Date: 201603
Local time of day: 0601-1200
Location: HCF.TRACON, HI
Light: Night
Aircraft: Large Transport; Low Wing; 2 Turbojet Eng
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Parked
Airspace: Class C OGG
ATC / advisory: TRACON HCF
Reporter organization: Government
Reporter function: Supervisor / CIC
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Troubleshooting; Communication Breakdown; Situational Awareness; Distraction; Confusion
Anomaly: ATC Issue All Types; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: Taxi
Result: Air Traffic Control Provided Assistance
Contributing factors: Airport; Procedure
Primary problem: Procedure

Narrative: OGG RWY 2 was closed by NOTAM at XA:45. At XA:48 Aircraft X called the R3 controller who was working all of the HCF enroute airspace combined requesting departure from [OGG]. The tower closed at XA:00 so the airport was uncontrolled. The controller asked me what to tell Aircraft X. I advised her to issue a release for departure but to advise Aircraft X that RWY 2/20 closed at XA:45. While she did that I attempted to call the airport operator; the State of Hawaii; Department of Transportation; and Airports Division to clarify the status of RWY 2/20. All of the phone numbers I called were answered by voicemail but I was able to reach Kahului Airport Security who advised no operations personnel were on duty. The R3 controller advised me that Aircraft X said they had spoken with the airport contractor doing paving work at the airport and that they had arranged for a delay in the runway closure through them and provided a phone number. I contacted the contractor; and they advised me they were waiting for Aircraft X to depart before starting work. I requested that they continue to delay starting their work on the runway while I attempted to get in contact with the airport operator and my on call [manager]. I called the [manager] on call and explained the situation. They said to release the departure as long as the contractor said they were clear of the runway. I disagreed strongly and still do but complied with the direction and had the R3 controller issue the release. I think what we did was wrong and that FAA does not determine the status of a runway that we do not own; only the airport operator has that ability. It's my belief that the contractor is not a proxy for the operator as there could be more than one type of work being conducted by more than one contractor during the time the operator has closed the runway.Regardless of whether or not what we did was legal the situation is certainly not good. The last time this happened a month or two ago the aircraft gave up and went back to the gate and the passengers were forced to spend an extra day on Maui. This runway work has been ongoing for years and if there are going to be departures so close to the runway closure times the State should keep personnel on duty to ensure that they runway stays open long enough for them to depart or some type of mechanism needs to be put in place to keep the FAA advised of the status of the runways there.




Synopsis: A HCF Controller reported of an aircraft that was given permission to depart even though the runway was NOTAMd closed. The airport personnel were gone and the authority was given to the contractor who was also in contact with the pilot. The controller reported that he thought this was wrong.