COM 1051.021 1996-1998 - Laserfiche WebLink

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Judicial /Legislative Approaches Like the PASH case, the LUC proceeding was an executive quasi-judicial proceeding. Accordingly, the demands of Chapter 91, HRS and other judicial requirements emerged. In the midst of all this, the state legislature has been unable to enact meaningful legislation which will give all parties the certainty they all desire. Coup Legislation At the county level, I am not aware of any activity on this subject aside from the General Plan and ad-hoc zoning and agency permitting efforts. In 1984, Belt Collins prepared a draft cultural resources management plan. The plan was studied but was left aside for future review. In 1992, Councilman Domingo looked into the matter, but found it still premature to bring forth to the council or to the public. It is important to note that the council, as a legislative body, has fewer restrictions to address the subject of cultural resources and executive agencies of the county. For example, in the exercise of its legislative power, the council is not bound by the strict, judicial requirements of quasi-judicial fact-finding, published decision criteria and judicial review. The council is only bound by the broad demands of Article XI, Section 1 and Article Xi 1, Section 7, the General Plan and statute statutes to identify, assess and protect the rights and privileges bound up in the "bundle of rights" described. Since the council's legislative function is subject to judicial review only for the demonstration of an articulated interest to justify its action, the council's fact-finding is general free of judicial scrutiny or the demands of agency protocols found in Chapter 91, HRS and related statutes. 3