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<br /> <br /> <br /> <br /> <br /> <br /> <br /> -2- <br /> <br /> The Kohanaiki case, Public Access Shoreline Hawai'i and Angel Pilago <br /> <br /> v. Hawaii County Planning Commission and Nansa~LHi. began as an issue <br /> of 'standing" and became a vehicle to explore the dutys and responsibilities of <br /> our governmental agencies to address cultural impacts before issuing permits <br /> <br /> for large scale developments. <br /> <br /> After 8 years and several court victories, we find ourselves back full <br /> <br /> circle to the Hawai'i County Planning Commission"'Tt has been affirmed that <br /> the state of Hawai'i and all agencies of the State have a unique and particular <br /> <br /> responsibility to protect the traditional lifestyle and rights of the Hawaiian <br /> people, to maintain, perpetuate and when possible restore cultural values, <br /> resources, and practices. As a member of Ka Pa'akai o ka 'Aina, and in the <br /> <br /> spirit of working with broad coalition of diverse groups, we are compelled once <br /> again to ask this Commission what changes, if any, have been implemented. <br /> <br /> <br /> In the Kohanaiki Decision the Supreme Court scolded the Hawai'i <br /> County Planning Commission and Nansay for the "cultural insensitivity" they <br /> demonstrated in refusing to acknowledge legal standing for Native Hawaiians <br /> <br /> attempting to protect subsistence, cultural or religious practices. The Court <br /> has now established that such "standing" must be recognized and reminds all <br /> government agencies they have an enforceable duty to protect and preserve <br /> <br /> traditional rights. This obligation carries the implicit duties to investigate <br /> their existence, explore ways to protect them, and take affirmative steps to <br /> protect them. <br /> <br /> <br /> In the L.U.C. proceedings we were told by the chairman that we are <br /> indeed at a "crossroads" in land use decision making policies. We were assured <br /> <br /> that the County would be the proper place to iron out our concerns. In 1987 <br /> the Hawai'i County produced a plan for assessing cultural impacts. This was a <br /> <br /> good start, but never was implemented. We see some new Special <br /> management area guidelines suggested to maintain an advisory body for the <br /> CZM program. This would be another step. <br />