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<br /> <br /> <br /> <br /> <br /> <br /> First, midway through the Land Use Commission proceeding, the Hawaii Supreme Court <br /> <br /> handed down its decision in the Nansay Hawaii, Inc. Kohanaiki/PASH case, the case in which the <br /> <br /> Coalition entities had filed amicus curiae briefs. I think we all know what the Supreme Court said <br /> <br /> in regard to native rights, constitutional protection of gathering and access rights, the obligations <br /> of the county planning commission in an SMA proceeding, etc. <br /> <br /> Second, the Coalition (though each having its own interests) joined in an effort to produce <br /> <br /> a consolidated presentation on the subject of native rights and cultural resources in an land use <br /> <br /> regulatory proceeding. <br /> <br /> Third, all persons associated with the proceeding, directly or indirectly, gained a <br /> <br /> heightened sensitivity to the subject. If I am right, this was the first time when a psychiatrist, Dr. <br /> Naleen Andrade of Keei, South Kona, offered testimony on the importance of preserving cultural <br /> <br /> resources before a land use regulatory body. <br /> <br /> Fourth, the Coalition, being mindful of criticism which appear in the literature about <br /> ,'voodoo science" and the need for a responsible approach to the subject (given the competing <br /> <br /> <br /> interests of all affected persons), offered an alternative to the past and current approach taken by <br /> regulatory bodies, land use consultants, developers and landowners on the subject. <br /> <br /> Fifth, the Coalition was not "looking for a fight." In this regard, I often stated that <br /> <br /> Kaupulehu Developments' application just happened to be filed when the Coalition entities were <br /> <br /> in the midst of their own public education efforts on the subject of native rights and cultural <br /> <br /> resources. <br /> <br /> Sixth, while some may disagree with me, the record shows that before the Coalition <br /> intervened, the applicant described the area as being mostly filled with barren lava flows and <br /> <br /> having archaeological remains. After the Coalition intervened, the applicant described the area as <br /> <br /> being of great cultural importance and proposed a conceptual resource management plan to be <br /> <br /> <br /> <br /> 5 <br />