reglab/housing_qa huggingface dataset:
HI Rev Stat § 673-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-3 Exhaustion of administrative remedies.

  §673-3 Exhaustion of administrative remedies. Before an action may be filed in circuit court under this chapter, the party filing suit shall have exhausted all administrative remedies available, and shall have given not less than sixty days written notice prior to filing of the suit that unless appropriate remedial action is taken suit shall be filed. All executive branch departments shall adopt in accordance with chapter 91, such rules as may be necessary to specify the procedures for exhausting any remedies available. [L 1988, c 395, pt of §2] Law Journals and Reviews  The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889 (1992). Case Notes  Where plaintiffs failed to comply with the sixty-day notice requirement for filing suit under this section, this failure precluded the supreme court from reviewing any claims brought under this chapter. 110 H. 338, 133 P.3d 767 (2006).
HI Rev Stat § 673-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-4 Scope of relief.

  §673-4 Scope of relief. (a) In an action under this chapter the court may only award land or monetary damages to restore the trust which has been depleted as a result of any breach of trust duty and no award shall be made directly to or for the individual benefit of any particular person not charged by law with the administration of the trust property; provided that actual damages may be awarded to a successful plaintiff.  (b) "Actual damages", as used in this section, means direct, monetary, out of pocket loss, excluding noneconomic damages as defined in section 663-8.5 and any consequential damages, sustained by a native Hawaiian or Hawaiian individually rather than the class generally. [L 1988, c 395, pt of §2]
HI Rev Stat § 673-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-5 Attorney's fees and costs.

  §673-5 Attorney's fees and costs. (a) In any action under this chapter, the court shall, upon a specific finding that a non-prevailing party's claim or defense was frivolous, assess against such party and award to the prevailing party, and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees.  (b) In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney's fees. [L 1988, c 395, pt of §2] Cross References  Vexatious litigants, see chapter 634J.
HI Rev Stat § 673-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-6 Award or judgment as bar.

  §673-6 Award or judgment as bar. An award or judgment in an action under this chapter shall constitute a complete bar to any action by the claimant, by reason of the same subject matter, against the agent, officer, or employee of the State whose act or omission gave rise to the claim. [L 1988, c 395, pt of §2]
HI Rev Stat § 673-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-7 Limited remedy.

  §673-7 Limited remedy. This chapter shall not be construed to limit or enlarge the scope of rights available under any other claims, proceedings or other actions against the State, its officers and employees, arising under chapter 662 or other provisions of law. [L 1988, c 395, pt of §2]
HI Rev Stat § 673-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-8 Proof of liability.

  §673-8 Proof of liability. In no action under this chapter shall any liability be implied against the State, and no award shall be made against the State except upon such legal evidence as would establish liability against an individual or corporation. [L 1988, c 395, pt of §2]
HI Rev Stat § 673-9 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-9 Inapplicability to share of office of Hawaiian affairs.

  §673-9 Inapplicability to share of office of Hawaiian affairs. This chapter shall not apply to suits in equity or law brought by or on behalf of the office of Hawaiian affairs in which the matters in controversy involve the proportionate share of ceded land or special fund revenues allocated to the office of Hawaiian affairs by the legislature. [L 1988, c 395, pt of §2] Case Notes  Where breach of trust claims were for damages resulting from the State's breach of trust duties and did not require a determination of the office of Hawaiian affairs' proportionate share of revenues under this section, this chapter applied to the instant claims. 110 H. 338, 133 P.3d 767 (2006).
HI Rev Stat § 673-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|673. Native Hawaiian Trusts Judicial Relief Act|673-10 Limitation on actions; native Hawaiians.

  §673-10 Limitation on actions; native Hawaiians. Every claim arising under this chapter shall forever be barred unless the action is commenced within two years after the cause of action first accrues; provided that this statute of limitations shall be tolled until July 1, 1990; provided that the filing of the claim in an administrative proceeding pursuant to this chapter shall toll any applicable statute of limitations, and any such statute of limitations shall remain tolled until ninety days after the date the decision is rendered in the administrative proceeding; provided further that any cause of action that first accrues after July 1, 1995 shall forever be barred unless the action is commenced within two years after the cause of action first accrues. [L 1988, c 395, pt of §2; am L Sp 1995, c 14, §13] Case Notes  Where plaintiff office of Hawaiian affairs brought suit in its own corporate name under §10-16, rather than as an agency of the State on behalf of the people of the State, §657-1.5 did not exempt plaintiff from the statute of limitations for bringing a suit under this section. 110 H. 338, 133 P.3d 767 (2006).
HI Rev Stat § 674-1 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-1 Purpose.

  §674-1 Purpose. The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources:  (1) By establishing a Hawaiian home lands trust individual claims review panel which shall:  (A) Receive, review, and evaluate the merits of an individual beneficiary's claim;  (B) Render findings and issue an advisory opinion regarding the merits of each claim filed with the panel, including an estimate of the probable award of actual damages or recommended corrective action that may be implemented to resolve each claim;  (C) Prepare and transmit a report to the governor and legislature, at least twenty days prior to the convening of each regular legislative session, and a final report, at least twenty days prior to the convening of the 1997 regular legislative session, on the activities of the panel including a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or any recommended corrective action for legislative action;  (D) Disburse any compensation awarded by the legislature in regular session or undertake other actions as provided by law which are acceptable to a claimant; and  (2) By providing an individual beneficiary claimant the right to bring an action to recover actual damages for a breach of trust, in the circuit courts of the State of Hawaii, if the action taken by the legislature in regular session on each claim brought before the panel is not acceptable to an individual beneficiary claimant. [L 1991, c 323, pt of §1; am L 1993, c 351, §1]
HI Rev Stat § 674-2 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-2 Definitions.

  §674-2 Definitions. As used in this chapter, unless the context otherwise requires:  "Act" means the Hawaiian Homes Commission Act of 1920, as amended.  "Actual damages" means direct, monetary out-of-pocket loss, excluding noneconomic damages as defined in section 663-8.5 and consequential damages, sustained by the claimant individually rather than the beneficiary class generally, arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State with respect to an individual beneficiary in the management and disposition of trust resources.  "Beneficiary" means any person eligible to receive benefits of homesteading and related programs from the Hawaiian home lands trust.  "Claimant" means a beneficiary who applies to the panel for a review of a claim for actual damages relating to the trust.  "Commission" means the Hawaiian homes commission.  "Compensation" means an award of actual damages to a claimant.  "Corrective action" means action to be taken by the department to correct a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and was caused by an act or omission by an employee of the State in the management and disposition of trust resources.  "Department" means the department of Hawaiian home lands.  "Employee of the State" means the officers and employees of any state agency and any persons acting in behalf of a state agency in an official capacity.  "Native Hawaiian" means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian islands previous to 1778.  "Panel" means the Hawaiian home lands trust individual claims review panel.  "Trust" means the Hawaiian home lands trust. [L 1991, c 323, pt of §1; am L Sp 1995, c 14, §14]
HI Rev Stat § 674-3 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-3 Establishment of the board of individual claims resolution.

  §674-3 Establishment of the board of individual claims resolution. There shall be a Hawaiian home lands trust individual claims review panel to be composed of five members and appointed as follows: the chairperson shall be appointed by the governor and shall be a former federal or state court judge, where possible, or an attorney licensed to practice law in the courts of the State. The governor shall appoint the remaining four members, all of whom shall be from nominations submitted by native Hawaiian organizations as defined in section 673-2. No more than two of the members shall be residents of the same island.  All of these appointments shall be subject to senatorial confirmation. The panel shall be placed within the department of commerce and consumer affairs for administrative purposes. [L 1991, c 323, pt of §1]
HI Rev Stat § 674-4 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-4 Tenure and compensation of members.

  §674-4 Tenure and compensation of members. The term of office of each member of the panel shall be until December 31, 1999. Any member appointed to fill a vacancy shall be appointed by the governor for the remainder of the term. A vacancy in the panel shall not affect its powers.  Each member of the panel shall be compensated at the rate of $100 per day for each day's actual attendance to the member's duties; provided that the compensation shall not exceed a maximum of $10,000 per year. The members of the panel shall be paid their necessary traveling and subsistence expenses incurred in the discharge of their duties. Expenses incurred under this section shall be paid by the department of commerce and consumer affairs. [L 1991, c 323, pt of §1; am L 1993, c 351, §2; am L 1997, c 382, §4]
HI Rev Stat § 674-5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-5 Panel staff; power to contract.

  §674-5 Panel staff; power to contract.  (a) Supervisory, administrative, investigatory, hearings, and clerical personnel necessary for the efficient functioning of the panel shall be appointed by the panel and the director of commerce and consumer affairs on a temporary exempt basis. There shall be a special assistant to the chairperson of the Hawaiian homes commission, to be hired by the commission, for the purposes of this chapter.  (b) Upon application by a claimant, the panel, under appropriate circumstances and in accordance with section 28-8.3, may provide for legal services to assist a claimant in the preparation and presentation of a claim for review by the panel under this chapter.  (c) The panel shall have the power to make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter. [L 1991, c 323, pt of §1; am L 1993, c 351, §3; am L Sp 1993, c 8, §53; am L 2015, c 35, §39]
HI Rev Stat § 674-6 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-6 Rulemaking powers.

  §674-6 Rulemaking powers. The panel shall adopt rules in accordance with chapter 91 prescribing the procedures to be followed in the filing of claims and in the proceedings for review of claims under this chapter, and any other rules as the panel deems necessary to carry out the purposes of this chapter. [L 1991, c 323, pt of §1; am L 1993, c 351, §4]
HI Rev Stat § 674-7 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-7 Review by panel required.

  §674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of trust resources under the trust, shall file a claim therefor for review by the panel no later than August 31, 1995, or shall forever be barred. [L 1991, c 323, pt of §1; am L 1993, c 351, §5]
HI Rev Stat § 674-8 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-8 Powers and procedures of the panel.

  §674-8 Powers and procedures of the panel.  (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and shall cause notice thereof to be given to the claimant, the department and commission. The panel may, for good cause, allow claims to be consolidated for review.  (b) A majority of all members to which the panel is entitled, which shall include the chairperson, shall constitute a quorum for the panel to meet and review any claim, and the concurrence of a majority of all the members to which the panel is entitled shall be necessary for any findings and advisory opinion issued by the panel to be valid.  (c) Any member of the panel may administer oaths or affirmations to witnesses appearing before the panel. The panel shall have powers of subpoena and compulsion of attendance of witnesses and production of documents and of examination of witnesses as are conferred upon a circuit court. Subpoenas shall be issued under the signature of the chairperson or any person designated by the chairperson. The circuit court of any circuit in which a subpoena is issued or served or in which the attendance or production is required, upon the application of the panel, may enforce the attendance and testimony of any witness and the production of any document so subpoenaed. Subpoena and witness fees and mileage shall be the same as in the circuit courts, and shall be payable from funds appropriated for expenses of administration. Notwithstanding such provisions, the panel shall attempt to secure the voluntary appearance, testimony and cooperation of parties, witnesses and other persons appearing before the panel without coercion.  (d) The panel may appoint a hearings officer or officers, not subject to chapter 76, to hear any claims and render recommended findings. The hearings officer or officers shall have the same authority as the panel in conducting hearings or proceedings under this chapter. The recommended findings of the hearings officer or officers shall be subject to review and redetermination by the panel.  (e) Upon written acceptance by a claimant or an acceptance as provided in section 674-17, the panel shall disburse any compensation awarded by the legislature and undertake such other action as may be provided by law. [L 1991, c 323, pt of §1; am L 2000, c 253, §150]
HI Rev Stat § 674-10 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-10 Findings and advisory opinion.

  §674-10 Findings and advisory opinion. (a) The panel shall prepare findings and an advisory opinion concerning the probable merits of a claim, probable award of compensation, or recommended corrective action by the State.  (b) The findings and advisory opinion shall be signed by all members of the panel; provided that any member of the panel may file a written concurring or dissenting advisory opinion.  (c) The advisory opinion of the panel rendered on each claim shall be incorporated in the reports required by section 674-14 for submission to the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §7]
HI Rev Stat § 674-11 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-11 Subsequent litigation; excluded evidence.

  §674-11 Subsequent litigation; excluded evidence. No statement made in the course of any investigation, hearing, or review proceedings of the panel shall be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any legal proceeding. No opinion, conclusion, finding, or recommendation of the panel on the issue of liability, or on the issue of compensation, or corrective action shall be admitted into evidence in any legal proceeding, nor shall any party to the panel hearing, or the counsel, or other representative of the party, refer to or comment thereon in any opening statement, any argument, or at any other time, to any court or jury. [L 1991, c 323, pt of §1; am L 1993, c 351, §8]
HI Rev Stat § 674-12 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-12 Immunity of panel members from liability.

  §674-12 Immunity of panel members from liability. No member of the panel shall be liable in damages for libel, slander, or other defamation of character of any party to a panel proceeding for any action taken or any opinion, conclusion, finding, or recommendation made by a panel member while acting within the member's capacity as a member of the panel under this chapter. [L 1991, c 323, pt of §1]
HI Rev Stat § 674-13 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-13 Legal adviser.

  §674-13 Legal adviser. The panel, in accordance with section 28-8.3, shall obtain its own legal counsel to provide legal services necessary to implement the purposes of this chapter. [L 1991, c 323, pt of §1; am L Sp 1993, c 8, §53; am L 2015, c 35, §40]
HI Rev Stat § 674-14 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-14 Annual report.

  §674-14 Annual report. The panel shall prepare a report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1998, and a final report to be transmitted to the governor and to the legislature, at least twenty days prior to the convening of the regular session of 1999, which summarizes its activities in furtherance of this chapter, and shall include a summary of each claim brought before the panel, the panel's findings and advisory opinion regarding the merits of each claim, and an estimate of the probable compensation or recommended corrective action by the State, for action by the legislature in regular session. [L 1991, c 323, pt of §1; am L 1993, c 351, §9; am L 1997, c 382, §5]
HI Rev Stat § 674-15 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-15 Limitations upon award of compensation or corrective action.

  §674-15 Limitations upon award of compensation or corrective action. No claim shall be made under this chapter for which a remedy was or is provided elsewhere under the laws of this State, which is or was the subject of pending or prior litigation, or which is predicated, in whole or in part, on an act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt of §1]
HI Rev Stat § 674-15.5 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-15.5 Preclusion of title-related claims.

  §674-15.5 Preclusion of title-related claims. Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the State, including but not limited to lands which were, are, or may have been Hawaiian home lands. [L Sp 1995, c 14, §16]
HI Rev Stat § 674-16 (2021)
2021 Hawaii Revised Statutes|Title 36. Civil Remedies and Defenses and Special Proceedings|674. Individual Claims Resolution Under the Hawaiian Home Lands Trust|674-16 Waiver of immunity.

  §674-16 Waiver of immunity. (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and was caused by an act or omission of an employee of the State in the management and disposition of trust resources.  (b) This waiver shall not apply to the following:  (1) Any claim for which a remedy was or is provided elsewhere in or under the laws of the State;  (2) Any claim which was or is the subject of prior or pending litigation; or  (3) Any claim predicated, in whole or in part, upon any act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt of §1; am L 1993, c 351, §10]