HomeMy WebLinkAboutCOM 0343.043 2012-2014 Page 1of2
P COMM
Murashige, Laura CC 7 ` ' aot '1, M�
From: Nawahine [keauea @hawaii.rr.com]
Sent: Wednesday, March 05, 2014 9:44 PM
2 1i E� -6 6 Ali 8: 36
To: counciltestimony @co.hawaii.hi.us
Subject: testimony re resolution 140-13
Ana Nawahine-Kahoopii
PO Box 2714
Kamuela, HI 96743
March 5th 2014
RE: RES 140-13 GOE-Kohala Kai
I am here today to speak to you regarding the Ala Loa trail. We are asking that the county council table
the grant of easement until it can be determined who owns the Ala Loa. The Ala Loa is the public
access and has been in continuous use since its creation. I am a kumu hula and for the last 20 plus
years I have used the Ala Loa trail for the purposes of Native Hawaiian traditional and customary
gathering, spiritual and cultural practices. My kumu trained me on these trails and I am training the
next generation of kumu who also use the trails on a regular basis. All parties involved in the
destruction of the trail in this instance the archeologist, planning department, county council, the state
historic preservation dept. and the developer have been negligent in identifying the historic and
cultural significance of the Ala Loa trail and have failed to properly assess the negative impacts on
Hawaiian cultural practices. You are required by international, federal and state law to protect the
rights of indigenous people, to preserve and protect their lands resources and traditional places so we
may practice our traditional, subsistence and customary practices without interference and to protect
other elements of our cultural heritage that are a part of our existence as a people. If you proceed in
this manner you will be complicit in the further diminishment of our traditional and customary rights.
The Ala Loa trail is used for the perpetuation of customary, traditional, ceremonial and subsistence
practices. It is part of our cultural heritage. Furthermore the developer went forward and graded the
trail covering it with mulch without so much as a permit, thus you approved changes and alteration of
a known historic site, the Ala Loa, for exclusive private use, violating the rights of the first people of this
place.
The next issue is the lack of outreach done to identify genealogical lineage historic descendants of this
area, some of whom are in this room today. Again all have failed to do their due diligence. The list of
descendants was confounding to say the least. The interview process that was conducted did not
follow legal procedure as delineated in the administrative rules of cultural impact statement process.
The Kanaka Maoli chosen by some mysterious process were only interviewed by phone. There are no
written statements that those interviewed were able to review and verify and nothing left for us to
refer too. Those interviewed are now deceased or to infirm to approach. A clear violation of the
cultural impact statement process.
The list goes on:
• failed to require a farm plan or any other requirement to assure that the primary use of this
state Agriculture Land Use District will be agriculture and undermined primary ag use by
Comm. 3 c/3. �3
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3/6/2014 Rat pro
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permitting a community recreation center and canoe hale.
• failed to uphold HRS Chapter 205A regarding pubic participation in decisions regarding public
access
• failed to follow the recommendations of the North Kohala Community Development Plan
• failed to follow the County's own subdivision rules
• failed to follow the SMA permit approved by the Planning Commission
• failed to properly review the Na Ala Hele report
• failed to cite the property owner for building a shoreline trail without a Public Access Plan or
approval by the Planning Department
• failed to protect the public by calling for a certified shoreline
• failed to provide a safe walkway from the parking area to the mauka-makai trail
• failed to provide access to cultural sites and burials as required by HSPD
• failed to recognize the information found the 1935 revised law Sec 41 labeled Certificate of title,
exemption #3 showing the title transfer never happened
In closing we ask that you table the grant of easement until it can be determined who owns the Ala Loa
and the failed issues can be corrected.
Malama pono,
Ana Kaho'opi'i
3/6/2014