ohaʻs lawsuit

OHA has long advocated for improved stewardship of the mauna and beginning in 2015 engaged the state and UH in a nearly two-year mediated process to resolve the mismanagement of Mauna Kea. Ultimately, this effort was not successful. Left with no other recourse, OHA filed a lawsuit in 2017 to advocate on behalf of the Native Hawaiian people to hold the state and UH accountable for its longstanding and well-documented mismanagement of Mauna Kea. Among other things, OHA’s complaint requests the court to order the state fulfill its trust obligations relating to Mauna Kea and to terminate UH’s general lease for the mountain for breach of the lease’s terms.

OHA’s Mauna Kea Lawsuit:

• OHA Lawsuit

• VIDEO: Nov. 8, 2017 Full press conference announcing OHA lawsuit

• Press release announcing OHA lawsuit (11/8/17)

OHA Media on Mauna Kea

• Action Needed at Mauna Kea (July 2017) by OHA Trustee Dan Ahuna, Chair of the OHA Board’s Ad Hoc Committee on Mauna Kea

• UH Fails to Address Longstanding Mismanagement of Mauna Kea (December 2017) by OHA Trustee Dan Ahuna

• The Awakening (August 2019) by Sterling Wong, OHA Public Relations Officer

OHA Press Releases and Statements

• Press Release: OHA seeks continued TMT moratorium (April 11, 2015)

• Press Release: OHA seeks to include Mauna Kea ‘Ohana leadership in discussions (April 20, 2015)

• OHA Statement: Mauna Kea arrests (July 15, 2015)

• Press Release: OHA files lawsuit against state for mismanagement of Mauna Kea (November 8, 2017)

• Press Release: UH’s proposed rules fall short of ensuring appropriate stewardship of Maunakea (September 24, 2018)

• OHA Statement: Hawaiʻi Supreme Court ruling on the TMT permit (October 30, 2018)

• OHA Statement: Mauna Kea extreme athlete viral video (Feb. 6, 2019)

• OHA Statement: Mauna Kea ruling (March 14, 2019)

• OHA Statement: Arrest of a Kiaʻi and the dismantling of several symbolic structures on Mauna Kea (June 20, 2019)

• Press Release: OHA leadership demands halt to TMT construction to avoid harm to Native Hawaiians and the public until steps are taken to ensure public safety (July, 13, 2019)

• Press Release: OHA leadership reiterates their demand that the state provide a safe place for Native Hawaiians to assemble and peacefully protest TMT construction (July 14, 2019)

• Press Release: OHA Board Approves Resolution on Maunakea (July 25, 2019)

• OHA Statement: Meetings with Mayor Harry Kim and Kiaʻi (July 29, 2019)

oha testimonies at uh bor

• UH’s Administrative Rules for Mauna Kea (NEW)

OHA submitted formal testimony to the University of Hawaiʻi stating that the University’s proposed administrative rules for Maunakea “fall short” of ensuring appropriate stewardship for the sacred mountain.

Enacted in 2009, Act 132 authorizes the University of Hawaiʻi’s Board of Regents (UH BOR) to adopt administrative rules to regulate “public and commercial activities” for its Maunakea lands. The law also requires the UH BOR to consult with the Office of Hawaiian Affairs (OHA) in developing these administrative rules.

The UH BOR will consider the latest draft of the proposed administrative rules on Aug. 30.

• UH Press Release: Regents to hold meeting on Aug. 30 on Maunakea rules

  1. UH’s Draft Administrative Rules for Maunakea

  2. OHA Statement on UH’s Draft Administrative Rules

  3. OHA Testimony on UH’s Draft Administrative Rules:

     • June 20, 2011

     • June 7, 2018

     • September 11, 2018

     • May 31, 2019

• Proposed New Mauna Kea Management Authority

During the 2018 Legislative Session, lawmakers considered establishing a new authority to manage Mauna Kea. Ultimately, no legislation was enacted.

• OHA Testimony at Feb. 12, 2018 hearing of Proposed SD1 of SB3090

  1. White Paper on SB3090 SD2

  2. White Paper on HB 1985 Proposed SD1 Updated 4.2.18