The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources:

(1) By establishing a Hawaiian home lands trust individual claims review panel which shall:

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Terms Used In Hawaii Revised Statutes 674-1

  • Act: means the Hawaiian Homes Commission Act of 1920, as amended. See Hawaii Revised Statutes 674-2
  • Actual damages: means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8. See Hawaii Revised Statutes 674-2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Beneficiary: means any person eligible to receive benefits of homesteading and related programs from the Hawaiian home lands trust. See Hawaii Revised Statutes 674-2
  • Claimant: means a beneficiary who applies to the panel for a review of a claim for actual damages relating to the trust. See Hawaii Revised Statutes 674-2
  • Compensation: means an award of actual damages to a claimant. See Hawaii Revised Statutes 674-2
  • Corrective action: means action to be taken by the department to correct a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State in the management and disposition of trust resources. See Hawaii Revised Statutes 674-2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Panel: means the Hawaiian home lands trust individual claims review panel. See Hawaii Revised Statutes 674-2
  • Trust: means the Hawaiian home lands trust. See Hawaii Revised Statutes 674-2
(A) Receive, review, and evaluate the merits of an individual beneficiary‘s claim;
(B) Render findings and issue an advisory opinion regarding the merits of each claim filed with the panel, including an estimate of the probable award of actual damages or recommended corrective action that may be implemented to resolve each claim;
(C) Prepare and transmit a report to the governor and legislature, at least twenty days prior to the convening of each regular legislative session, and a final report, at least twenty days prior to the convening of the 1997 regular legislative session, on the activities of the panel including a summary of each claim brought before the panel, the panel’s findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or any recommended corrective action for legislative action;
(D) Disburse any compensation awarded by the legislature in regular session or undertake other actions as provided by law which are acceptable to a claimant; and
(2) By providing an individual beneficiary claimant the right to bring an action to recover actual damages for a breach of trust, in the circuit courts of the State of Hawaii, if the action taken by the legislature in regular session on each claim brought before the panel is not acceptable to an individual beneficiary claimant.

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