponents prevailed in a court appeal of the LUC decision.
Volume 7, Number 1 July 1996
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