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of the population to protect and preserve public health and welfare; except that each
<br />political subdivision, as provided by general law, may plan and manage the growth of its
<br />population in a more restrictive manner than the State.Ñ
<br />The Commissioners are not aware of, if IÓm not mistaken, in the SetoÓs, correction,
<br />CliftoÓs application, they had some analysis on traffic, analysis on environment, analys
<br />on historic sites. Well, let me read State Constitution Article XII, Section 7. It says,
<br />ÐThe State reaffirms and shall protect all rights, customarily and traditionally exercised
<br />for subsistence, cultural and religious purposes and possessed by ahupuaÒa tenants who
<br />are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778,
<br />subject to the right of the State to regulate such rights.Ñ That particular statute or
<br />mandate, letÓs put it that way, I have a little problem with that. The problem is, you have
<br />in this Constitution, State Constitution, under Article I, Section 6; and it talks about the
<br />right to privacy. And it says, ÐThe right of the people to privacy is recognized and shall
<br />not be infringed without the showing of compelling state interest. The Legislature shall
<br />take affirmative steps to implement this right.Ñ
<br />The problem that I have in Article XII, Section 7 is this part that says, Ðreligious
<br />purposesÑ and the part that says, Ðsubject to the right of the State to regulate.Ñ I donÓt
<br />know any other religion that is so regulated by its State other than the Hawaiian people.
<br />Somehow, I donÓt know who the hell had that idea that allows the State to take an
<br />inventory of our familyÓs graves and put them out on display for public scrutiny, and itÓs
<br />said to meet an allowable practice for some 30 years in this planning process.
<br />IÓm here to complain, and my complaint is this: No more violation of our privacy rights.
<br />If you have any documentations referring to our familyÓs graves, our family sacred sites,
<br />IÓm complaining, you guys take Òem off of you guysÓ counters, off of you guys, what you
<br />call, public scrutiny. ÒCause I think everybody should start following the law like people
<br />Springer was saying. Things have been going wrong by just letting people from the
<br />outside come to our island and come up with ideas, and then when get rubber-stamped,
<br />and when get all of our families and friends in our community se
<br />people working on projects talking stink about people who was contesting the projects,
<br />till today they mad with each other. This is a real pilau process. This is not aloha. This
<br />is not HawaiÒi if the process, yesterday, continues.
<br />IÓd like to also complain to this Commission that in the State Constitution there is no
<br />mandate that says the State shall provide highways, the State shall provide parks, the
<br />State provide, what you call it, condominiums, the State shall provide golf course. It
<br />doesnÓt say any place in the State Constitution that the State shall or its subdivisions,
<br />political subdivisions. Nowhere in here says that you folks shall protect or shall have,
<br />you know, these things, other than Article XI, Section 10. It says ÐFarm and Home
<br />Ownership.Ñ It says ÐThe public lands shall be used for the development of farm and
<br />home ownership on as widespread a basis as possible, in accordance with procedures and
<br />limitations prescribed by law.Ñ See, itÓs limiting, yeah? It doesnÓt allow you to go
<br />bigger. I donÓt know, as what IÓm reading.
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