HomeMy WebLinkAbout2026 10 21 Written Testimony of L. Rosehill, H. Konanui, L. Kealoha, and N. Rosehill_v1.pdfNATIVE HAWAIIAN LEGAL CORPORATION
1164 Bishop Street, Suite 1205
Honolulu, Hawaii 96813
Telephone: (808) 521-2302
TERINA K. FA`AGAU 11511
ASHLEY K. OBREY 9199
Attorneys for Appellant
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
`OHANA O MOKUHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC,
Landowner.
CASE NO.: PL-BOA-2026-000127
WRITTEN TESTIMONY OF LESLIE
LIHAUNANI ENRIQUEZ ROSEHILL
WRITTEN TESTIMONY OF LESLIE LIHAUNANI ENRIQUEZ ROSEHILL
I, LESLIE LIHAUNANI ENRIQUEZ ROSEHILL,_declare under penalty of perjury that
the following is true and correct:
My Background
1. I am a Native Hawaiian whose ancestors inhabited the Hawaiian Islands prior to
1778. I am a lineal descendant of the `ohana (families) of Mokuhulu, Kaimu, and Kalapana in
Puna, and my family line is Enriquez and Kaho`okaulana, of Kalua descent.
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2. I am the client representative of Appellant `Ghana o Mokuhulu, Kaimu Makena,
and Kalapana (the "`Ghana"). The Appellant `Ghana is made up of several families, totaling
around 150 individuals, who are from the Mokuhulu, Kaimu Makena, and Kalapana areas and to
whom Pu`ilima is a valued cultural site where they exercise Native Hawaiian cultural,
subsistence, and religious practices.
3. I was born in Hilo, and I was raised on the east side of Hawaii Island. I grew up
at Lava Tree State Park, where my mother's `ohana owned a 30-acre macadamia nut farm,
located off Highway 132 Pahoa-Pohoiki Road. I also grew up in Kapoho, where my father's
mother was born and raised in Kumukahi Village until the family moved after the 1960 lava
flow. I spent every summer at Pohoiki with my father's godmother, Bertha Veloria, who was
married to my grandfather's oldest brother, Sim Enriquez. I spent plenty of time in Kalapana
with my godmother, Aunty Sarah (Kealoha) Hauanio. My family also had land in the Kaohe
Homesteads at Wao Kele o Puna, where I spent much of my time from high school into my
thirties.
4. I have lived in Kea`au (Waikahekahe) since 2008. I attended Pahoa Intermediate
& High School and graduated from Waiakea High School in 1998. I married out of high school
and started my family young. My husband and I have four children together. As my father did
with me, I brought my children with me to fish and care for our kupuna.
My `Ohana and Our Kuleana to Pu`ilima
5. My father is Benny Enriquez Jr., who passed away in 2014. His parents were
Benny Enriquez Sr. and Trinidad "Trim" Caballero. Benny Sr.'s parents were Hilarion Enriquez
and Rebecca Kaho`okaulana. Rebecca's father was Makapo Kaho`okaulana of Kalapana and
Kaimu, and her mother, who was from Napo`opo`o, moved to Kaimu when she married.
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Rebecca and Hilarion had their children in the Kehena area and lived their lives between
Mokuhulu and Kalapana.
6. I am the hiapo girl (eldest) of my generation of cousins. As the hiapo, I was raised
by my tutu wahine (grandmother) Trini and, growing up, I spent more time with her than anyone
else. Most of my knowledge of this place comes from my own experience and from what my
kupuna (elders and ancestors) taught me directly. Since my father and my tutus have passed, I
continue their practices and carry on their kuleana (responsibility) to this place.
7. The property that is the subject of this appeal, Tax Map Key (3) 1-2-018:001, now
owned by Kaimu Cove LLC ("KCL" or the "Landowner"), is known to my family as part of the
Kaimu ahupua`a. The coastal area fronting that property is called Pu`ilima; my family (older
generations) have also called it "Wills." It sits on the makai (ocean) side of Kalapana-Kapoho
Road directly across from Kaipu`uelelu, where generations of our kupuna (ancestors) are buried.
8. My family has always understood Pu`ilima and the lands we travel to get there as
part of the Kaimu ahupua`a (a traditional land division running from the uplands to the sea).
Mokuhulu, Kaipu`uelelu, Pu`ilima, and Kalaehiamoe are connected within the Kaimu ahupua`a.
Our practices connect these places from uka to kai, and access between them is essential to our
ability to gather, care for our kupuna, and fulfill our kuleana to this `aina. Roads and changes in
landownership have not changed those connections.
Our KApUna Buried Here
9. Our kupuna are laid to rest at Kaipu`uelelu, at the old Enriquez hale (house) in
Mokuhulu, and, according to what our kupuna have told us, at Pu`ilima. There are also `ohana
burials in other areas of Kaimu, between Mokuhulu and Pu`ilima. Our family has seen the
burials at Kaipu`uelelu and in Mokuhulu. We know of the burials at Pu`ilima through our
family's mo`olelo (stories).
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10. My great-grandparents, Rebecca and Hilarion Enriquez, my uncle Stan Kalam
Enriquez, my cousin's child, and many other distant relatives are buried at Kaipu`uelelu, directly
across the road from Pu`ilima. There are many more unmarked burials at Kaipu`uelelu.
11. My great -great-grandfather, Makapo Kaho`okaulana, Rebecca's father, is buried
in the Kaimu ahupua`a according to family mo`olelo passed down to me. My kupuna described
his burial as a platform burial constructed of dry -stacked rocks. My father, my grandfather, and
my aunty told me that Tutu Man Makapo was buried somewhere in or around Kaipu`uelelu. I
still do not know exactly where his burial is located. Before KCL acquired the property, I was
carefully searching for it in the area, including on the subject property. His burial is unmarked
and, to my knowledge, has not been identified by or registered with the State of Hawaii or
documented in any archaeological survey.
12. I cared for my father and my grandmother in their last days and was given the
privilege of laying them to rest. After my father passed, his ashes were spread at sea at Pu`ilima
because of our deep connection to that place and so that he could keep that connection, to
Pu`ilima and to us, his `Ohana. My grandmother was laid to rest at sea at Kumukahi.
13. Kaipu`uelelu sits above our `Ohana's fishing grounds (ko`a) at Pu`ilima. In our
stories, the kupuna flow through the land and make their way downhill, as water does, to our
fishing grounds. Whatever we gather or catch from our `ohana ko`a is a direct reflection of what
our kupuna have provided for us. That is why our family sees the cemetery and the shoreline as
one place.
14. For my family, Pu`ilima and the parcel now owned by KCL cannot be separated
from the burials of our kdpuna (ancestors) in Kaimu. We believe that when our kupuna pass,
their iwi (bones) are laid to rest, but their journeys do not end. Their path from Kaipu`uelelu to
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the sea crosses this parcel. We walked from Kaipu`uelelu through the former milo grove on
KCL's parcel to Pu`ilima. To us, this parcel is more than a piece of property. It is the passage our
ancestors travel. These sites and this `aina remain deeply important to us as descendants of those
who lived, died, and were buried here. Even where there is no headstone, we know Kaimu is the
resting place of our ancestors. Caring for our kupuna and maintaining the connection between
Kaipu`uelelu and the sea is a core part of who we are and how we live as a family.
Our `Ghana Ko`a and Traditional Practices at Pu`ilima
15. I am a malama/kia`i (caretaker) and a lawai`a (fisher).
16. I have helped care for the Kaipu`uelelu and Pu`ilima areas since I was about ten
years old, first alongside my father, Benny Enriquez Jr. I also learned how to care for this place
from my grandfather, Benny Enriquez Sr.
17. Growing up, we fished along this coastline and would malama (care for) our
kupuna. We cleaned their burials, brought our first catch of fish to the kupuna, and visited with
our kupuna. After we took care of the burials, we went down to the ocean at Pu`ilima to pd-kai
(cleanse in the sea), and then we would go home.
18. I saw my father and other family members similarly fish, gather, and pray there
throughout my life. We did this about every weekend when I was growing up. We also stopped
to visit when passing through the area. Because it was such a natural part of our lives, I also did
this with my children.
19. I have been a caretaker of the area for more than three decades. I believe the
kupuna who are laid to rest there are familiar with me, as my kupuna taught me. Whenever I go
there, I state who I am and my purpose for being there. I ask for permission, I fulfill my
caretaking kuleana, and then I respectfully leave. When my children were young, I would
malama Kaipu`uelelu and holoholo (go out) to Pu`ilima as much as I could, which was about
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once every six months. From 2009 on, I went to Kaipu`uelelu and Pu`ilima to malama our
kupuna and holoholo about once a month. That changed in 2022, when I learned that KCL had
bought the property and saw the gate and the grubbing there. After that, I did not go to Pu`ilima
again until around May 23, 2025, and I have not been back since. I still go to Kaipu`uelelu to
malama our kupuna, but I can no longer complete our customs at Pu`ilima.
20. Pu`ilima is the Kaho`okaulana `ohana ko`a, our family's fishing grounds. The
ko`a is makai of Kaipu`uelelu. My `ohana has exercised traditional and customary fishing and
gathering rights here for generations. Exhibits "A- I" and "A-2" are photographs of the Kaimu
traditional fishing grounds at Pu`ilima, taken in 2025. I have fished and gathered there, and the
photographs fairly and accurately show what the area looked like when I was there in 2025.
21. Pu`ilima is one of the only sections of our area that has been untouched by new
lava flows, so it is safe to get in and out of the water and do our fishing and other traditional
practices there. The Pohoiki side of the bay is a rocky, `a`a cliff with an edge about 10-15 feet
above the water, making it an unsafe place to enter or exit the ocean. We do not enter the water
there because it is unsafe.
22. As lawai`a, we are ocean people, and we are in and around the ocean every day,
weather and ocean conditions permitting. This is our function. We do this for food, for offerings,
and for spiritual and cultural reasons. When we aren't gathering, we are documenting and
observing (in other words, we kilo) the health and quality of our spaces so that we can better
steward and keep giving back what is needed to the spaces that sustain us.
23. Until I lost access, I fished at Pu`ilima for whoever was available and gathered
limu kohu there. I usually pole fish, my husband is a po`e lawai`a `upena (net fisherman), and
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my keiki are freedivers and spearfishers. My husband and I each learned these methods of
fishing from our parents, who learned from theirs. In turn, we taught our children the same.
24. When accessing Pu`ilima, we are always mindful of how loudly we speak and
how we move within the area. I was taught not to yell, scream, or play there.
25. The environment itself tells us that Pu`ilima was always known as a place of rest
and reverence. Pu`ilima is a kipuka, a place the lava flowed around but did not cover. Its old
forest and kupuna trees were spared, while the Pohoiki/Hilo side of the bay is covered by a
newer lava flow. What the lava spared holds a special reverence for us. Even with the
desecration that has occurred on KCL's parcel, I hold out hope that what once was can be
restored.
26. Because Pu`ilima is also our `ohana ko`a, where we holoholo and fish, we knew
not to make ourselves known. We did not talk openly about going fishing before we went or
while we were there at Pu`ilima, so that the fish would not be scared away. This was taught to
me by my grandfather and my father. The stories shared with me taught that if you made loud
noise or asked too many questions, Tutu would pack up, go home, and try again another day.
Our Trails
Kaipu `uelelu-Pu `ilima (Mauka Makai) Access
27. From what I have been taught and from my own experience, my family has used a
traditional mauka-makai trail from Kaipu`uelelu to reach Pu`ilima and the shoreline. The trail
runs from Mokuhulu down to Kaipu`uelelu and then into Pu`ilima. The portion of this trail that
crosses the subject property starts at Kalapana-Kapoho Road near the property's entrance (where
KCL's gates have been constructed); goes through the former milo grove on KCL's parcel; and
ends at the high-water mark on the coastline at the pebble/boulder bay. It allows us to reach the
small area of the pebble/boulder bay that was untouched by lava flows for over 200 years the
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same area where our `ohana ko `a is and where we gather, fish, and bathe or cleanse as a part of
our family customs. This trail links Mokuhulu, Kaipu`uelelu, and Pu`ilima, and my `ohana is
connected to all three places.
28. I have personally walked this trail from Kaipu`uelelu to Pu`ilima. I used portions
of the trail the last time I accessed Pu`ilima on or around May 23, 2025. At that time, most of the
trail had been graded and covered with a driveway, and I saw up close that the grove of milo
trees along the beach was gone.
29. Exhibit "A-3" is a map of the property on which I marked, from my personal
knowledge, the portion of the traditional trail that crosses KCL's parcel from Kalapana-Kapoho
Road to the shoreline. The markings are not survey -precise, but they accurately show the general
route the trail follows.
The Alanui Aupuni (King's Trail)
30. The ala (trail) along the coastline is the Alanui Aupuni or "King's Trail," also
known to us as the Puna Trail. I was taught that the Alanui is an ancient trail connecting
ahupua`a along the Puna coastline. I remember first seeing and hearing about the Alanui when I
was eleven years old. While we were fishing at Pu`ilima, my father pointed it out to me, and he
showed me how the rocks on the Alanui differ from the `a`a below and around it. My father
taught me about the Alanui because he said it was important for us to preserve and protect the
site and our culture. Other than what is described in a 1972 reconnaissance report (see below), I
have not seen the Alanui documented in any records, but the portion my father showed me
remains culturally significant to my `ohana, particularly because there are only a few sites like
this left along our coastline.
31. Exhibit "A-4" is a true and correct copy of the June 1972 Archaeological
Reconnaissance of Proposed Kapoho-Kalapana Highway. I have had a copy of this report since
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after the 2018 lava flows, when I obtained it from the Bishop Museum. It shows that, in 1972,
Bishop Museum archaeologists documented the "King's Highway" as a curbed trail running
roughly parallel to the ocean along portions of the Puna coastline, and a Kehena Beach Trail as
part of a steppingstone trail that once encircled the Island of Hawaii. It also documents
Kaipu`uelelu Cemetery, on the mauka side of the highway about 1.1 kilometers northeast of
Kaimu Beach, as a burial site recommended for protection, and describes most of its graves as
platforms built of `a`a lava.
What Happened Since KCL Bought the Property
Early Changes to the Property
32. I learned that KCL bought the property in or around July 2022, after visiting
Kaipu`uelelu to malama. I saw from Kaipu`uelelu that the milo grove and other trees along the
road had been cleared, the driveway had been grubbed, and new cinder had been laid. Before
then, I could never see the coastline and ocean from Kaipu`uelelu or the Kalapana-Kapoho Road
because the milo grove and other trees blocked the view. On that visit, I could see the coastline
clearly. I remember that visit because I had brought a ho`okupu (gift, offering) of lei and fish for
my father around the time of his birthday. I was not able to access Pu`ilima, where my father's
ashes were spread, so I had to leave my ho`okupu for him at Kaipu`uelelu. After I finished my
malama there that day, I found out that KCL purchased the parcel and intended to build a gated
subdivision.
33. I believe that KCL desecrated Pu`ilima by cutting down the kupuna milo trees
that hugged the Kalapana side of the bay. They were the last of our kupuna milo grove on the
property.
34. I have also seen a post on Facebook by Mark Wyatt, one of KCL's owners,
offering milo wood from the property to anyone who would come and take it. I saw that post in
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or around October 2024 after my cousin, through marriage, told me that he responded to that post
and salvaged the milo wood from the property. It had already been cut, and he did not want it to
go to waste.
35. The property has also been gated and the shoreline blocked off since 2022, when
the first gate went up. Exhibits "A-5," "A-6," and "A-7" are street view images of the property
from Kalapana-Kapoho Road in 2011, 2019, and 2024. I know this stretch of road and the
property's entrance well, and each image fairly and accurately shows how the entrance looked at
that time.
36. Where the mauaa-makai trail from Mokuhulu to Pu`ilima crosses the parcel now
owned by KCL, it has been grubbed and covered with a driveway. Before KCL acquired the
property, I walked this trail to reach Pu`ilima through vegetation and downhill through the milo
grove. When I tried to walk the trail in May 2025, I observed that it had been almost entirely
graded and covered with a driveway, and the milo grove at the makai end of the trail was gone.
The trail is no longer identifiable because the driveway was created over it. I saw that much of
the property had been grubbed and flattened; it did not look anything like it used to before 2022.
37. A remaining portion of the Alanui ran along the coastline in front of the property
owned by KCL. Before 2022, I could identify this portion of the Alanui based on the features my
father had shown me. When I returned in May 2025, the half of the Alanui closest to the adjacent
state-owned parcel was intact, but the other half was gone and seemed to have been flattened and
replaced by cinder. Before May 2025, I had also seen social media posts that showed cinder laid
over the area where the portion of the Alanui used to be.
Our Efforts to Inform the County and the Landowner
38. I first learned of KCL's SMA Use Permit application for its proposed
development on October 2, 2024, the day before the Windward Planning Commission's hearing
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on the application. Since then, my `ohana and I have repeatedly contacted the Planning
Department to make sure our practices at Pu`ilima were considered and protected, both from the
proposed project and from the unauthorized ground disturbance we had already witnessed on the
property since 2022.
39. On October 3, 2024, I attended the Windward Planning Commission's hearing on
the Landowner's SMA Use Permit Application PL-SMA-2024-000063 and submitted testimony.
Exhibit "A-8" is a true and correct copy of the written testimony submitted to the Commission
for that hearing. Exhibit "A-9" is a true and correct copy of the minutes of that hearing, which
documents that I provided testimony in person. At the hearing, after former Director Zendo Kern
apologized for the County's failure to consult with the community and shared that he felt he
inclined to change his recommendation (which was originally to approve KCL's SMA Use
Permit) after hearing our families' testimonies, the Commission indicated that a cultural impact
assessment ("CIA") or archaeological inventory survey ("AIS") should be completed before it
decided on the application.
40. Soon after the hearing, in October 2024, I requested the Planning Department's
file on the property. Exhibit "A-10" is a true and correct copy of my request and my related
correspondence with the Department, and Exhibit "A-11" is a true and correct copy of the
Department's October 18, 2024 email giving me access to a shared folder. Through that shared
folder, and in my other communications with the Department or from the Record on Appeal, I
obtained true and correct copies of public records about the property and the Landowner's permit
applications, including Exhibits "A-12" through "A-32."
41. Exhibit "A-12" is a true and correct copy of the November 1992 Archaeological
Inventory Survey for TMK: (3) 1-2-018:001, prepared by Robert Spear, Ph.D.
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42. Exhibit "A-13" is a true and correct copy of the Planning Department's June 9,
1993 letter to Nicholas Schwaebe regarding his SMA Minor Permit Application (Permit No. 93-
12).
43. Exhibit "A-14" is a true and correct copy of Notice of Violation and Order No. 1,
dated October 10, 2022.
44. Exhibit "A-15" is a true and correct copy of ASM Affiliates' January 20, 2024
Results of Archaeological Field Inspection, prepared for Mark Wyatt, Kaimu Cove LLC.
45. Exhibit "A-16" is a true and correct copy of July 2024 email correspondence
between Daryn Arai and Alex Roy regarding the easement.
46. Exhibit "A-17" is a true and correct copy of the Landowner's July 5, 2024 SMA
Use Permit Application PL-SMA-2024-000063.
47. Exhibit "A-18" is a true and correct copy of the Department of Land and Natural
Resources' ("DLNR") August 26, 2024 comments on SMA Use Permit Application PL-SMA-
2024-000063, including the August 20, 2024 letter from DLNR's Office of Conservation and
Coastal Lands.
48. Exhibit "A-19" is a true and correct copy of the State Historic Preservation
Division's ("SHPD") September 6, 2024 review of SMA Use Permit Application PL-SMA-
2024-000063.
49. Exhibit "A-20" is a true and correct copy of the September 10, 2024 Final
Archaeological Field Inspection report prepared for Mark Wyatt, Kaimu Cove LLC (PL-SMA-
2024-000063).
50. Exhibit "A-2 I" is a true and correct copy of the Planning Department's October
2024 Background Report for SMA Use Permit Application PL-SMA-2024-000063.
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51. Exhibit "A-22" is a true and correct copy of the Planning Department's October
2024 Recommendation Report for SMA Use Permit Application PL-SMA-2024-000063.
52. Exhibit "A-23" is a true and correct copy of Dr. Lisa A. Benham's June 8, 2025
email to the Planning Department and the attached "Kaimu Cove Report," which the Planning
Department received by mail on June 12, 2025.
53. Exhibit "A-24" is a true and correct copy of the Landowner's September 15, 2025
SMA Use Permit Assessment Application (PL-SAA-2025-000312).
54. Exhibit "A-25" is a true and correct copy of the October 2, 2025 Individual
Wastewater System Plan for Kaimu Cove LLC.
55. Exhibit "A-26" is a true and correct copy of Appellant members' October 13,
2025 email to SHPD.
56. Exhibit "A-27" is a true and correct copy of the October 14, 2025 email from
DLNR's Division of Forestry and Wildlife, Na Ala Hele Trails and Access Program, to SHPD.
57. Exhibit "A-28" is a true and correct copy of the Planning Department's October
15, 2025 letter acknowledging withdrawal of SMA Use Permit Application PL-SMA-2024-
000063.
58. Exhibit "A-29" is a true and correct copy of Mark Wyatt's November 6, 2025
email to SHPD.
59. Exhibit "A-30" is a true and correct copy of SHPD's November 21, 2025 review
of SMA Use Permit Assessment Application PL-SAA-2025-000312.
60. Exhibit "A-31" is a true and correct copy of the undated Draft Archaeological
Monitoring Plan for SHPD Proj ect No. 2025PR01081, which SHPD received on December 17,
2025.
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61. Exhibit "A-32" is a true and correct copy of SHPD's January 14, 2026 review of
the Draft Archaeological Monitoring Plan received December 17, 2025.
62. After the October 3, 2024 hearing, `Ohana members also worked with Dr. Gina
McGuire to prepare a cultural impact assessment and Ka Pa`akai analysis. That work began in or
around December 2024 or January 2025. Our purpose was to inform the Landowner and the
County about our traditional and customary practices at Pu`ilima, so that the County could
properly determine whether, and under what conditions, the permit should be approved, if at all.
Exhibit "A-33" is a true and correct copy of the Draft Cultural Impact Assessment and Ka
Pa`akai Analysis for Pu`ilima (McGuire, October 2025). My responses to Dr. McGuire's
questions appear in Appendix E, and they are true and correct.
63. On January 24, 2025, I asked about the status of KCL's SMA Use Permit
application, and Planning Department staff told me it was on hold pending completion of an AIS
or CIA. That same day, my cousin Leila Kealoha asked Planner Alex Roy to notify both of us at
least two weeks before the application was placed on a Commission agenda. True and correct
copies of my January 24, 2025 email and the Department's reply are included in Exhibit "A-10,"
and a true and correct copy of Leila's January 24, 2025 email is included in Exhibit "A-34."
64. The last time I was able to cross over the property now owned by KCL was on or
around May 23, 2025. By then, a gate and security video cameras had been installed at the
entrance, and KCL had begun building a rock wall there, which made the property feel closed off
and unwelcoming to my `ohana. My cousin Leila Kealoha and I entered through the open gate
fronting Kalapana-Kapoho Road and walked across the subject property and went to Pu`ilima.
The purpose of the visit was to pule (pray) and prepare for a family meeting we were planning on
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holding and inviting KCL to. We also took some photos and videos of the area to document what
the coastline looked like at the time.
65. On May 25, 2025, the `Ohana held a meeting that lasted about three hours at my
Uncle Robert Keliihoomalu's hale, down the road from Pu`ilima in Kaimu. About 70 people,
most of whom were `Ghana members, gathered for this meeting. We called this meeting because,
following the October 3, 2024 Windward Planning Commission hearing, where former Director
Zendo Kern apologized for the County's failure to consult with the community, no one from
KCL had reached out to consult with our `Ghana. We invited KCL to meet with us and learn
about the importance of Pu`ilima to our `Ghana and our concerns about the impacts its
development would have on our family's traditional lifestyle and practices in Kaimu. Lisa Ann
Benham and Mark Wyatt and his husband attended for KCL. KCL did not follow up with our
`Ohana after the meeting.
66. The `Ghana kept reaching out to the County after that meeting. On June 6, 2025, I
wrote to Planner Roy, Planning Director Jeffrey Darrow, and Mayor Kimo Alameda to oppose
the proposed five -home gated subdivision, to point out that the Department's background report
inaccurately stated there was no public opposition, and to again ask for notice of all related
hearings. Exhibit "A-34" is a true and correct copy of my June 6, 2025 email, which also
forwarded Leila's January 24, 2025 email to Planner Roy.
67. When Planner Roy wrote on July 28, 2025 that the project had "stalled out due to
lack of any cooperation from the community," Aunty Ku`ulei Kealoha Cooper responded that
about 70 people had attended a May 25, 2025 community meeting about the project and that
Leila and I had sent several inquiries without a response. On August 1, 2025, I emailed Planner
Roy and Director Darrow a list of names and signatures from people who signed in person, along
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with a link to an online petition that had gathered 150 signatures, and asked the Department to
halt development, recognize Pu`ilima and Kaipu`uelelu as culturally protected sites, and engage
directly with the Native Hawaiian families connected to this `aina. True and correct copies of
Planner Roy's July 28, 2025 email, Aunty Ku`ulei's July 29, 2025 response, and Leila's and my
August 1, 2025 emails are included in Exhibit "A-35."
68. On September 22, 2025, after learning that Mark Wyatt of KCL had submitted a
new SMA Assessment application (dated September 15, 2025) for one single-family home and a
pickleball court, I emailed Planner Roy and Director Darrow. I reported community concerns
about unpermitted work on the parcel, told them that descendants had not been contacted or
consulted about the new application, and asked that future steps include meaningful outreach to
us. On September 24, 2025, Planner Roy responded that SHPD had stated no historic properties
would be impacted by the original proposal. When I explained that the `Ohana had prepared an
independent cultural impact assessment that we intended to hand -deliver at our October 9, 2025
meeting, Planner Roy replied that the Department does "not have the experience to review a
CIA," that a CIA "would be sent to SHPD," and that the Department relies "on SHPD for all
cultural reviews." This concerned me because we wanted the Planning Department itself to
understand our practices and how the proposed development would affect them. True and correct
copies of the September 24, 2025 correspondence between me and Planner Roy are also included
in Exhibit "A-35."
69. On October 9, 2025, Aunty Ku`ulei, Dr. McGuire, and I met in person with
Director Darrow and Planner Roy at Director Darrow's office at the Planning Department
building. Leila Kealoha joined the meeting via Zoom. They explained that KCL's SMA Use
Permit and SMA Assessment applications were still pending. At that meeting, we asked that our
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trail to access Pu`ilima be restored. We tried to explain our cultural practices and how the
proposed project would affect them, but each time we raised those topics, Director Darrow and
Planner Roy told us that they were not the right people to talk to and directed us to SHPD. We
shared that the `Ghana had a draft cultural impact assessment for the Department to review, and
they told us that the Planning Department does not accept CIAs.
70. At that meeting, Director Darrow and Planner Roy told us that they could not
force private landowners to do anything on their own private parcel. We were also told by
Director Darrow that if KCL applied for an SMA Minor Permit and withdrew its application for
the SMA Use Permit(s), he would have no reason not to approve it and that we should prepare
ourselves for that happening. The meeting lasted about an hour.
71. Right after that meeting, while we were still outside the Planning Department
building, Aunty Ku`ulei, Dr. McGuire, and I called Sean Naleimaile of SHPD to ask whether
SHPD would accept and consider our cultural impact assessment. Mr. Naleimaile told us to send
it in and said he would watch for it. Aunty Ku`ulei emailed the cultural impact assessment to Mr.
Naleimaile on October 13, 2025, and I was copied on that email. Exhibit "A-26" is a true and
correct copy of that email.
72. On October 12, 2025, I emailed Director Darrow and Planner Roy, with copies to
`Ohana members, to report work I documented on the property on October 11, 2025: use of a
backhoe, a trench and anchors for a double gate at the front of the property, continued
construction of the rock wall, and movement of material that altered the terrain. I asked whether
any permit authorized the work, requested a site inspection, and attached my photographs and
video. True and correct copies of that email and other October 2025 emails from `Ghana
members to the Director about continued work on the property are attached as Exhibit "A-36."
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73. Exhibit "A-37" is a photograph that I took on October 11, 2025 showing
unpermitted activity on the property; it fairly and accurately shows what was happening on the
property when I went by that day.
74. After my report, the Department issued an October 14, 2025 Stop Work Order, a
true and correct copy of which Department staff emailed to me (Exhibit "A-38")
75. On October 28, 2025, I reported that unauthorized work had continued despite the
stop work order, including backhoe work to build a pickleball court. I asked for enforcement and
again asked the Department to restore, and recognize as an easement, the traditional fishing trail
that generations of Kaimu descendants have used to reach our ko`a. That email is in the Record
on Appeal as Document 15. On October 29, 2025, the Director replied that the public access
easement would be "established as part of the SMA permitting process," and the Department
issued Notice of Violation and Order No. 2, which staff emailed to me. Exhibit "A-39" is a true
and correct copy of the Notice of Violation and Order No. 2. Exhibit "A-40" is a true and correct
copy of my October 28, 2025 email and the Director's October 29, 2025 reply.
76. No one from the Planning Department contacted me again before the Director
approved SMA Minor Permit No. PL-SMM-2025-000079 on December 4, 2025.
After the Permit Was Approved
77. On December 4, 2025, Raimee Steen of the Planning Department emailed me to
inform me that the Director had approved the SMA Minor Permit application. Exhibit "A-41" is
a true and correct copy of that email and the attached letter approving KCL's permit application.
78. After the permit was approved, work on the parcel began again, and I kept
reporting it. On December 23, 2025, I emailed Planner Roy, Director Darrow, and SHPD to
report ground disturbance on the parcel, because I was concerned that ground disturbance was
occurring before SHPD had approved an archaeological monitoring plan ("AMP"). On January
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12, 2026, I received a response from Joshua Gastilo, SHPD Historic Preservation Archaeologist,
stating an AMP was submitted and being reviewed. Exhibit "A-42" is a true and correct copy of
that email and the responses I received on January 12 and 13, 2026.
79. On January 14, 2026, the Department issued another stop work order, which staff
emailed to me (Exhibit "A-43"). On January 21, 2026, while caring for our `ohana graves at
Kaipu`uelelu, I saw work continuing on the parcel in violation of that order: the rock wall at the
entrance gate completed and footing pins in place for another concrete slab. That evening I
emailed photographs to Director Darrow and Planner Roy (Exhibit "A-44"). The Department
issued Notice of Violation and Order No. 3 on January 28, 2026, which staff emailed to me
(Exhibit "A-45")
80. There is a large concrete slab on the property makai of the cemetery where
pickleball tournaments, gatherings, and parties have been held. I know this because that part of
the property can be seen from Kalapana-Kapoho Road, I was sent a photo of an active cement
pour happening on the property, and I saw posts about pickleball tournaments there on Facebook
by KCL's owners or their friends.
Impacts to Our `Aina and `Ohana
81. At Pu`ilima, the land, the ocean, the trail, and our practices are one living system.
Only a few areas are left on our coastline that still hold the resources our kupuna lived on in
Kaimu. The trees feed the ko`a, the ko`a feeds our families and provides our offerings, the trail is
how we reach the ko`a and our kupuna, and our practices are how we care for and give back to
all of it. This shoreline ecosystem is fragile. When one part is damaged or cut off, there are ripple
effects on the rest.
82. After KCL bought the property, the last of our kupuna milo grove on this property
was cut down, along with kupuna noni trees whose branches were as big as my body. Milo trees
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are windbreakers: they grow close to the shoreline and shield the land behind them from strong
winds and salt spray. Their roots hold the soil in place, which protects the coast and prevents
erosion. They also feed the land and provide nutrients to the ko`a, our fishing grounds, where the
smaller fish breed. When that breeding place is disturbed, the types of fish might change, and our
fishing must change with them, or end completely if those fish disappear.
83. Since the property was gated in 2022, my family has been increasingly cut off
from the places where we embody and honor our kupuna. The path we walked my whole life was
graded over and replaced with a driveway, and adding a gate and surveillance cameras to it
added insult to injury. The December 4, 2025 permit did not restore our traditional access.
Instead, it approved a different access route that does not allow us to safely reach our ko`a and
carry out our practices at Pu`ilima. My family and I have not been to Pu`ilima since on or around
May 23, 2025.
84. The public access easement conditioned by the County in approving the
Landowner's SMA Minor Permit (or the "relocated route") runs along the property line between
the subject property and the neighboring State lands. I know this land and where the relocated
route lets out because I have walked this coastline my whole life. The relocated route does not
give us safe access to the part of the shore where we can safely carry out our practices. It ends at
a cliff of rough `a`d lava whose edge sits 10 to 15 feet above the water, with no safe way down to
the ocean. The only safe entry along this coastline is at Pu`ilima, where rounded pebbles and
boulders form a natural landing, and it cannot be safely reached from the end of the easement,
especially by our kupuna and children. No one consulted the `Ohana about where to place the
easement approved in the SMA Minor Permit. Exhibit "A-46" is a map showing the relocated
route from the final approved permit. The easement does not replace the traditional route our
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`ohana used to reach the beach at Pu `ilima, or allow us to continue the practices we have carried
out there for generations.
85. Since May 2025, I have continued to malama our kupuna at Kaipu`uelelu
Cemetery, most recently in August 2026, but I have not been able to continue on to Pu`ilima.
86. Without access, our practices are broken apart. I can no longer reach the shoreline
through Pu`ilima to fish, gather limu kohu, or pikai. Where we once cared for our kupuna,
brought them our first catch, and then went down to the ocean to pikai, I can now go only to the
cemetery. I can no longer complete our burial customs as my kupuna taught me: I cannot bring
our kupuna a first catch from our ko`a, I cannot follow the path our kupuna travel from
Kaipu`uelelu to the sea, and I cannot cleanse at Pu`ilima after caring for their graves. I also
cannot bring ho`okupu to my father at Pu`ilima, where his ashes were spread. And I cannot kilo
(observe) and watch over Pu`ilima, so I cannot tell what the ko`a needs or how to give back to it;
because I am locked out, I do not even know the full extent of the harm that might have been
caused there. These are practices that I learned from my kupuna and have passed on to my
children. Without access to Pu'ilima, I cannot continue teaching and carrying out those practices
in the places where our family has always practiced them.
87. The loss is not only physical. I have felt a heavy sense of displacement and grief
since KCL began work on the property without permits and without consulting the caretakers of
this `aina. Losing the last of our kupuna milo grove created a sadness in me that cannot be
explained in words. To me, holding pickleball tournaments and parties beside the resting place of
our kupuna is a violation of our dead. Piece by piece, we are watching the desecration of our
revered space, and with it, my connection to my kupuna.
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What Pu`ilima Means to Me and Why It Must Be Protected
88. I have a kuleana to pass these practices on to the next generation. I teach my
children all that was taught to me. It is our history and our lineage; it is my children's birthright.
Learning how to gather, what to gather, and how to stay connected to the kupuna who calve
before them involves caring for the graves and being in and around the same places where our
kupuna lived and now rest. Lower Puna is, and always will be, shaped by Kilauea's lava flows.
Special places like this are becoming few and far between because of Pele and because of land
grabs. I teach family mo`olelo (stories) and encourage my children in their roles because, in our
Native Hawaiian worldview, land is not merely property or a physical setting; land is an ancestor
itself. Their connection to their ancestors is important for personal and collective identity. A
person especially a child who is deprived of physical and spiritual access to these places is
deprived of their cultural inheritance. I teach my children so that the line of care, memory, and
presence remains unbroken.
89. Our `Ohana brings this appeal, and I serve as our client representative. I take on
this kuleana for my `Ohana because I am a caretaker of Kaipu`uelelu and Pu`ilima, and it is my
kuleana to protect Kaimu and its resources, including our kupuna who are laid to rest there.
90. If Pu`ilima is not protected, I believe the trails, the shoreline access, and the
burials will be further desecrated and severed from lineal memory. For future generations, that
would mean losing their relationship with Pu`ilima: displacement and alienation, where
descendants become trespassers. Instead of a direct, lived relationship with this place, they would
be left fighting just to keep basic access and dignity.
91. Kaimu is a humble place. We do not have much in the way of money or land, but
many of our descendant families are still here, and we are rich in practices and traditions. The
actions already taken on this property have set a precedent that developers need not be culturally
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respectful or mindful. But once this place is destroyed, it will be gone for every future
generation.
92. My kupuna grew up in Kaimu and fished at Pu`ilima. My grandfather and my
father taught me to fish there and to care for those who rest there, and I have taught my children
the same. On behalf of myself, my kupuna, and my mo`opuna, what I want is for Pu`ilima to be
protected: for the resting place of Makap6 Kaho`okaulana and all our other kupuna to be cared
for, and for my `ohana to be able to walk our trail to our ko`a and carry out our practices there
safely, as our kupuna did. That is how the knowledge they passed down to me will reach my
children and their children. Mahalo.
DATED: Kea`au, Puna, Hawaii, October 20, 2026.
Me ka `oia`i`o,
LESLIE LI I ENRIQU Z
ROSEHILL
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NATIVE HAWAIIAN LEGAL CORPORATION
1164 Bishop Street, Suite 1205
Honolulu, Hawaii 96813
Telephone: (808) 521-2302
TERINA K. FA`AGAU 11511
ASHLEY K. OBREY 9199
Attorneys for Appellant
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
`OHANA O MOKUHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC.,
Landowner.
correct:
1778.
CASE NO.: PL-BOA-2026-000127
WRITTEN TESTIMONY OF HOWARD
KONANUI
WRITTEN TESTIMONY OF HOWARD KONANUI
I, HOWARD KONANUI, declare under penalty of perjury that the following is true and
My Background
1. I am a Native Hawaiian whose ancestors inhabited the Hawaiian Islands prior to
2. I am a member of Appellant `Ohana o Mokuhulu, Kaimu Makena, and Kalapana
(the "`Ohana"). I am 72 years old.
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3. I am a lineal descendant of the `ohana (families) of Mokuhulu, Kaimu, and
Kalapana in Puna, through the Enriquez and Kaho`okaulana lines, of Kalua descent. I was born
at Hilo Hospital and raised in `Opihikao. I attended Pahoa Elementary School and Pahoa High
School. I lived in `Opihikao until I graduated and got married.
4. I now live in Kea`au. Before that, I lived in Leilani Estates, until we had to
evacuate during the 2018 lava eruption there.
5. I am now retired, but I worked as a heavy equipment operator for the County of
Hawai `i
My `Ohana and Kuleana to Pu`ilima
6. My parents were Joseph Kepa Konanui and Elizabeth Enriquez Konanui. On my
father's side, my grandfather, David Kawika Konanui, was born and raised in Kapa`ahu,
Kalapana. He married my grandmother, Lucy Silva, who came from `Opihikao, where they
raised their family.
7. On my mother's side, my mother, Elizabeth Enriquez Konanui, was the only
daughter among the ten children of Rebecca Kaho`okaulana Enriquez and Hilarion Enriquez. My
grandmother, Tutu Rebecca, was born on December 15, 1896, in Kehena. She was the second of
six children of Makap6 Kaho`okaulana and Geonovefa Kailikapu. Geonovefa was of Kalua
descent, born in 1874 in Kona. Tutu Rebecca and her two siblings lived next to each other on
two- to three -acre lots in Mokuhulu and raised their families there.
8. My mother grew up in Mokuhulu and lived off the land and ocean at Kaimu and
Pu`ilima. After she married my father, they made their home in `Opihikao, where my father was
raised. That is where I grew up and where I learned to fish and gather. The practices my mother
used to sustain her family in Mokuhulu are the same practices she taught me, which I carried out
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in `Opihikao. Leslie Rosehill, who represents the `Ghana in this appeal, is my first cousin's
daughter. Her father, Benny Enriquez Jr., was my first cousin.
9. In 2008, my family recorded a video of my mother and her youngest brother, my
Uncle Tony, describing their lifestyle growing up in Mokuhulu. My brother, Jerry Konanui,
recorded the video at my home in Leilani Estates during a family get-together. All the cousins
were there to ask them questions. I was present when the video was recorded and recognize my
mother, my uncle, and the places they describe.
10. In the video, my mother and uncle explained how they grew up, how they lived,
where they lived, and where they did certain things (cultivation, gathering, fishing). They
explained what they ate, the chores they had to do, and what everybody's responsibilities were.
The point of the video was to preserve their knowledge for future generations of our family.
Each branch of the family has a copy. I know the video is accurate because I was there when it
was recorded, and I recognize my mother, my uncle, and the places they describe.
11. During the video, one of the children also read aloud a letter dated January 22,
2008, from my Uncle Benny Enriquez Sr. Exhibit "A-47" is a true and correct copy of that letter.
My family has kept that in our possession since we received the original from Uncle Benny in
2008. I know Exhibit "A-47" is a copy of that letter because I first saw the letter at the 2008
gathering, the top of the letter reads "My precious younger days By Benny Enriquez," and I
recognize my uncle's handwriting.
12. Uncle Benny wrote it for the same purpose as the video, but he could not make it
home for the gathering. Like the video, the letter describes how he was raised and our family's
practices, but it focuses more on our genealogy.
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13. The coastal area in front of the property that is the subject of this appeal, Tax Map
Key (3) 1-2-018:001, is known to my family as Pu`ilima. My mother says they also called that
area "Wills," for a reason I do not know. It sits on the makai (ocean) side of Kalapana-Kapoho
Road, directly below Kaipu`uelelu, where our kupuna (ancestors) are buried. I know this because
my mother and her brothers told me about this area, and it is consistent with what they talk about
in the video.
14. My mother told us that when she was young, the family went from Mokuhulu
down to Pu`ilima. They washed all their clothes in a pond there, rinsed them in the ocean, and
put them on the stones to dry. While they waited for the clothes to dry, they gathered whatever
was available for food: `opihi, ha`uke`uke (shingle urchin), limu, and pa`o`o (a small tidepool
fish), which they ate raw. Tutu Rebecca was a lauhala weaver, and they also gathered lauhala.
They would spend the whole day down there.
15. I remember going down to Pu`ilima once, in the 1960s, when I was small. I went
with my father and my uncles to fish. I remember milo trees all along the shoreline. That was the
only time I went there. After my tutu passed in 1953, my mother and father moved to `Opihikao,
where my father grew up.
16. My mother and her brothers told me about the main trail their family used to get
to Pu `ilima. It ran from where they lived in Mokuhulu down to Pu `ilima. From what I
understand, the most makai part of that access trail my family uses crosses the property that
Kaimu Cove LLC wants to develop. I have not walked that trail myself, what I know comes from
my mother and her brothers.
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My Traditional and Customary Practices in Puna
Fishing and Gathering
17. Growing up, my family lived a traditional lifestyle. We lived off the land that
raised us. Back then, we had access to the places we needed to go to get what we needed to live in
`Opihikao. There were fewer people then, and because we knew the areas and the people, it was
safe to access the beach and fish and gather there.
18. `Opihikao is where my father was raised. He knew all the areas where we could
get what we needed to survive, which he learned from his father. My grandfather even taught my
father the traditional ways to make nets and goggles. My grandfather always told me "nana,
hoolohe, paa ka waha, and ha`ahaa." That's how I learned — by watching, listening, shutting my
mouth, and being humble.
19. Almost every day after my father came home from work, I would follow him to
the beach and fish with him. I learned to locate and catch things like moi, aholehole, kole, and
lobsters. He knew how to read the moons and the tides to know when to gather or catch certain
resources. My job was to get my father's gear ready and help him.
20. We gathered many other resources at the beach too, always in a respectful way.
My mother would always be ready at home to prepare, clean, and cook the fish or whatever else
we gathered to eat that day. All of this was done to feed the family, and to take care of the land
so it could keep feeding the family.
21. We hunted for food too. I started hunting with my father and my uncle as a child.
In the old days, we used to go hunting in Kalapana with our family who lived there and were
familiar with the area.
22. I continued to fish throughout my life. Once I had children, I went about once a
month, which is not as often as I wanted. I slowed down around 15 years ago, and I do not fish
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anymore, but I still know how to, and I still hold all the knowledge that was taught to me by my
kupuna. Their teachings are always with me.
Mala `Ai
23. My mother taught me that we have to grow our own food. You always plant what
you can eat on your own property. Otherwise, you have to ask your neighbors, and that brings
shame.
24. When she was growing up in Mokuhulu and Kaimu, my mother's family had a
mala 'ai (food garden). They always grew vegetables. They would grow and gather a lot of leaf
onion and papolo too, which were used to cook with. In our 'Opihikao home, we grew all kinds
of plants, including 'ulu, sweet potatoes, and pineapple. We had a taro patch.
25. I own land that was handed down from my grandfather to my father to me. It is
about five acres. On that property we plant fruit trees, and I make sure I have my own coconut
trees, over 100 of them at different stages of growing, so I do not need to go around maha'oi
(intrude into others' spaces) to use other people's resources.
Other Practices
26. My brother, who is six years older than me, learned to weave from a family of
well-known weavers in 'Opihikao. He taught me to weave coconut leaves when I was in high
school, and I have woven ever since. I still weave and teach others.
27. I also make papa ku'i 'ai and p6haku ku'i 'ai (poi -pounding boards and stones). I
do it the old style, by hand, and with modern tools. For the past four years, I have helped a friend
teach a nine -month class. It starts when you plant your first huli (taro top), and when nine
months come and it is time to harvest, your board and stone are finished, so you can huki (pull)
your own kalo and use your own papa and p6haku to make your own pa'i'ai.
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Our Knuuna Buried Here
28. Tutu Rebecca is buried at Kaipu`uelelu Cemetery, directly above the area my
mother described. My grandfather was later buried right next to her on the Kalapana side, a
cousin on the Kapoho side, and a stillborn baby of another cousin between my grandmother and
grandfather, by the noni tree. My great-grandfather, Makapo Kaho`okaulana, Tutu Rebecca's
father, is also buried somewhere in that cemetery area. I do not know exactly where.
29. I go to my `ohana burials at Kaipu`uelelu about two to three times a year to
maintain the area and keep down the weeds. The last time I was there was either April or May of
2026. Other lines of our `Ohana also take care of other areas within Kaipu`uelelu, where their
kupuna are buried.
Why This Matters To Me
30. I have not tried to go down to Pu`ilima recently. But in my family, this area is our
culture and our heritage. It is where my mother's generation was taught to live off the ocean.
Once it is destroyed, it is gone.
31. If my family does not have access to Pu`ilima and the shoreline, we cannot teach
future generations the ways of living off the land that we grew up learning. It is like a papa ku`i
`ai and pohaku ku`i `ai. If you have them in your hands, you can pass them down and show your
grandchildren what it means to ku `i kalo (pound taro), because they have something to hold. The
`aina works on the same principle: without a place to show them, the next generation will not
understand.
32. In January 2025, I did a phone interview with Gina McGuire so that she could
write a cultural impact assessment that documented our `ohana history, lifestyle, and practices in
Kaimu. Appendix H of Exhibit "A-33" is a true and correct copy of the transcript of my
interview. I have reviewed the transcript of my January 2025 interview with Gina McGuire,
which appears in Appendix H of Exhibit "A-33." The transcript accurately reflects the statements
I made during that interview.
33. In May 2025, I attended the family meeting at Robert Keliihoomalu's house.
There, many of my `Ohana members and I signed a petition in opposition to the development. A
true and correct copy of the page of the petition that I signed is attached as Exhibit "A-48."
34. I testify today because I do not want to lose our culture. My mother and kupuna
taught us how to live in Kaimu, and it is now our job to teach our children and grandchildren
what our kupuna taught us. But if there is no Pu`ilima or no way to safely access Pu`ilima, the
living and next generations will never get to learn.
I declare under penalty of law that the foregoing is true and correct.
DATED: Kea`au, Hawaii, October 20, 2026.
�IOWARD KONANUI
NATIVE HAWAIIAN LEGAL CORPORATION
1164 Bishop Street, Suite 1205
Honolulu, Hawaii 96813
Telephone: (808) 521-2302
TERINA K. FA`AGAU 11511
ASHLEY K. OBREY 9199
Attorneys for Appellant
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
`OHANA O MOKUHULU, KAIMU
MAKENA, AND KALAPANA,
Appellant,
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC.,
Landowner.
correct:
CASE NO.: PL-BOA-2026-000127
WRITTEN TESTIMONY OF LEILA
KEALOHA
WRITTEN TESTIMONY OF LEILA KEALOHA
I, LEILA KEALOHA, declare under penalty of perjury that the following is true and
Background
1. I am iwi kuamo `o o Puna (from the bones of my ancestors of Puna). I am a Native
Hawaiian whose ancestors inhabited the Hawaiian Islands prior to 1778.
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2. I was born and raised and have lived all but two years of my life in Puna. I have
lived in Maku`u Hawaiian Homesteads in Popoki-Halona, Puna, since 2022.
I am a member of Appellant `Ohana o Mokuhulu, Kaimu Makena, and Kalapana
(the "`Ohana"), and I submit this testimony in support of the `Ohana's appeal. I am a lineal
descendant of the Kealoha, Kaualalena, Kekua, Waiau, Ahia, Pahia, Makua and Makuakane,
Kalaiwa`a, Kaho`owaiwai, Ulunui `ohana of Kikala-Ke6kea, Kaimu, Makena, Mokuhulu,
Kalapana, Apua, Keauhou, Halape, `Opihikao, Kapoho, `Ahalanui, Pohoiki, Keahialaka, Ki,
Malama, Ka`akepa, Kaueleau, Kamaili and Kauaea.
4. I was born on October 21, 1976, in Hilo to John David Kaualalena Kealoha and
Gail Bee (Holland) Kealoha. I am the second of their four daughters. I grew up in Puna makai,
from Kamoamoa to Kapoho, and I spent a lot of time in Kaimu, Kalapana, `Opihikao, and
Pohoiki from the time I was a baby into adulthood.
5. I graduated from Pahoa High School in 1994 and earned an Associate of Science
degree in Tropical Forest Ecosystems and Agroforestry Management, a Bachelor of Science
degree in Environmental Science, and a Master's degree in Educational Administration. I also
completed a teacher certification program through the University of Hawaii at Hilo and Kanu O
Ka `Aina Learning `ohana.
6. I was a teacher at Kua O Ka La Public Charter School from 2004 to 2022. I am
also the Executive Director of P6haku Pelemaka, a nonprofit organization formed in 2013 whose
mission is to protect, perpetuate, and enhance: the intrinsic qualities of Puna makai, Native
Hawaiian wellbeing, and the transmission of intergenerational knowledge and practices in
partnership with `ohana (family); county, state, government agencies; and public/private sectors.
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My Family and Our Fishing and Gathering Traditions
7. My father was 100% Kanaka Maoli from Puna and the third of eight siblings. His
father, my grandfather Gabriel Luka Kealoha III, was born on Kaimu beach next to Kumaka`ula
heiau (temple), where the family hale (house) stood. He was born to Gabriel Luka Kealoha Sr. of
Kaimu and Cecelia "Sarah" Kaualalena of Keone`o`io, Maui. My grandmother, Mary Kawailani
Makuakane, was born in 1934 in `Opihikao to Thomas Kaonohiokala Makuakane of Kapoho and
Kaulaokeahi "Hattie" Makua of `Opihikao.
8. My great-grandfather Thomas Makuakane was known throughout Puna as a
fisherman and a lauhala gatherer, and he was respected for fishing the entire coastline. My
grandfather Gabriel worked for him gathering lauhala and went holoholo (fishing and gathering
trips) with him along the coast, where he was taught about the `opae `ula (red shrimp) and about
feeding and caring for the `opelu ko`a (`opelu fishing grounds) between Kapoho and `Opihikao.
My grandfather and his older sister Elsie were taught by their mother, Sarah, to pound `opihi,
gather limu (seaweed), and fish along the coastline from Malama to Kaimu. My grandfather was
known as "the `Opihi Man." He was one of the old-time fishermen at Pohoiki before there was a
boat ramp, and he was the main advocate for building it.
9. My father learned from my grandfather how to fish the coastline, both on land and
from the ocean. With his brother, Gabriel Luka Kealoha IV, and their cousin Nohea Peleiholani,
he fished the entire coast from Makena to Apua, including Keauhou and Hilina Pali. As a child, I
remember sending my father off for days at a time to go holoholo. That is where my own love
and passion for fishing comes from. My father also started the Kumaka`ula Canoe Club in
Kaimu with two of his cousins. It later became the Kalapana Canoe Club and is now the Puna
Canoe Club.
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Our Family Burials and the Leina
10. The names of this place carry meaning. Kaimu refers to the canoes and the type of
fishing done here. I have been told there is, or was, a ku`ula (fishing shrine) here to honor the
fishing akua (god) Ku. Makena speaks of the many who are mourned and wailed for here.
Kaipu`uelelu refers to the ipu (calabash), to a fishing god, and to the active energy within the
area. Kalaehiamoe refers to the point of sleep, the point from which our kupuna return to the
ocean through the leina (place where the spirits leap into pa). Kalaehiamoe and Pu`ilima were
also used as a canoe launching site and for gathering ocean resources, and the ponds inside the
beach held brackish water that was gathered with ipu.
11. My family's burial ground is the Makena gravesite at Kaipu`uelelu. The cemetery
dates back to the 1700s. My cousin Kanani Balai, who was raised by our great-grandmother
Sarah, taught us the place's native name, Kaipu`uelelu. It sits directly across the Kalapana-
Kapoho Road from the property that is the subject of this appeal, Tax Map Key (3) 1-2-018:001
(the "subject property"). Buried there are my grandmother; my great-grandmother Sarah; my
great-grandfather and great -great-grandparents; my great -granduncles; my grandfather's sister
Elsie and her daughters Geraldine and Patricia; my grandfather; and my father in 2022.
12. There are also many older burials behind and around my `ohana's graves that
have no headstones. We understand these to be our predecessors, which is why my `ohana came
to be buried there. The entire area is a leina — part of a large complex that is the resting place for
our family.
13. We believe our `ohana will eventually end up in the ocean. The shoreline across
from the cemetery is part of that leina, or lele: it is where the spirits cross over into the sea. This
is why my family buries close to the beach or the cliff, if not on them. Our kupuna who pass are
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buried, and in time they become the nutrients that feed the earth below them, which extends to
the sea. The beach at Pu`ilima is an extension of our family burial grounds.
Our Burial Customs
14. My family buries our `ohana who have passed away in a particular way, and we
have certain customs that we do when laying our kupuna to rest. Days or a week before the
burial, we dig the grave and line its walls with rocks, so the sides do not cave in. Then a wooden
box is built to go inside, and the casket is placed in it. When the digging is finished, we always
go across the street to the beach and get in the water together. We do this to cleanse after the
serious task of laying them to rest, and to be close to where our loved one will eventually go.
This is what we call `aukai and pikai (bathing in and sprinkling with seawater for cleansing)
15. For `aukai and pikai, we go down to the water together, walking the trail from the
cemetery, which goes across the Kalapana-Kapoho Road and down to the beach at Pu`ilima. This
is the route my family taught me to use and that we have used my entire life, and it brings us to
the area where we have traditionally entered the water to perform these practices. We did these
practices when digging the graves and after burying them. Exhibits "A- I" and "A-2" are
photographs of Pu`ilima, and they fairly and accurately depict Pu`ilima, where we have always
safely entered the water.
16. It is also our custom to visit our kupuna after they are buried to honor them, and
to seek their advice. My grandmother took me to visit our kupuna at the cemetery when I was
growing up, and so did my father. My father always fished at Pu`ilima during those visits too.
Growing up, even when we were not digging graves or burying someone, we would go to
Pu`ilima to sit with my mom and sister while my dad fished.
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17. I go to Kaipu`uelelu to visit and care for our kupuna several times a month,
depending on the environmental circumstances. Exhibit "A-3" is a TMK parcel map marked with
the traditional trail that my `ohana has always used to cross the property from Kaipu`uelelu to
Pu`ilima. Leslie Rosehill marked the trail on this map based on her knowledge. I know this trail
well, and the markings are not survey -precise, but they accurately show the general route the trail
follows.
18. At Pu`ilima, we gather shells, `ili`ili (smooth pebbles) and larger p6haku (stones)
to place on `ohana burials in the ahupua`a and at Kaipu`uelelu. I have done this throughout my
entire life and still do to this day. My grandmother loved to collect shells, and when I visit
Pu`ilima, all the shells I find go onto her grave. When we gather `ili`ili or larger pahaku, it is
usually while we are digging a grave and burying our loved one.
19. I remember my father and his brothers dug my grandmother's grave and placed
her in her final resting place according to our `ohana customs — including going across the street
to Pu`ilima afterward to get in the water together, so we could cleanse and be close to where my
grandmother would eventually go. It also cleanses us of any hewa (wrong) committed when
preparing our `ohana to go to their final resting place.
Loss of Access to Pu`ilima
20. My father died on November 18, 2022. I prepared everything for his funeral and
burial at Kaipu`uelelu, the same way my father did for his parents, other `ohana and kupuna.
21. While preparing for his burial, I met my cousin at the cemetery to decide where to
dig, and I saw from Kaipu`uelelu that the property across the Kalapana-Kapoho Road, now
owned by Kaimu Cove LLC, had been bulldozed. This was between December 5 and 7, 2022,
about a week before my dad's burial. I also saw there were signs posted about a subdivision on
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the property. My uncle who happened to pass by and see me at the cemetery stopped to ask if I
knew what was going on. I did not.
22. I later learned that Notice of Violation and Order No. 1, dated October 10, 2022,
had been issued for the property about a month or two before. Exhibit "A-14" is a true and
correct copy of that notice.
23. On December 13, 2022, we buried my father at Kaipu`uelelu. After the burial and
the pa`ina (gathering) at Uncle Robert Keliihoomalu's home, many of my `ohana were asking
each other about what was happening at the property, and no one seemed to know. As we always
do, we then made our way down to the beach at Pu`ilima for `aukai and pikai as a family to
celebrate and mourn my father.
24. When we reached the portion of our traditional trail crossing Kaimu Cove LLC's
property there was a new gate that had been put up. We felt locked out, extremely mad, and lost.
We were always taught to be respectful and not to go onto anyone's place where we do not feel
welcome or have not been invited. As a result, we did not go past the gate and could not reach
the beach at Pu`ilima to perform `aukai and pikai as we traditionally do following a burial.
25. That was the first of many times since then that our `ohana has been unable to
complete these practices after laying one of our kupuna to rest. I distinctly remember wanting to
wail and cry, and asking my kupuna why this was happening.
26. Since Kaimu Cove LLC bought the property, our access to Pu`ilima across the
property has been restricted, and I have been able to cross it only rarely. I can no longer use our
trail freely, as my `ohana always has, to reach the water across from Kaipu`uelelu for `aukai,
pikai, fishing, or gathering. Exhibits "A-5," "A-6," and "A-7" are street view images of the
property from Kalapana-Kapoho Road in 2011, 2019, and 2024. I know this stretch of road and
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the property's entrance well, and each image fairly and accurately shows how the entrance
looked at that time.
My Attempts to Consult with the Planning Department
27. Soon after my father's burial, on December 20, 2022, I contacted Planning
Department Director Zendo Kern to find out what was going on and to say that I opposed the
development. Exhibit "A-5 I" is a true and correct copy of my email correspondence with the
Planning Department about the subject property from December 20, 2022 through October 24,
2023, including my December 20, 2022 email to Director Kern.
28. In January 2023, Director Kern put me in touch with SMA Planners Tracie-Lee
Camero and Alex Roy, and we scheduled a meeting for February 2, 2023. I asked to bring my
cousin Michael "Mikey" Wayne Kyser, Jr. to the meeting. We met in person on February 2,
2023, at 11:00 a.m. with SMA Planners Camero and Roy at the Planning Department office in
Hilo. At this meeting, Mikey and I were told that Planner Camero and Planner Roy were the only
two SMA planners for Hawaii Island. We were also told that we would be contacted if any
further development moved forward.
29. On February 3, 2023, the day after our meeting, Planner Camero emailed me an
inventory survey that had been submitted for the subject property and a Planning Department
complaint form. Exhibit "A-52" is a true and correct copy of that email. After that, no one from
the Planning Department contacted me with any updates for more than eight months, until I
followed up with Planner Camero on October 24, 2023.
30. On October 24, 2023, after visiting my `ohana at the cemetery, I sent a follow-up
email to Planner Camero asking for an update on the landowners' plans. She replied the same
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day: "The landowner is currently working on completing an SMA Use Permit Application (also
known as an SMA Major). Once a completed application is submitted I will let you know."
31. No one contacted us after that. Nearly a year later, on October 2, 2024, I learned
from Aunty Emily Naeole about the Windward Planning Commission hearing on Kaimu Cove
LLC's proposed project that was scheduled for the next day. That same day, I emailed Director
Kern to ask why I had not been contacted about the hearing. He responded at 8:26 a.m. on
October 3, 2024, to apologize for not being aware that this would be on the agenda.
32. I attended the October 3, 2024 Windward Planning Commission hearing. At the
hearing, I heard the landowners represent that there was no opposition to the project. I testified
orally at the hearing, via Zoom, in opposition to the proposed project. Director Kern publicly
apologized to me during the hearing, and at the end of the hearing he asked the Commission to
require a cultural impact assessment (CIA) or archaeological inventory survey (AIS). Exhibit
"A-9" is a true and correct copy of the minutes showing that I testified.
33. After the hearing, the `Ohana asked Dr. Gina McGuire to prepare a cultural
impact assessment and Ka Pa`akai analysis for Pu`ilima. Exhibit "A-33" is a true and correct
copy of the Draft Cultural Impact Assessment and Ka Pa`akai Analysis for Pu`ilima (McGuire,
October 2025), including my written responses that appear in Appendix G, and they are true and
correct.
34. On January 24, 2025, I emailed Planner Alex Roy and asked him to formally
notify Leslie Rosehill and me at least two weeks before the application was placed on a
Commission agenda. Exhibit "A-34" includes a true and correct copy of my January 24, 2025
email (which Leslie's June 6, 2025 email forwarded). I never received a response.
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35. On May 25, 2025, I helped organize and spoke at a family meeting about the
project at Uncle Robert Keliihoomalu's house in Kaimu. About 70 people attended, most of them
`Ghana members. Kaimu Cove LLC's representatives, Mark Wyatt and Lisa Ann Benham, also
attended. After the meeting, neither followed up with or consulted our `ohana.
36. On August 1, 2025, I emailed Planner Roy and Planning Director Jeffrey Darrow
in opposition to the proposed project, expressing that I felt completely disrespected and
disregarded when Kaimu Cove LLC said at the October 2024 Commission hearing that there was
no opposition. I also wrote to share that we had collected signatures of others in opposition to the
proposed project and started work on a CIA. Exhibit "A-35" includes a true and correct copy of
my August 1, 2025 email on pages 7 and 8.
37. I later learned that Kaimu Cove LLC had submitted a new SMA Assessment
application on September 15, 2025, for a single-family home and pickleball court.
38. On October 9, 2025, Leslie Rosehill, Aunty Ku`ulei Kealoha Cooper, and Dr.
Gina McGuire met in person with Director Darrow and Planner Roy, and I joined the meeting by
Zoom. Director Darrow and Planner Roy told us that Kaimu Cove LLC's new SMA Assessment
application was still pending. At that meeting, I asked that our access to our fishing trail be
restored, and I attempted to explain that our family uses this trail not only to fish and gather, but
also to reach the ocean for `aukai and pikai in connection with our burial customs at
Kaipu`uelelu. I also told them that the landowners were blocking the leina and that my `ohana
was upset. Director Darrow and Planner Roy told us that they could not force the private
landowners to restore our access.
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39. On October 13, 2025, Aunty Ku`ulei Kealoha Cooper emailed our draft cultural
impact assessment to Sean Naleimaile of SHPD, with copies to Director Darrow, Planner Roy,
Leslie Rosehill, Dr. McGuire, and me. Exhibit "A-26" is a true and correct copy of that email.
40. No one from the Planning Department contacted me before the Director approved
SMA Minor Permit No. PL-SMM-2025-000079 on December 4, 2025. On December 4, 2025,
Raimee Steen of the Planning Department emailed Leslie Rosehill and me to inform us that the
Director had approved the SMA Minor Permit application. Exhibit "A-4 I" is a true and correct
copy of that email and the attached letter approving Kaimu Cove LLC's permit application.
Impact of the Proiect
41. Pu`ilima, Kalaehiamoe, Kaipu`uelelu, and Makena are one cultural and burial
complex, and Kaimu Cove LLC has already harmed it. By the time I was preparing for my
father's burial in late 2022, the property had been bulldozed, and the kupuna trees that my
kupuna fed with their bodies were gone. Around that time, Kaimu Cove LLC also put up a gate
at the property entrance, which I saw on my visits to Kaipu`uelelu.
42. From 2023 on, I saw more work being done on the property during my visits to
Kaipu`uelelu. More recently, on the weekend of October 11, 2025, while my `ohana was
gathered at Kaipu`uelelu for a family reunion, I saw work underway across the street. Based on
what Director Darrow and Planner Roy told us at the October 9, 2025 meeting, I understood that
no permit had been approved, so no work should have been happening there. I reported this work
to the Director in my October 13, 2025 email (Exhibit "A-36")
43. The SMA permit that the County approved on December 4, 2025 includes a
"public access easement" route that goes from Kalapana-Kapoho Road to the coast. It is not the
same trail that my `ohana has used to go from Kaipu`uelelu to Pu`ilima. Exhibit "A-46" is a map
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showing the route from the final approved permit. I know that route from my knowledge of and
familiarity with the ahupua`a, and I have walked the easement to the ocean to try to reach the
beach area. Where that route lets out, the coast is a cliff of rough `a`a lava about 10 to 15 feet
above the water, with heavy surf and no safe footing to enter the ocean. There, our family
members especially kupuna and children cannot safely enter the ocean where we have
traditionally performed `aukai and pikai after caring for and burying our kupuna at Kaipu`uelelu,
and where we have gathered food for sustenance. The public access easement does not give me
or my `ohana the access we need to reach Pu`ilima and continue our burial customs, fishing, and
gathering there.
44. Now, I can no longer freely reach the water across from Kaipu`uelelu for `aukai
and pikai, or reach Pu`ilima for fishing, gathering, or any other purpose, as my `ohana always
has. The work on the property and the loss of access have made me feel hurt and disrespected, as
if we have been locked out of the place where we cleanse, gather, and honor our kupuna.
45. If Pu`ilima is not protected, I believe the project will do even more harm to
Pu`ilima, the trail, our access to the water, and the burials. I am concerned that further ground
disturbance may affect places where our kupuna are buried and disrupt the connection between
Kaipu`uelelu and Pu`ilima that is central to our burial customs. Construction on the property
already obstructs the leina, and I am also concerned that further construction will put waste into
the ground that will reach the tidepools, limu, and fish, and may destroy more of the
archaeological sites that have already been disturbed.
46. Because our kupuna are buried right next to the beach or the cliffs, I believe there
may be additional burials in the surrounding area, and they are at risk of being disturbed. For
future generations of my `ohana, that would mean losing our ability to continue our practice of
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cleansing, gathering, and honoring our kupuna at the ocean directly across the street from where
they are laid to rest.
47. I learned our burial customs by taking part in them with my `ohana: I was there
when my father and his brothers laid my grandmother to rest and we went down to Pu`ilima
afterward to get in the water together, and I prepared my father's burial the same way he did for
his kupuna. These practices are taught by doing them together, at the place itself I also did this
when preparing my grandfather's grave. That is when I found a large `opihi shell, already
polished and shining up at me. I placed it on his chest before we closed his casket, and it was
buried with him. Without access to Pu`ilima, I cannot teach the younger generations of my
`ohana to complete `aukai and pikai after laying our kupuna to rest, and I fear these practices will
be lost. Our burial customs connect our kupuna who came before us with the generations of my
`ohana who will come after us, and losing access to Pu`ilima severs that connection.
48. My family asked to be consulted, and we were promised we would be. That
promise was not kept. Over the years we have come to feel that we have been kicked out of our
gathering place. Pu`ilima is not only a place to go holoholo, which we all did. It is where we go
for `aukai and pikai when we are preparing for a family burial. Many of my family members
have done this for generations. My `ohana will continue to be buried at Kaipu`uelelu. To
continue cleansing, gathering, and honoring our kupuna, we need access to the kai (ocean)
directly across the street from where they are laid to rest.
DATED: Popoki-Halona, Puna, Hawaii, October 20, 2026.
Me ke ha`aha`a,
01
ILA KEALOHA
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NATIVE HAWAIIAN LEGAL CORPORATION
1164 Bishop Street, Suite 1205
Honolulu, Hawaii 96813
Telephone: (808) 521-2302
TERINA K. FA`AGAU 11511
ASHLEY K. OBREY 9199
Attorneys for Appellant
BEFORE THE BOARD OF APPEALS
COUNTY OF HAWAI`I
STATE OF HAWAI`I
`OHANA O MOKUHULU, KAIMU CASE NO.: PL-BOA-2026-000127
MAKENA, AND KALAPANA,
WRITTEN TESTIMONY OF NAINOA
Appellant, ROSEHILL
vs.
JEFFREY DARROW, PLANNING
DIRECTOR, COUNTY OF HAWAI`I,
Appellee,
and
KAIMU COVE, LLC.,
Landowner.
WRITTEN TESTIMONY OF NAINOA ROSEHILL
I, NAINOA ROSEHILL, declare under penalty of perjury that the following is true and
correct:
1778.
My Background
I am a Native Hawaiian whose ancestors inhabited the Hawaiian Islands prior to
2. I am a member of Appellant `Ohana o Mokuhulu, Kaimu Makena, and Kalapana
(the "`Ohana").
I am the son of Leslie Uhaunani Enriquez Rosehill and a lineal descendant of the
`ohana (families) of Mokuhulu, Kaimu, and Kalapana. I am 27 years old.
4. I was raised in Lower Puna and attended Kamehameha Schools Hawaii. I am a
contemporary fine artist. I now live in the Hawaiian Paradise Park subdivision.
My Kuleana to Pu`ilima
Through my mother, I am a Kaho `okaulana of Kaimu and Mokuhulu. My great -
great -grandmother, Lepeka Kaho`okaulana, was raised in Mokuhulu, an `ili `aina mauka of
Pu`ilima.
6. I learned the cultural environment of Kaipu`uelelu and Pu`ilima ambiently,
meaning I absorbed it by being around my family and their lived experiences over many
generations, rather than through formal instruction.
7. My uncle Howard Konanui was at one time a primary caretaker of our family
graves at Kaipu`uelelu, as was my mother. My aunty and uncles, including Bernice Walker and
Sam Kaho`okaulana, fished at Pu`ilima when they were growing up, and they showed me the
trails and fishing spots.
8. My kupuna buried at Kaipu`uelelu include my great -great-grandmother, Lepeka
Kaho`okaulana. My uncle Howard Konanui told me that my great -great -great-grandfather,
Makap6 Kaho`okaulana, is buried in Kaimu. I believe he may be buried at Kaipu`uelelu, but I do
not know the exact location.
2
9. Because it is the birth and final resting place of so many of my kupuna, my
relationship to this area is spiritual. My primary role is as one of the many caretakers of
Kaipu`uelelu, which lies directly across from Pu`ilima. My caretaking centers on my family's
graves. Most of my family's graves are on the mauka side of Kalapana-Kapoho Road, directly
across from the property. Many more unmarked graves keep the iwi of our older `ohana.
10. The earliest I remember being in this area and helping to care for it is around
2013, when my grandfather died. My grandfather's ashes were spread at Pu`ilima. Since his
passing, I generally go at least once a month. Care of the cemetery involved weeding, cleating
debris, and supervising that the general traffic of people in the area isn't disrupting or damaging
to the cemetery.
Why This Matters To Me
11. I have on occasion walked the `a`a trail from Mokuhulu to one of our family's
fishing spots at Pu`ilima, to learn about the history of the place and how it was used. That trail is
on the Pohoiki side of Pu`ilima. It ends at an `a`a cliff above the ocean. From where the `a`a trail
ends, it is unsafe to try to descend the cliff and the rocks along the coast down to the beach at
Pu`ilima. My Aunty, Bernice Walker, had taken me along the trail and to the coast there to show
me where our family fished, and what papa (reefs) were used for certain activities.
12. I was not able to take or walk along our family's fishing/gathering trail to the
pebble and boulder beach at Pu`ilima before it was razed. The access trail has now been
completely razed. After the access trail was razed, I visited the property a handful of times to
observe the changes that were happening there.
13. Although I do not recall the exact dates, in 2023, my uncle and I retrieved some
milo logs from the property, which we used for personal and cultural/educational purposes.
3
When we retrieved the logs, I saw the property had already been razed, and I understood that
they came from the portion of the old milo grove on the property, which was no longer there. We
took the logs because we did not want the milo, which had grown there for generations, to go to
waste. So we gave it new life through teachings and kalai umeke, traditional wood bowl carving.
14. This complex of `aina, Pu`ilima and Kaipu`uelelu, is the foundation of our `ohana
and community. They are symbols of our lived traditions, vehicles for elders to teach the value in
caring for ocean resources.
15. I am concerned about the dignity of Kaipu`ueletu, the cemetery where my family
is buried. Caring for our kupuna there is my kuleana, passed down to me from my uncle Howard
Konanui and my mother, who cared for these graves before me.
16. Many of the graves, including those of our older `ohana, are unmarked, and they
rest directly across from Pu`ilima, where my grandfather's ashes were spread. I have already
seen the fishing/access trail to Pu`ilima and the old milo grove on the property razed.
17. Based on what I have seen, I expect further abuse of and encroachment on the
area by negligent parties with commercial interests in it, and I fear that the resting places of my
kupuna will not be treated with the respect they deserve.The dignity of the dead is an essential
part of both moral and positive law. I ask that the Board allow no further development or activity
that will desecrate this special place.
DATED: Pahoa, Hawaii, October 21, 2026.
NAINOA ROSEHILL
E