Native Hawaiian Legal Corporation

Are you going to the Native Hawaiian Convention? If so, join speakers from NHLC at these sessions. Link to the convention website from the Hawaiian Council (CNHA) here: https://buff.ly/3B4nKyg

On this date in 1897 James Kaulia along with the menʻs and womenʻs hui aloha ʻāina began collecting signatures for the Kūʻē petitions. The Kūʻē petitions gathered the signatures of over 21,000 Native Hawaiians to protest the annexation of Hawaiʻi into the United States.

To learn more about Kaulia and his contributions to the lāhui including about the Kūʻē petitions, visit www.awaiaulu.app via the link in bio.

This month's article by NHLC for the Office of Hawaiian Affairs' Ka Wai Ola was written by Litigation Director Kirsha Durante. The article discusses the courtʻs recent ruling in Kahoʻohanohano v. State of Hawaiʻi which involves a challenge to the Midwife Licensure Act under Hawaiʻi Revised Statues §457J.

NHLC also participated alongside the Center for Reproductive Rights in a webinar on August 16th about this case, hosted by the ABA Section on Civil Rights and Social Justice. You can watch the webinar on demand and at no cost on the ABA's YouTube channel.

Link to the full article: https://buff.ly/3AQyPCU
Link to the webinar: https://buff.ly/47homfR

What is the midwives case about that protects cultural practitioners? - Ka Wai Ola Earlier this year, NHLC, together with a national nonprofit called the Center for Reproductive Rights and a law firm called Perkins Coie, filed a lawsuit challenging the Midwife Licensure Act under Hawaiʻi Revised Statues (“HRS”) §457J.

Mahalo nui loa for all of those who joined the Native Hawaiian Legal Corporation for this year's Uluoʻa 50th anniversary celebration. It was a beautiful night recognizing dedication to Native Hawaiian rights and it could not have been possible without your support.

To see the full photo gallery and program from the event in addition to more information about the history of NHLC and Uluoʻa, visit https://buff.ly/49JUXum.

NHLC Uluoʻa Mahalo Nui For Supporting Uluoʻa

This Saturday, August 24th from 10am to 12pm, come for legal information and help planning for the future of your Homestead lease or position on the waitlist at Keaukaha Elementary School Cafeteria in Hilo, HI. NHLC attorneys will be on hand to answer questions and help complete DHHL successorship forms.

There is no cost and no appointment necessary. This is a joint event hosted by NHLC and DHHL. If you cannot attend this event but need assistance with successorship, call NHLC at 808-521-2302 for help.

NHLC is representing cultural practitioners and kiaʻi in a case to challenge luxury home development on the wahi pana of Nihokū. After a 9-day contested case hearing to uphold an established development setback line for this mauna, the county hearing officer has issued favorable recommendations that respect Native Hawaiian constitutionally protected rights. The matter is now going to the Kauaʻi County Planning Commission for decision.

Read the full story on NHLC's blog via the link:

Following 9-Day Contested Case Hearing Challenging Development, Kauaʻi County Planning Commission Hearing Officer Recommends Protection of Nihokū In January 2022, the Native Hawaiian Legal Corporation (“NHLC”) began work as counsel for Hoku Cody, Jessica Kaui Fu and Mehana Vaughan as representative members of Nā Kiaʻi o Nihokū – a group of cultural practitioners revitalizing traditional and cultural practices at the wahi pana known a...

NHLC is happy to announce the official start of the Uluoʻa 50th anniversary festivities with the opening of the event’s silent auction. Bid on over 20 items and experiences curated by Hawaiian artisans, cultural practitioners, and local companies. The auction will close after the musical performance by Raiatea Helm on Saturday, August 10th. This will be approximately at 8:00 PM HST.

Even if you cannot attend the event in person, the silent auction is available for all who wish to participate. Visit https://buff.ly/3LX70en to see a comprehensive list of items or place a bid.

Yesterday, the Court granted a motion to stop enforcement of HRS § 457J, the Midwifery Restriction Law, against Native Hawaiian traditional midwifery practices while the case is litigated.

The Midwifery Restriction Law broadly penalizes essentially anyone providing advice, information, or care, during pregnancy, birth, and postpartum who does not have a specific state license.

This is a huge win for practitioners of pale keiki, hoʻohānau, and hānau, and the families that depend on their care.

To access more information about the case and additional resources, click the link.

Court Rules in Favor of Native Hawaiian Midwives Native Hawaiian midwives in Hawai‘i can resume caring for their communities Yesterday, a Hawai‘i state court temporarily blocked part of the Midwifery Restriction Law, which prevents pregnant people in Hawai‘i from using traditional midwives for their pregnancies and births, as they have for g...

NHLC and its client, Edward Halealoha Ayau, have reached a settlement in their litigation with the State of Hawaiʻi, the City and County of Honolulu, and Keʻeaumoku Development LLC regarding Native Hawaiian burials at the Park at Keʻeaumoku project.

Pursuant to the settlement, a total of 28 iwi kūpuna that have so far been discovered at the site will be reburied, on location, in accordance with and an accepted Burial Treatment Plan and traditional protocols.

Click the link to read more about the case.

Settlement Reached to Rebury 28 Iwi Kūpuna at The Park at Keʻeaumoku Project in Honolulu The Native Hawaiian Legal Corporation (NHLC) and its client, Edward Halealoha Ayau, have reached a settlement in their litigation with the State of Hawaiʻi, the City and County of Honolulu (County), and Keʻeaumoku Development LLC (KDL) regarding Native Hawaiian burials at the Park at Keʻeaumoku p...

NHLC Of Counsel Attorney Angela Correa-Pei was published in this month's edition of the Office of Hawaiian Affairs' Ka Wai Ola.

The article discusses the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and how through the knowledge shared at FestPAC, we are better equipped to advocate for one another for justice consistent with UNDRIP’s Indigenous human rights standards and principles, as well as our respective Indigenous traditions and customs.

To read the full article, click the link.

How does FestPAC advance justice across Moananuiākea? - Ka Wai Ola As Hawaiʻi proudly hosted the 13th Festival of Pacific Arts and Culture (FestPAC) in June, it was empowering to witness the celebration of Native Hawaiian culture and those of the 27 other participating nations – an exceptional collective of Indigenous peoples.

The Native Hawaiian IP Working Group was established pursuant to Hawaiʻi House Concurrent Resolution 108 adopted in May 2023. The Working Group was convened for the first time on Monday, June 24th.

Its kuleana is to draft a report with recommended policies and legislation to better protect Hawaiian culture and cultural property.

Kumu Hula Vicky Holt Takamine is the group Chair and NHLC Executive Director Makalika Naholowaʻa is Vice Chair. For more info on the NHLC blog, click the link.

Launch of Resolution 108 Native Hawaiian Intellectual Property Working Group In May 2023, the Hawaii Legislature passed House Concurrent Resolution No. 108, HD 1, SD 1. This resolution established a Native Hawaiian Intellectual Property (NH IP) Working Group. The group’s task is to create a report on the policies and legislation needed to better protect Native Hawaiian cul...

On Friday, the staff at the Native Hawaiian Legal Corporation were proud to contribute to the 2024 Hawai`i Access to Justice Conference at the Richardson School of Law. This important annual event was attended by more than 200 members of the judiciary and the legal community.

NHLC Litigation Director Kirsha Durante spoke on the panel “Serving ‘Oiwi Communities After a Disaster” with Jeff Foster, Foster Law; U’ilani Goods, Legal Aid Society of Hawaii; and Heidi Ho, Pono Legal.

Of Counsel Attorney Sharla Manley spoke on the panel regarding pathways to pro bono for attorneys in corporate and private practice with Rachel Figueroa, Volunteer Legal Services of Hawaii; Grant Teichman, Legal Aid Society of Hawaii; and Jennifer Chin, Goodsill Anderson.

The Conference is hosted annually by the Hawaii Access to Justice Commission. NHLC Executive Director Makalika Naholowa’a is one of the Commission’s 22 Commissioners.

No cost legal assistance via a legal clinic for those affected by the August 2023 disaster in West Maui on Friday, June 28th. Please share.

Folks needing assistance can also call our office Monday through Friday from 8 am to 4:30 pm or visit with us at the CNHA Kākoʻo Maui Resource Center every Thursday at Maui Mall in Kahului.

NHLC Staff Attorney Henderson Huihui participated in the Tides of Change: Mapping the Legacy of US Island Imperialism and Community Empowerment panel hosted by the King Kamehameha V Judiciary History Center at the Hawaiʻi Supreme Court building/Aliʻiōlani Hale on May 9, 2024, alongside Dr. Line-Noue Kruse, Jocelyn Josie Howard, and Keoni Williams. The panel was moderated by Meagan Harden.

The recording is now available for on demand viewing on YouTube. Click the link to watch.

Tides of Change: Mapping the Legacy of US Island Imperialism and Community Empowerment (Part I) Since the 19th century, the United States has laid claim to and exploited numerous islands worldwide, employing ambiguous legal terminology, exclusionary pol...

NHLC Senior Staff Attorney Ashley Obrey was published in this month’s edition of the Office of Hawaiian Affairs’ Ka Wai Ola.

The article explains the State's duty to complete what is called a Ka Paʻakai analysis when making decisions that may impact Native Hawaiian traditional and customary rights, including, for example, permitting related to land and water use.

To read the full article, click the link in NHLC’s bio.

E NHLC... What is a Ka Paʻakai analysis? - Ka Wai Ola By Ashley K. Obrey, Senior Staff Attorney The “Ka Paʻakai” analysis is a legal framework that government agencies must follow when considering proposals that may impact the exercise of Native […]

Unanimous 47-page opinion issued yesterday held that all State arguments in defense of the DOT's 2018 seizure of the Mauna Kea Access Road failed, vindicating native Hawaiian beneficiaries who filed the suit in defense of Hawaiian home lands. Native Hawaiian beneficiaries who filed the case have been litigating it with NHLC since 2020. Read more on our blog. Link in our bio.

NHLC welcomes our summer interns and volunteers for 2024! NHLC’s experiential learning program welcomes undergraduate, law, and other graduate students throughout the year. Most are with NHLC during the summer. NHLC’s program is a unique opportunity for students to learn in an Indigenous-lead, Indigenous rights legal practice. Each summer the program welcomes students from across the country who have a passion for law, Indigenous justice, and pono stewardship of the ‘āina.

To learn more about NHLCʻs 2024 class, click the link here!

NHLC welcomes its summer intern class of 2024 The Native Hawaiian Legal Corporation welcomes its 2024 Summer Students! NHLC’s experiential learning program welcomes undergraduate, law, and other graduate students throughout the year. Most are with NHLC during the summer. NHLC’s program is a unique opportunity for students to learn in an Ind...

This month’s NHLC article in the May 2024 edition of the Office of Hawaiian Affairs’ Ka Wai Ola.

Click the link to read more.

E Nīnau iā NHLC - Ka Wai Ola Native Hawaiian Legal Corporation (NHLC) started as an anti-eviction law firm aimed at addressing the crisis of Native Hawaiians increasingly being evicted from rural areas to make way for residential and industrial developments.

The Native Hawaiian Legal Corporation and the Center for Biological Diversity will appear before the Windward Planning Commission on Monday to urge commissioners to protect the natural resources, cultural practices and pristine landscape of the wahi pana of Punaluʻu, Kaʻū, from a 147-acre development.

Read more about the case via the link.

https://buff.ly/4blEjlX

Photo courtesy of Maxx Phillips

Proposed Project Threatens Culturally, Ecologically Important Black Sands Beach The Native Hawaiian Legal Corporation and the Center for Biological Diversity will appear before the Windward Planning Commission on Monday to urge commissioners to protect the natural resources, cultural practices and pristine landscape of the wahi pana of Punaluʻu, Kaʻū, from a 147-acre develop...

No cost legal assistance via a legal clinic for those affected by the August 2023 disaster in West Maui. Please share.

Folks needing assistance can also call our office Monday through Friday from 8 am to 4:30 pm or visit with us at the CNHA Kākoʻo Maui Resource Center every Thursday at Maui Mall in Kahului.

May 1st is Lei Day and Law Day! In 1958, President Eisenhower established Law Day, a national day to celebrate the rule of law and encourage civic engagement.

NHLC’s Angela Correa-Pei and Lenei Naipo recently visited Waimanalo Elementary for career day to share with haumana about law, law jobs, and the educational pathways to legal advocate jobs. Cultivating an ʻauwai of ‘oiwi legal leaders for the lāhui is a pillar of NHLC’s strategic plan. It’s important to expose our keiki to these opportunities early!

April 26th marks World Intellectual Property Day .

IP law has largely developed without regard for Native peoples' rights and needs to protect their living cultures. Native Hawaiians are steadfastly calling for change.

To learn more about the history of World IP Day, IP law, and Kānaka Maoli efforts to protect their cultural intellectual property, read the article by NHLC Executive Director Makalika Naholowaʻa on NHLC’s website. Click the link to read more.

On World IP Day, Celebrate Native Hawaiian & Other Indigenous Peoples’ IP Rights By Makalika NaholowaaMakalika Naholowa’a, Executive Director April 26th marks World Intellectual Property Day. Intellectual property (“IP”) law creates intangible assets from inventions, creative expressions, trade identifiers like brand names and logos, and trade secrets. IP rules in the Unit...

The Native Hawaiian Legal Corporation welcomes Sharla Manley and Angela Correa-Pei to new roles as attorneys at NHLC!

An alum of Stanford and USC, Sharla has 19 years of legal experience including 8 years previously working as a Staff Attorney and Litigation Director at NHLC. Sharla is now serving as an Of Counsel Attorney leading NHLC's Maui Recovery efforts as an Equal Justice Works fellow and with the Lāhui Services Team primarily in the firm's litigation practice focused on the protection of sacred, historic, and culturally significant places.

Angela comes to NHLC with 18 years of experience in family law. A former NHLC Board of Director, Angela has long believed in the mission of NHLC. Angela joins NHLC staff as an Of Counsel attorney with the ‘Ohana services team to start and lead the firm's family law practice. This practice is focused on protecting the health and wellbeing of Native Hawaiian ʻohana and the legal services needed to secure the care of keiki and kūpuna, and ensuring their physical and emotional safety, pilina to ʻohana, pilina to lāhui, and pilina to ʻāina.

To learn more about Angela and Sharla, visit the staff page on NHLC’s website by visiting www.nhlchi.org

NHLC is honored and humbled to have served Hawaiʻi with 50 years of advocacy for the protection and advancement of Native Hawaiian rights, customs, and practices. In recognition of this special occasion, NHLC will be hosting its Uluo‘a event on August 10th.

Please join us for a very special evening celebrating the preservation and advancement of Native Hawaiian identity and culture and the many who have ensured this through their commitment to and support of NHLC.

For more information visit https://buff.ly/49JUXum

NHLC Staff Attorney Henderson Huihui will speak on a panel at UH with Professor Derek Kauanoe. The panel will discuss the status of government promises and duties under the Hawaiian Homes Commission Act (HHCA) and important current updates and issues for beneficiaries.

Many problems with the centurion HHCA are generations old including the tragic and persistent waitlist as well as the lack of suitable lands for homesteading.

Recent years have resulted in important updates, like the settlement of the decades-old Kalima class action, the recent allocation of $600M by the legislature for DHHL to develop more leaseholds, and DHHL experiments with rent-with-an-option-to-purchase projects. Panelists will discuss the promises and challenges these updates offer.

NHLC Senior Staff Attorney Liʻulā Christensen was published in this month's edition of the Office of Hawaiian Affairs' Ka Wai Ola. In the article, Christensen discusses the Maui Wildfire Debris Removal program and Right-of-Entry permits (ROE) involved in the process.

To read the full article, click the link!

E NHLC... - Ka Wai Ola The government debris removal program provides owners of homes lost in the Maui wildfires with debris removal paid for by FEMA and any insurance earmarked for debris removal.

In February of 2018, which also marks Mahina ‘Ōlelo Hawai‘i, the Native Hawaiian Legal Corporation presented oral arguments in Clarabal v. Department of Education for the Hawai‘i Supreme Court. The case involved two school children who were prohibited from communicating in ‘ōlelo Hawai‘i in the classroom within a school on Lāna‘i.

To read the full article detailing the case, click the link or visit the NHLC website.

https://buff.ly/48v4ll9

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Support Maui Komohana at the Water Commission next Tuesday, September 19, 9am ⁠
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💻️ Submit written testimony ⁠
✊ Attend the meeting in-person⁠
🛜 Join online ⁠
✅ Sign petition⁠
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Sample comments, meeting details, live links at the link in our bio or https://bit.ly/sch-091423
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The future of Maui Komohana’s freshwater resources are at stake. This is a moment for people power to push back on the greed of corporations. The next few meetings of the Water Commission provide a key opportunity for the people of Hawaiʻi to voice their support for fairly sharing the water between everyone. To stop the government from helping corporations steal our water – whether it is in West Maui, East Maui, West Kauaʻi or Hawaiʻi Island – we must stand together. ⁠
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Unfortunately, deadlines to register for some disaster relief programs, like FEMA aid, are fast approaching this month and in October. The resource center at Maui Mall is operating 7 days a week from 10 to 6 pm. NHLC is there and happy to answer legal questions and can review FEMA denial or ineligibility letters with you to discuss options. Please come or call if you have questions or need help. Many other providers are there too to help navigate assistance programs.

NHLC attorneys will be available to answer questions, schedule consultations, and discuss options for legal advice and representation, including referrals, if needed. We expect to stay as long as needed to talk to anyone who attends the town hall. If you canʻt make this event, you are welcome to call our office or contact us using the form on our website.