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The Honolulu Advertiser
Posted on: Saturday, August 8, 2009

Lawsuit seeks protection for Kawaiaha'o Church iwi


BY Rick Daysog
Advertiser Staff Writer

A former chairwoman of the Maui/Lana'i Burial Council has sued the state Department of Land and Natural Resources and Kawaiaha'o Church over the discovery of 69 human remains unearthed during construction of the church's $17.5 million multipurpose center.

Dana Naone Hall, a Hawaiian cultural specialist whose relatives are buried at Kawaiaha'o's cemetery, is asking a state judge to halt construction and further disinterments until appropriate archaeological studies are done.

Hall's suit said the DLNR incorrectly determined that burials were "inadvertent discoveries," allowing the church to circumvent a more rigorous review by the O'ahu Burial Council.

"The purpose of this complaint is to prevent further harm to native Hawaiian remains disturbed or threatened to be disturbed by construction of defendant Kawaiaha'o Church's proposed multipurpose center and associated improvements," the suit said.

Hall's lawsuit, which was filed by the Native Hawaiian Legal Corp. and Maui attorney Isaac Hall, follows a similar suit filed last month by Campbell Estate heiress Abigail Kawananakoa. Kawananakoa alleged that the church, with the aid of DLNR officials, circumvented state burial laws to fast-track the development of the new center.

Kawaiaha'o officials and a spokeswoman for the DLNR had declined comment on Hall's suit yesterday. In court documents filed earlier this month, church officials said the project is not subject to state laws on Native Hawaiian burials since the church site is an active cemetery.

"As a cemetery, Kawaiaha'o may disinter all human burial remains within the project area," church attorney Crystal Rose wrote.

Called "the Westminster Abbey of Hawai'i," Kawaiaha'o is one of the state's oldest and best-known churches.

The new multipurpose center — next to the church sanctuary — aims to expand the church's membership, which has declined in recent years. The center — which will include classrooms, a $1 million kitchen and office space — replaces the church's Likeke Hall, which was also built on a former cemetery.

The Kawaiaha'o iwi discovery is one of the largest on O'ahu, exceeding those found at WalMart's Ke'eaumoku location and the Ward Village Shops in Kaka'ako, whose building plans were delayed for months due to the discovery.

Hall said the discovery of the remains can't be considered "inadvertent" since the church grounds had been a burial site for native Hawaiians during pre-contact and post-contact period. She added that the church's own archaeological consultants noted that historic burials and historic artifacts may exist on church property.

"This is a major desecration that is being planned," said Hall.