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2005-08-26 SMA 05-004 Tinguely
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2005-08-26 SMA 05-004 Tinguely
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matter of him being here to be able to sit down and write something down and get some <br />signatures. <br />SALAVEA:Thank you. <br />GALDONES:Commissioner Iwashita? <br />IWASHITA:Im prepared to make the motion. <br />GALDONES:Oh. Commissioner Springer? <br />SPRINGER:Is it proper to inquire of Mr. Mooers what his preferred course of action <br />would be to continue or to move on with granting standing in the contested case. <br />GALDONES:TheChairwillbeproceedinginthatdirection,thankyou.BeforeIdo <br />that, I would like to ask Counsel to give us a ruling as to what would be considered a <br />favorable recommendation for a petition. <br />TORIGOE:Are you basically asking what the standards are for granting standing? <br />GALDONES:Yes. <br />TORIGOE:Okay. Your rule 4-7b says upon receipt of a written request to <br />intervene, the Commission at the first meeting on the matter shall hold a hearing on the <br />written request if the movant can demonstrate that: 1) his or her interest is clearly <br />distinguishable from that of the general public; or 2) government agencies whose jurisdiction <br />includes the land involved in the subject request; or 3) that they have some property interest in <br />the land or lawfully reside on the land; or 4) that even though they do not have an interest <br />different than the public generally, that the proposed action will cause them actual or <br />threatened injury in fact; or 5) persons who are descendants of native Hawaiians who <br />practiced rights that were customarily and traditionally exercised for subsistence which does <br />not sound like what the AOAO is claiming here, then they shall be admitted as parties. So <br />basically were looking for whether the AOAOs interest is clearly distinguishable from that <br />of the general public you know and I would add in a way that is relevant to an SMA Use <br />Permit. Whether or whether they have, whether the proposed action will cause an actual or <br />threatened injury in fact. And then they shall be admitted as parties and the rule again says <br />the movant needs to demonstrate those things. <br />GALDONES:Commissioners having heard that are there any further questions of Mr. <br />Green to clarify your mind? <br />IWASHITA:Yes. <br />GALDONES:Commissioner Iwashita? <br />EXHIBIT C <br />7 <br /> <br />
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