Hawai'i House Democrats
Senate Bill 3041 to Include Settlement in Kalima v. State of Hawaii
Honolulu, Hawai‘i – At 2:00 p.m. today, the First Circuit Court will unseal a settlement agreement in a class action lawsuit brought by several Department of Hawaiian Homelands (DHHL) beneficiaries against DHHL. The lawsuit is entitled:
LEONA KALIMA; DIANE BONER; RAYNETTE NALANI AH CHONG, special administrator of the estate of JOSEPH CHING, deceased; CAROLINE BRIGHT; DONNA KUEHU; IRENE CORDEIRO-VIERRA; and JAMES AKIONA, on behalf of themselves and all others similarly situated, vs. STATE OF HAWAII; STATE OF HAWAII DEPARTMENT OF HAWAIIAN HOME LANDS; STATE OF HAWAII HAWAIIAN HOME LANDS TRUST INDIVIDUAL CLAIMS REVIEW PANEL; DAVID Y. IGE, in his official capacity as Governor of the State of Hawaii; CIV. NO. 99-4771-12, First Circuit Court
The lawsuit stemmed from Act 323, which the Legislature approved in 1991. Act 323 allowed DHHL beneficiaries to bring claims against the State for losses they incurred while on the DHHL wait list from August 21, 1959 through June 30, 1988. The legislation created an administrative panel to adjudicate the claims, but legislation to extend the panel in 1999 was vetoed by Governor Cayetano.
As a result, the bulk of the claims was not adjudicated, and a class action lawsuit was filed in the First Circuit Court. The lawsuit has been in litigation since 1999 and was recently settled.
There are approximately 2,700 persons whose claims will be paid through this settlement. The amount of the total settlement will be announced at 2:05 p.m. today when the conference committee on SB 3041 (Making Appropriations for Claims Against the State, its Officers, or its Employees) is held in Conference Room 325 and live streamed on the Hawaii House of Representatives channel on YouTube. SB 3041 will be amended in conference committee to include the settlement.
See the attached excerpts from the report of The Hawaiian Home Lands Trust Individual Claims Review Panel (1999), for more information.