02-06-2019, 02:19 PM
Big picture time, folks. Try and keep up.
Hawaii is a State.
Mauna Kea is State land, zoned for Conservation.
It's not clear that any laws were actually violated; HRS 183C defines "land use" as
(1) The placement or erection of any solid material on land;
(2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;
(3) The subdivision of land; or
(4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land.
To the extent that "any material" was "graded", this would be an unintentional side effect, otherwise you would have to prosecute any hiker who lost their footing.
HCC 15-22 might apply to the video that was produced:
Before any motion picture may be filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the director.
If Red Bull didn't sponsor this video, we have something closer to "dude with a GoPro posting on YouTube". Will the County prosecute every tourist who posts video online?
Bigger issue is that "the Hawaiians" are making it crystal clear that they don't accept anyone "not from here", and they're getting full support from various official agencies.
If this is truly acceptable, then we can balance the budget by firing all these unnecessary government employees. It doesn't take manpower and paperwork to just tell people "no, Hawaii is sacred, your thing isn't allowed here."
Example: there's no need to "manage" the lands or "inspect" construction, just put up a gate. Far cheaper than funding OMKM, State LUC, etc.
Hawaii is a State.
Mauna Kea is State land, zoned for Conservation.
It's not clear that any laws were actually violated; HRS 183C defines "land use" as
(1) The placement or erection of any solid material on land;
(2) The grading, removing, harvesting, dredging, mining, or extraction of any material or natural resource on land;
(3) The subdivision of land; or
(4) The construction, reconstruction, demolition, or alteration of any structure, building, or facility on land.
To the extent that "any material" was "graded", this would be an unintentional side effect, otherwise you would have to prosecute any hiker who lost their footing.
HCC 15-22 might apply to the video that was produced:
Before any motion picture may be filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the director.
If Red Bull didn't sponsor this video, we have something closer to "dude with a GoPro posting on YouTube". Will the County prosecute every tourist who posts video online?
Bigger issue is that "the Hawaiians" are making it crystal clear that they don't accept anyone "not from here", and they're getting full support from various official agencies.
If this is truly acceptable, then we can balance the budget by firing all these unnecessary government employees. It doesn't take manpower and paperwork to just tell people "no, Hawaii is sacred, your thing isn't allowed here."
Example: there's no need to "manage" the lands or "inspect" construction, just put up a gate. Far cheaper than funding OMKM, State LUC, etc.