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<br /> <br /> <br /> <br /> <br /> WRITTEN TESTIMONY OF MAILE P. DAVID <br /> November 2, 1998 <br /> <br /> CON TESTED CASE HEARING ON THE APPLICATION OF <br /> KA'UPULEHU DEVELOPMENTS FOR AN <br /> SMA USE PERMIT AND CHANGE OF ZONE <br /> <br /> <br /> <br /> My name is Maile P. David and I reside at 78-6894 Mamalahoa Highway, <br /> Holualoa, Hawaii 96725. 1 was born and raised in Kona where my family lived, farmed <br /> and gathered in the ahupua'a of Keauhou. During my lifetime my family has also <br /> gathered resources from various ahupua'as along the Kona coastline from <br /> Pu'uwa'awa'a to Miloli'i. <br /> In my capacity as the duly elected Po'o for the District of North Kona of Ka Lahui <br /> Hawai'i, I offer the following testimony with regard to the Application of Ka'upulehu <br /> Developments for SMA and Change of Zone. <br /> <br /> 1. The elected legislative body of Ka Lahui Hawai'i unanimously voted to petition <br /> for and was granted standing in Docket No. A93-701 before the State Land Use <br /> Commission, In Re: Application For Bounday Amendment of Ka'upulehu <br /> Developments. <br /> <br /> 2. Ka Lahui HawaiTs interest in the LUC proceedings were premised upon <br /> directives set forth in its Constitution relating to protection of its citizens' rights to: <br /> <br /> a. practice traditional native Hawaiian religion or beliefs; <br /> b. access the mountains, caves, seas and sites of religious and cultural <br /> importance for personal, subsistence, religious and cultural purposes, <br /> and <br /> <br /> c. gather, harvest, cultivate and propogate for subsistence, medicinal, <br /> cultural and religious purposes. <br /> <br /> 3. The directives above are consistent with native Hawaiian interests which stem <br /> from the Act of 1850 (Section 7-1, HRS), custom and usage (Section 1-1, HRS, state <br /> constitution, art. XII, Sec. 7) and the ceded land trust (resolution of annexation, Organic <br /> Act of 1900, Hawaiian Homes Commission Act of 1920, Admission Act of 1959, state <br /> constitution, Art. XII). <br /> <br /> 4. Prior to Ka Lahui HawaiTs intervening in the LUC proceeding relating to <br /> Ka'upulehu Developments, its Motion to Appear as Amicus Curiae was granted in the <br /> Public Access Shoreline Hawaii v. Hawaii County Planning Comm'n, No 15460, <br /> Hawaii Supreme Court (1993) to assert the rights of native Hawaiians in that <br />