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HomeMy WebLinkAboutCOM 0377.486 2024-2026From: Roslyn Cummings Sent: Tuesday, September 2, 2025 7:19 AM o To: Council Testimony u CDc-D Cc: Nakai elua Villatora; Tia Marie; J. Merrick ro c z> Subject: PASS RESOLUTION 234-25 �= 'mac; r— to AFFIDAVIT, VERIFIED DECLARATION, MEMORANDUM OF LAW, DECREE, AND PULE In Support of Hawaii County Council Resolution 234-25 By: Roslyn Cummings, Trustee, Malama:Cummings `Ohara God Trust© Jurisdiction: Exclusive Equity under God's Law —> Hawaiian Kingdom Law & Constitution —> Treaties —> Trust/Equity I. INTRODUCTION & STANDING I, Roslyn Cummings, Ecclesiastical Trustee of Malama:Cummings `Ohana God Trust©, appear under exclusive equity jurisdiction to protect our waiwai, iwi kupuna, piko, and kuleana at Pohakuloa and Mauna Loa. Notice to Agent is Notice to Principal; Notice to Principal is Notice to Agent. II. HIERARCHY OF LAW (APPLIED) 1 Comm. Ref. To: Ref. Date SEP - 3 2025 A. God's Law / Natural Law. The `a —ma and wai are the Creator's; our kuleana is stewardship, not desecration (Ps. 24:1). B. Hawaiian Kingdom Constitution & Statutes. • 1839 Declaration of Rights and 1840 Kanawai (Constitution) secure inherent rights and lawful governance. • 1848 Mahele & Act of June 7, 1848 (re Crown & Government Lands) —preamble affirms lands are to be managed "as may best promote the prosperity of this Kingdom and the dignity of the Hawaiian Crown." • 1850 Kuleana Act —tenant incidents protected; later courts cite its purpose to secure native tenants' rights. • 1860 Law of Sepulture —prohibits disturbance of burials (iwi kupuna). C. Hawaiian Kingdom Case Law (pre-1893). • In re Estate of Kamehameha IV, 2 Haw. 715 (1864)—Crown Lands descend with the Crown and (by 1865 statute) are inalienable, set apart for the Crown's dignity and the Kingdom's prosperity (includes legislative note on 1865 inalienability). • In re Boundaries of Pulehunui, 4 Haw. 239 (1879)—boundaries/rights proven by kama`a—ma knowledge and ancient usage; still relied on today. • Oni v. Meek, 2 Haw. 87 (1858)—interprets tenant incidents and the Kuleana framework (later opinions quote Oni's protection of tenants' rights). D. Treaties (Kingdom—U.S.). 1826 & 1849 treaties acknowledge the Hawaiian Kingdom as a sovereign in nation -to -nation relations. E. Trust/Equity. Crown Lands and wai function as trust assets —equity bars waste, conversion, unjust enrichment, and crimes of omission by any inferior authority. z III. QUEEN LILI`UOKALANI - DECREE, PROTEST & WHO BENEFITS 1. January 17, 1893 Protest (Executive Notice). The Queen formally protested the overthrow and yielded only to U.S. superior force pending restoration of the constitutional government —preserving Kingdom law and claims. 2. 1897 Memorial on the Crown Lands (Ownership & Beneficiaries). In her Memorial in relation to the Crown Lands, Lili`uokalani "protest[ed] against the assertion of ownership by the United States of the so-called Hawaiian Crown Lands... which are my property," calling such assertion a taking without due process or compensation. This states plainly whose lands they are and that U.S. claims were unlawful. 3. 1897 Protest to President McKinley (Who Hawaii Belongs To). She declared annexation "an act of wrong toward the native and part -native people of Hawai`i," an invasion of rights and a perpetuation of fraud —identifying the people and ruling chiefs as the rightful beneficiaries. 4. Kingdom Court on Beneficiaries (Public Prosperity & Crown Dignity). The 1848 Act (as construed in Kamehameha IV (1864)) ties Crown Lands to the prosperity of the Kingdom and dignity of the Crown, then made inalienable in 1865--confirming they exist for the Kingdom and its people, not for foreign enrichment. Taken together, the Queen's instruments and the Kingdom's highest court identify: (a) Crown Lands as Crown/Kingdom property; (b) the Lahui as the beneficiaries; (c) U.S./state corporate claims as inferior to this hierarchy. IV. FACTUAL ASSERTIONS 91 1. Pohakuloa/Mauna Loa are wahi pana with wai nui, iwi kupuna, and piko subject to the 1860 Sepulture law and protected customary incidents. Known as Cultural Heritage under international law. 2. Militarized use/desecration causes irreparable harm and violates Kingdom burial protections and customary incidents recognized through Oni and Pulehunui. Within the stated hierarchy, state/federal entities and corporate actors are inferior to God's Law and the Hawaiian Kingdom's prior, continuing jurisdiction (Queen's Protest & Memorial). V. MEMORANDUM OF LAW (KEY POINTS) • Evidence of Law (Kingdom): Kamehameha IV (1864) + 1865 inalienability fix the Crown Lands' legal character (for Kingdom/people; not alienable for outside gain). • Custom as Law:. Pulehunui (1879)—ancient usage/kama`aina testimony govem boundaries and incidents (still controlling). • Tenant Incidents: Oni (1858) undergirds protection'of hoa`aina incidents preserved in the Kuleana framework. • Sovereign Continuity & Beneficiaries: Queen's Protest (1893) and Memorial (1897) preserve Kingdom legality and identify rightful ownership/beneficiaries; annexation claims are contested as unlawful. VI. DECREE & DEMAND FOR REMEDY 1. Cease all militarized/destructive activity at Pohakuloa; preserve in place burials and wai consistent with Kingdom law. 2. Recognize Crown/Kingdom title and beneficiary purpose per Kamehameha IV (1864) & 1865 inalienability; honor tenant and custom incidents per Oni and Pulehunui. 3. Enjoin unjust enrichment, conversion, and crimes of omission; implement restoration of injured lands and waters under equitable principles. 4. County should adopt and enforce Resolution 234-25 as a lawful exercise aligned with Kingdom law and beneficiaries' rights. VII. PULE (Ephesians 1:3) "Blessed be the God and Father of our Lord, who has blessed us with every spiritual blessing in the heavenly places..." E Ke Akua, malama and shield P6hakuloa and Mauna Loa; guard our waiwai, iwi kupuna, and piko. Strengthen our kuleana to stand in pono for the Lahui and the `a —ma. VIII. RESERVATION OF RIGHTS All rights reserved under/God's Law; Hawaiian Kingdom law (1839, 1840, 1848, Act of June 7, 1848) 1860 Sepulture, 1865 inalienability); Treaties of 1826 & 1849; and Trust/Equity. Without prejudice and without waiver. Dated: 09/02/2025 at 7:17am Signature: Roslyn Cummings Roslyn Cummings, Trustee, Malama:Cummings `Ghana God Trust© I am the authorized signatory under penalty and perjury. Quick source notes— • Queen's 1893 Protest (text) --conditional yield; preservation of Kingdom law. • Queen's 1897 Memorial on Crown Lands (ownership/beneficiaries)—"which are my property..." (due process). • Kamehameha IV (1864)—Crown/Gov't lands act; prosperity of the Kingdom & Crown dignity; 1865 inalienable Crown Lands. • Oni (1858)—tenant incidents/Kuleana purpose (quoted in later cases). • Pulehunui (I879)—ancient usage/kama`aina evidence governs. 6