07-03-2019, 02:29 PM
article XII, Section 7 of the Hawaii State Constitution.
"The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights."
In determining whether rights have been customarily and traditionally exercised, the court looks to kama‘aina (native-born) testimony and affadavits describing the history and traditional practices of Native Hawaiians living in that geographic area.
Big proviso in bold. State regulations for Mauna Kea are clearly spelled out. Also, no one lived anywhere near the summit prior to 1778.
"The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights."
In determining whether rights have been customarily and traditionally exercised, the court looks to kama‘aina (native-born) testimony and affadavits describing the history and traditional practices of Native Hawaiians living in that geographic area.
Big proviso in bold. State regulations for Mauna Kea are clearly spelled out. Also, no one lived anywhere near the summit prior to 1778.
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