Wednesday, May 31, 2023
Hawai'i Free Press

Current Articles | Archives

Monday, February 12, 2018
Mandatory Funding? DHHL Statement on Supreme Court Nelson Ruling
By News Release @ 11:28 PM :: 4020 Views :: DHHL


News Release from DHHL, Feb 12, 2018

On Friday, February 9, 2018 the Hawaii State Supreme Court ruled (4-1 majority) that the Hawaii State Legislature is only required to fund the Department of Hawaiian Home Lands (DHHL) the amount that the delegates of the 1978 Hawaii State Constitutional Convention estimated it takes in administration and operating expenses, adjusted for inflation. The majority said in its opinion that when the 1978 delegates approved a constitutional amendment requiring the Legislature to make sufficient sums available for the administration and operating budget of DHHL, they estimated that the annual cost at that time was between $1.3 million and $1.6 million. 

“The Department’s kuleana to do everything possible to seek sufficient funds so that we can deliver on Prince Kuhio’s vision and DHHL’s mission remains. We continue to work with our beneficiaries and the Legislature to secure these needed resources so that native Hawaiian families and our homestead communities are provided with the critical support that they need in the areas of housing, clean drinking water, community resiliency and empowerment, and safe and healthy communities. Together with beneficiaries and the Native Hawaiian Legal Corporation we fought for a positive outcome.  We appreciate the support of the Governor and the Legislature and will continue to work with them on funding to support the Hawaiian Home Lands program.  The Department is very disappointed in the courts decision on the Nelson case and will confer with counsel on this matter.”

– Jobie M.K. Masagatani, Chairman, Hawaiian Homes Commission and Director, Department of Hawaiian Home Lands

Statement on ruling from Governor David Y. Ige:

“I’m glad the Court has ruled. I standby the supplemental budget request I submitted this year because the funding is needed to fulfill the department’s mission.”

– David Y. Ige, Governor, State of Hawaii

Note: Governor David Y. Ige included $25.1 million for the Department of Hawaiian Homelands in the FY19 Supplemental Operating Budget request.

Media articles related to Hawaii Supreme Court ruling:

Nelson vs. Hawaiian Homes Commission Links:

  *   *   *   *   *  


News Release from Acting Hawaii Attorney General Russell Suzuki, Feb 9, 2018

HONOLULU - The Hawaii Supreme Court ruled 4-1 today that the “sufficient sum” owed by the State to the Department of Hawaiian Home Lands (DHHL) for administrative and operating expenses, under the State Constitution, is $1.3 to 1.6 million, adjusted for inflation, and not the over $28 million found by the lower court.

Beneficiaries of the Hawaiian Home Lands trust claimed that the Legislature had not provided DHHL with the constitutionally prescribed “sufficient sums” for its administrative and operating expenses.

This Court ruled that the only way to judicially determine what is “sufficient” was to rely upon the $1.3 to 1.6 million, adjusted for inflation referenced in the 1978 Constitutional debates and remanded the case to the circuit court to establish the sum based on that calculation.

The State and the Legislature calculated that $1.3 to 1.6 million adjusted for inflation for the 2015-2016 fiscal year would amount to $4.9 million and $5.8 million respectively. But the Court noted the circuit court failed to make any findings as to the adjusted amount.

Copies of the opinions in Nelson v. Hawaiian Homes Commission et al., are attached.

# # #



TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

Aloha Pregnancy Care Center


Antonio Gramsci Reading List

A Place for Women in Waipio

Back da Blue Hawaii

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii


Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport


OHA Lies

Opt Out Today

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons

Pro-GMO Hawaii


Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii