A Circuit Court judge has ruled that the state breached its fiduciary obligation to administer the Department of Hawaiian Home Lands for the benefit of native Hawaiians between 1959 and 1988.

The next step in the case is for Circuit Judge Eden Hifo to determine monetary damages.
Hifo, in the decision released today, said that there is “clear and convincing evidence” that breaches by the state “were a substantial factor or legal cause of eligible Native Hawaiians not being placed on the land.”
Additionally, she said: “This court suggests that further proceedings on the out-of-pocket damages should involve motions to establish the parameters for fairly calculating such damages and appointment of a special master to apply those parameters to individual class member submittals of evidence for review and consideration by the trial court.”
Deputy Attorney General Charlene Aina, among the state attorneys arguing the case, had no immediate comment. Plaintiffs in the case are holding a press conference this afternoon.
The state is expected to appeal.
The five-week trial concluded on Sept. 11.
The class-action lawsuit Kalima v. State of Hawaii was filed on behalf of more than 2,700 DHHL beneficiaries. It alleged that DHHL did not provide homes in a timely and prompt manner as required by the Admission Act.
State attorneys argued that DHHL has done what it could with the money it was provided and that it should not be blamed for not providing homes and lots more quickly.
The 2,700 Native Hawaiians represented in the class action are those who went before a state-appointed review panel created in 1991 to resolve the claims for the period between Aug. 21, 1959, and June 30, 1988. That panel ran out of money before nearly all the claims were dealt with.