Collaberation: Teaming up with Kīpuka Kuleana

Huliauapaʻa teamed up with Kīpuka Kuleana, a non-profit whose mission is perpetuating kuleana, ahupuaʻa based natural resource management and connection to place through protection of cultural landscapes and family lands. As part of their objectives to provide support to families working to keep ancestral lands through connecting them with legal, counseling and hoʻoponopono, financial, genealogy, all of the materials developed in this workshop series are housed on the new Kīpuka Kuleana website. To help keep the privacy of these created resources, participants were asked to register by creating a log-in to the site. These resources were updated weekly on the website.

VII. Recommendations

Workshop Improvements Takeaways and Insights

When asked, “If you have any comments about today's workshop and how to improve it”, while many people responded, “not at this time or N/A''. Due to being restricted online, many also asked for future in-person workshops. Some other suggestions included offering workshops at different times, and doing more break out sessions. For each workshop specifically, other recommendations made by our participants included:

Workshop 1: Importance of ʻĀina Research

• The workshop was really engaging, and the presenters were on point. So much good.
• Information shared, wished we had more time to go in depth on the topic of Mahele and more strategies on how to utilize the databases to take full advantage of their features.
• Donovan did an excellent job at presenting information on the different land types.
• A follow-up to include supporting information would be great.
• The workshop today was very helpful, and the introduction of new resources and
• Collections was amazing. Mahalo ia oukou no ka oukou hana nui e holomua ai ko kakou lahui.
• It is the best we can do given our situation. Perhaps more examples on each moku.
• I really liked the engagement activities of the workshop.

Workshop 2: Overview of Property Taxes

• OHA please fund more!
• Looking forward to reviewing posted PowerPoints from today’s presentation.
• Super interesting. I wish I learned this in high school!
• It was awesome. I look forward to the #3 and #4 Workshop. Mahalo for inviting me.
• Being older and having attended many workshops, I am looking for and need action, not more words. I understand this is a workshop but obviously you having it acknowledges there IS A PROBLEM. For many Hawaiians it is too late.
• Honestly, I thought it was very well put together, to the point, & highly useful.

Workshop 3: Foundations of Access Easements and Right of Entry

• No comment, great job!
• Topic outline from speakers.
• Face to face after COVID.
• Please continue to use examples in your workshops. This is helpful. Thanks.
• Very insightful. Mahalo for making it available.
• Maybe 2 short breaks, one between the presentations, one right before the Q&A part?
• Would have liked more info on Access.

Workshop 4: Estate Planning Part I: Quiet Titles and Adverse Possession

• These guys know their stuff but it was difficult to apply and connect. There’s so much to know and it was difficult to follow along.
• I think this was amazing and it helped me understanding quiet title a little more. Going over more on adverse possession is something I would look into.
• If presenters could create 1-3 slides of major manaʻo that they will be covering, it would be super helpful as we follow along and listen to their presentations.
• The workshop was organized very well and the links to resources were made available multiple times. I believe that we all share the same mana'o that we wish we had more time but other than that, the workshop was awesome.
• I hope videos are available from the past workshops and this one.
• My family has been on the plaintiff end of the quiet title... as well as the active caretaker, taxpayer, and full-time occupant of Kuleana Lands. It would be nice to also include "kuleana" of families who have not.... and shed light on those acts too.
• Lance and Bianca definitely have a lot of subject matter expertise. Some of the legal terms I had to take notes on to look up later.
• This particular subject could have a longer run time.
• Maybe more visuals to show the effect of these processes relationally.

Workshop 5: Estate Planning Part II: An Introduction to Estate and Trust Planning

• Hope Huliauapa'a can continue to have these workshops in the future.
• Thankful for the workshop.
• Would love a workshop on building a Hawaiian Kingdom Trust, that protects allodial title lands and the heirs from having to go into court to defend at great costs.
• He wahi leo mahalo kēia.

Suggestions for Future Training and/or Workshop Topics

When asked, “Do you have any suggestions for future training and/or workshop topics?” While many people responded, “not at this time or N/A”, some suggestions made by our participants included:

Workshop 1: Importance of ʻĀina Research

• How to consult with SHPD and Burial Council.
• Litigation & case law
• Creating CBFSAs
• Understanding and navigating title: clearing, necessary (or not), process, consequence, cost, assistance (if it exists).
• Background research, identification, & documentation of wahi pana for community/ʻohana empowerment.
• Family / Land Genealogy 101

Workshop 2: Overview of Property Taxes

• No, except to bring more workshops like this or to hold these in the future because land or property taxes are such an important, yet sensitive subject to talk about or converse about. I think it would be beneficial to bring this same series into the future.
• More more more.

Workshop 3: Foundations of Access Easements and Right of Entry

• Deeper dives into topics, paha.
• Repeat some of the same ones but include multiple perspectives, use breakouts for facilitated discussion, go deep, help specific folks set up follow up actions or connect to similar efforts.

Workshop 4: Estate Planning Part I: Quiet Titles and Adverse Possession

• I hope future training will arise from this. I see how important it is as a kanaka to wear many hats, and sometimes that's a burden. So, having trained kanaka that fight for these claims, I think would benefit the broader lahui.
• A workshop to actually dive-in and work on moʻokūʻauhau as a hui.
• A suggestion might be to have the presenters do more in-depth presentations, workshops or PD's for community/Huliauapa'a/KC if they haven't already. These workshops have brought a lot of useful information and I hope that we can see more of them.
• Tax exemptions for all kinds of land/home ownerships...How can our families understand all options to reduce-minimize taxes using the existing system for now.
• IDK if this would apply to others, but what are our rights when negotiating with surrounding landholders for access, easement, etc when we aren't currently on our ‘āina? Last workshop did cover conservation easement, but this seems different.
• Land - Partition issues.

Workshop 5: Estate Planning Part II: An Introduction to Estate and Trust Planning

• Continuation on estate planning.
• What to do if RP for family ʻāina was recently discovered, however, ʻāina has been quitclaimed, sold, transferred, etc. over the years and how to reclaim it?
• The estate planning was super relevant, I would attend another session if you folks offered it again.
• More on estate planning.
• How to build a Hwn Kingdom Trust to protect alodio title lands from foreign government and foreigner overreaching using US or other Foreign laws not applicable.
• E hoʻomau wale nō.

Ways to Expand the ʻĀpana ʻOhana Workshop Series

Our participants also shared other ways they would like to see the ʻĀpana ʻOhana Workshop Series expanded. Their recommendations included:

• Iwi kupuna protection and SHPD procedures.
• Maybe doing guided workshops where we actively are researching and getting kōkua.
• Repeat the workshops for others who couldn't attend.
• Similar topics, new speakers.
• A response team of resource people willing to be on call and work full time to help ʻohana and walk them through their specific cases and issues is really needed. It should have legal expertise, assistance with moʻokuahua, lands and archival research, connections to property tax expertise and to estate planning. Also hoʻoponopono and maybe mediation capabilities. Most important, follow up sessions by island that are less sharing content and more talking through issues of that area with concerned community members, connecting them to resources and one another.
• Perhaps broaden your audience to reach middle school/high school, especially regarding ʻāina research. I feel there is a deep need for our youth to connect with and understand the environments they interact with daily.
• I think it would be cool to focus on specific islands and see how different or similar each island's process is.
• Focus Workshop on the Kuleana Land Tax Exemption. The process, genealogy resources and research.
• How to be more active in policy making regarding these motions.
• How to consult with governmental agencies.
• I’m interested in researching maps.
• More land use topics.
• Perhaps some training on real estate and how it works and how to influence and contest sales. Also maybe on hoʻoponopono and working within ʻohana to avoid losing ʻohana lands.
• With the current situation of dependency on transported food/goods from the continent, a series on how to gather/cultivate/utilize native/local resources for survival (food/medicine/tools/alternatives to consumer goods) would be timely.
• Looking more into mo'oku'auhau aina and specific aina terminology.
• More on land use and preservation options and perhaps something on capturing land use history from kupuna.
• The Kuleana Land Tax Exemption, County Property Exemptions.

Future Steps for OHA

Based on all of the data collected, workshops we held, and people who have reached out to us, it is clear that there is a great need in the Hawaiian community, pae ʻāina-wide to support families trying to keep their kuleana and ‘ohana heir property. It is clear that challenges that Hawaiians are facing, in regard to kuleana and ʻohana heir properties, are land related, and stem from historical disenfranchisement from lands as a lāhui and as ʻohana. What is more apparent from these workshops, feedback, and community discussions are the emotional and cultural challenges that families are facing related to the loss or struggle to remain connected to kuleana and ʻohana heir lands. The ability to continue to develop relationships generationally to place, whether an ahupuaʻa or a tiny part of it, are huge motivations to families as they struggle to hold on to their ʻĀpana ʻOhana. Thus, we would like to humbly propose two mid to long term solutions to bridge the gaps in knowledge and resources for the Hawaiian community relating to kuleana and ʻohana heir lands.

We recommend the establishment of a certificate program in the UH system that would allow students in Law, Hawaiian Studies, Geography, Planning and other related fields to develop a tool kit of expertise specializing in Hawaiian land issues past and present.

Although the ʻĀʻO workshop series span a wide range of fields and professions, that might appear disparate at first glance, it is apparent how tightly connected this series is to issues of Hawaiian culture, identity, family, and housing. The current Director of Hawaiian Studies, Dr. Kekuewa Kikiloi has been approached about this potential and is open to the possibility. To begin the discussion, we have compiled an inventory of courses offered at various UH institutions, departments that are relevant to ʻohana and kuleana heir lands. Such a certificate would provide practical education and resources to haumāna as they go into real-world professions that touch on issues of ʻohana, kuleana, heir lands, and enduring access to place.

At present there are many resources dedicated to assist Hawaiians acquiring new lands, mortgages, homes etc., however, there are few established resources to help Hawaiians keep lands they already have. Moreover, there are many levels of proactive and even re-active steps Hawaiians can and should take to kākoʻo their ʻĀpana ʻOhana (tax exemptions, estate planning, moʻokūʻauhau research, etc.). We have found from speakers and participants that they in fact also need support understanding what lawyers are requesting and often if they even need lawyers or certain documents (Title searches, Rights of Entry, some specific examples).

Based on this series, surveys, evaluations, guest speakers and participant responses we have identified that the greatest current need for families in regard to ʻĀʻO, is a support system to assist Hawaiian families in navigating challenges associated with Access, Easements, Māhele and other land research, Estate Planning, Property Taxes, Quiet Titles and Adverse Possession. Therefore, establishment of a certificate program in the UH system that would allow training and students in Law, Hawaiian Studies, Geography, Planning and other related fields to develop a tool kit of expertise specializing in Hawaiian land issues past and present.

We recommend, very strongly, that OHA consider a full-time staff position dedicated to assist, provide resources, and educate Hawaiian individuals, families, and communities on issues of kuleana and ʻohana heir lands.

There is great need, and an OHA full-time staff position decdicated to ʻĀpana ʻOhana could have an enormous positive impact in the community relative to the cost of an annual salary. If we expect Hawaiian ʻohana to continue to hold to their ʻohana places, they need help navigating the land system, understanding legal or historic jargon, as well as opportunities for education and empowerment on kuleana and ohana heir land issues. Such a position could help families navigate resources, experts, references, documentation, and the complexities of modern and historical land in Hawaiʻi. All these needs come before families engage with lawyers, while they engage with lawyers and often instead of taking the costly step of engaging with lawyers.

Such an important position could assist families struggling to farm, to maintain intergenerational pilina to place, to prevent the loss of Hawaiian voices in gentrifying communities, to continue family traditions and cultural access, and perhaps most under threat today: staff support for these issues would help Hawaiian families with housing, by keeping the homes of their kūpuna in their families.