2015-03-19 Leeward Exh B (Amend SPP 378)

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HICKCOX: Excuse me. I’m assuming at this juncture that all efforts have been made to try and mitigate this, your concerns, in reference to the issues at hand. SONG: Mr. Hickcox, we wouldn’t be here if, if that was --. HICKCOX: -- I asked the question; I didn’t need “Mr. Hickcox, we wouldn’t be here.” My question is --. SONG: -- Yes --. HICKCOX: -- Very straightforward; all efforts have been made to attempt to mitigate these issues prior to coming here. That’s all I’m asking. SONG: Yes. HICKCOX: Thank you very much. BEAUDET: Staff? KANUHA: Do you need the criteria? BEAUDET: Yeah, I just wanted them to explain the qualifiers for standing. KANUHA: Mr. Chairman and Members of the Commission, the criteria for defining standing is pretty straightforward. There’s four components to it: The first one is whether or not the interest in the matter at hand is clearly distinguishable from that of the general public, okay; the second criteria is whether or not this is a government agency whose jurisdiction includes the land involved in the subject request, and in this case that doesn’t apply; the next criteria is whether or not the petitioners lawfully reside on or have some property interest in the land involved in the subject request, and, obviously, they don’t reside on the property, they don’t have any property interest, but as you can see, they are, you know, in immediate proximity to the property in question; and the last criteria is whether or not the applicant or applicants are persons or person descended from Native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes, and the particular criteria doesn’t apply here. BEAUDET: Thank you, Director. Okay, next I’d like to ask the applicant if they have any concern or objection to the intervenor standing, or petitioner standing. FUKE: Mr. Chairman and Members of the Commission, I think the applicant is fully aware that the, you know, some members of the intervening parties are, requested parties rather, are adjoining property owners, and we believe that they do meet the test for standings. BEAUDET: Thank you, Sidney. Okay, with that, Commissioners, I’d like to ask for a motion to grant or to deny standing. UNGER: I’d like to make a motion to grant standing. 27 EXHIBIT B