COM 1051.026 1996-1998 - Laserfiche WebLink

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ANFLU RNP Hir~Pf1I HE~r:, F'L 808 334 1305 p, ~„y Ka'upulehu Resolution, Page Two WHEREAS, in 1994, at the urging of our kupuna, the families of Ka upulehu, and our membership at large, the KHCC was granted intervenor status to a contested case before the State Land Use Commission (LUC) as part of the entity Ka Pa'a Kai o Ka 'Aina, comprised also of Ka Lahui Hawaii and Protect Kohanaiki 'Ohana; arid, WHEREAS, Ka Pa 'a Kai o Ka Aina opposed the Ka'upulehu Development due to their common commitment to protect and identify Native Hawaiian cultural practices and traditions, including shoreline subsistence gathering, the ahupua' a concept as practiced by Hawaiians, and to stress to state and county agencies that current land use laws are inadequate and ambiguous, and to insist that a Hawaiian "sense of place" should be determined by a Hawaiian, and not by someone outside of Hawaii; and, WHEREAS, in the five years since this case began, the KHCC has steadfastly opposed this development particularly because it did not agree with the LUC in delegating its function of determining Hawaiian cultural resources to a developer through a management plan which is inadequate and cannot be enforced; and, WHEREAS, the Hawai 1 Council and the Hawaii County Planning Commission, in accepting the Integrated Resources Management Plan (IRMP) by Ka'upulehu Developments is also delegating its responsibility to reach findings on the cultural, gathering and religious significance of this parcel (including the lava flow itself) to a developer who can fashion this document to benefit its own monetary gain; and WHEREAS, on October 26, 1998, the entire KHCC Board of Directors voted unanimously, in an effort to protect their status in the Supreme Court hearing of this same case, to continue to strenuously oppose any application submitted by the Ka'upulehu Development to further their pursuit of this project, and, WHEREAS, this Board further instructed Leimana Damate, Immediate Past-President and Co-Chair of the KHCC Benefits and Entitlements Committee to represent the KHCC in joining with Ka Pa'a Kai o Ka 'Aina in a contested case before the Hawaii County Planning Commission, as well as opposing this development on all county levels; and, WHEREAS, at the contested case held on November 7, 1998, the KHCC was barred from participating in this contested case due to a misconception and erroneous communication received by the Planning Director and the Developer, and,