reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-5 Contracts in contravention of law.

§1-5 Contracts in contravention of law.
Private agreements shall have no effect to contravene any law which concerns public order or good morals. But individuals may, in all cases in which it is not expressly or impliedly prohibited, renounce what the law has established in their favor, when such renunciation does not affect the rights of others, and is not contrary to the public good. CC 1859, §7; RL 1925, §7; RL 1935, §7; RL 1945, §6; RL 1955, §1-8; HRS §1-5
Cross References
Parental preferences in government contracts and services, see §577-7.5.
Case Notes
Contracts.
No recovery of medical fees when plaintiff not approved by board of health. 4 H. 9.
Condition in restraint of marriage, void. 6 H. 72 (single justice).
No recovery on note given for liquor sold without license. 24 H. 263.
Illegal transaction, action for money had and received, whether parties in pari delicto. 21 H. 513; 22 H. 759.
Illegal consideration for indivisible note voids note. 24 H. 263. Accord: 24 H. 540.
Contract for services by a public official within the scope of official duties, void. 24 H. 540. Ultra vires agreement by public officer to be distinguished from one contrary to public policy, former being enforceable against one who has received benefits. 19 H. 41.
Buyer under conditional sales contract cannot show seller's waiver of terms of contract as part of an illegal raffle. 26 H. 407.
Insurable interest, whether sufficient for group life insurance or whether a wager involved. 50 H. 177, 434 P.2d 750.
Renunciation of rights.
Provision as to waiver applied. 5 H. 300, 304; 11 H. 428, 429; 12 H. 262, 264. But see as to appeals, jurisdictional requisites, note appended to chapter 641.
Validity of provision in articles limiting statutory power to make bylaws. 15 H. 333, 343, 346.
Jurisdiction cannot be stipulated. 46 H. 197, 208, 377 P.2d 609.
Waiver of defense of res judicata. 50 H. 22, 428 P.2d 411.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-6 Prohibitory law, effect.

§1-6 Prohibitory law, effect.
Whatever is done in contravention of a prohibitory law is void, although the nullity be not formally directed. [CC 1859, §8; RL 1925, §8; RL 1935, §8; RL 1945, §7; RL 1955, §1-9; HRS §1-6]
Case Notes
Applied in holding no common law marriage; statutory requisites enforced. 25 H. 397, 403; 34 H. 161, 165. See 295 F. 636.
Statute requiring consent of parent for marriage of certain minors is prohibitory, and marriage without consent will be annulled. 26 H. 89, 95.
Cited and considered in relation to usury statute. 49 H. 160, 184, 413 P.2d 221, reh'g denied. 49 H. 255, 413 P.2d 221; see 36 H. 107, 126.
Referred to: 35 H. 545, 549; 37 H. 374, 378; 39 H. 378, 381; 45 H. 247, 259, 365 P.2d 460.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-7 Repeal of laws.

§1-7 Repeal of laws.
Laws may be repealed either entirely or partially by other laws. [CC 1859, pt of §20; RL 1925, §21; RL 1935, §23; RL 1945, §23; RL 1955, §1-10; HRS §1-7]
Case Notes
Referred to: 17 H. 428, 438.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-8 No revivor on repeal; exception.

§1-8 No revivor on repeal; exception.
The repeal of any law shall not revive any other law which has been repealed, unless it is clearly expressed. [CC 1859, pt of §20; RL 1925, §22; RL 1935, §24; RL 1945, §24; RL 1955, §1-11; HRS §1-8]
Case Notes
Statute repealing 1870 divorce law without expressly reenacting previous statutes on the subject would result in there being no law to enable divorces to be granted, if the repealing statute were valid. 3 H. 661.
No revival under this section where statutes attempted to be revived referred to only in general terms. 7 H. 359.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-10 Effect of repeal on accrued rights.

§1-10 Effect of repeal on accrued rights.
The repeal of any law shall not affect any act done, or any right accruing, accrued, acquired, or established, or any suit or proceedings had or commenced in any civil case, before the time when the repeal takes effect. [CC 1859, §22; RL 1925, §24; RL 1935, §26; RL 1945, §26; RL 1955, §1-13; HRS §1-10]
Rules of Court
Effect of rules of court on pending proceedings, see HRPP rule 59 and Sup. Ct. order of October 29, 1976.
Attorney General Opinions
New administrative rules superseded old rules as to all matters except permit applications that were filed before July 1, 1994; further, on or after July 1, 1994, when statutory authority for old rules was repealed, the old rules were void and not in effect, the only exception being with respect to pending permit applications from the period before July 1, 1994. Att. Gen. Op. 97-4.
Case Notes
A law repealing former divorce laws does not affect pending suits. 3 H. 304.
Repeal in 1859 of provision for reservation of mineral rights, effect of. 49 H. 429, 442, 421 P.2d 570.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-11 Effect of repeal on pending suit or prosecution.

§1-11 Effect of repeal on pending suit or prosecution.
No suit or prosecution pending at the time of the repeal of any law, for any offense committed, or for the recovery of any penalty or forfeiture incurred under the law so repealed, shall be affected by such repeal. [CC 1859, §23; RL 1925, §25; RL 1935, §27; RL 1945, §27; RL 1955, §1-14; HRS §1-11]
Case Notes
Prosecution for gaming valid though law repealed pending appeal taken for trial de novo. 9 H. 98.
Section applied and minimum term of imprisonment was determinable under the law as it existed at time of commission of crime. 50 H. 351, 440 P.2d 528.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-12 Application of statutory construction provisions.

§1-12 Application of statutory construction provisions.
All provisions of the Hawaii Revised Statutes relating to general statutory construction shall apply not merely to laws now in force but to all hereafter enacted, unless otherwise expressed or obviously intended. [L 1945, c 233, §4; RL 1955, §1-15; HRS §1-12]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-13 Official languages.

§1-13 Official languages.
English and Hawaiian are the official languages of Hawaii. Whenever there is found to exist any radical and irreconcilable difference between the English and Hawaiian version of any of the laws of the State, the English version shall be held binding. Hawaiian shall not be required for public acts and transactions. [L 1864, p 68; RL 1925, §26; RL 1935, §9; RL 1945, §8; RL 1955, §1-16; HRS §1-13; am L 1979, c 97, §2]
Law Journals and Reviews
"Officially" What? The Legal Rights and Implications of €˜ÅŒlelo Hawai €˜i. 30 UH L. Rev. 243.
Case Notes
Originally, Hawaiian version prevailed. 1 H. 402; 1 H. 457. Beginning with cc 1859, English version prevailed. 8 H. 478; 41 H. 358, 366.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-13.5 Hawaiian language; spelling.

§1-13.5 Hawaiian language; spelling.
(a) KahakÅ and `okina may be used in the spelling of words or terms in the Hawaiian language in documents prepared by or for state or county agencies or officials.
(b) Effective July 1, 2023, any letterhead prepared by or for state or county agencies or officials that contains names or words in the Hawaiian language shall use and spell the names and words consistently; provided that revisions to conform any letterhead existing before July 1, 2023, to the requirements of this section may be implemented when the letterhead requires replacement, reprinting, or otherwise requires revision.
(c) Any rule, order, policy, or other act, official or otherwise, that prohibits or discourages the use of kahakÅ and `okina or the consistent use and spelling of Hawaiian names and words, as provided by this section, shall be void.
(d) For the purposes of consistency, any Hawaiian names and words used in letterhead subject to subsection (b) shall be printed in conformance with:
(1) "Hawaiian Dictionary: Hawaiian-English, English-Hawaiian", by Mary Kawena Pukui and Samuel H. Elbert, University of Hawai`i Press, copyright 1986;
(2) Any other commonly used Hawaiian-language dictionary;
(3) "Place Names of Hawaii", by Mary Kawena Pukui, Samuel H. Elbert, and Esther T. Mookini, University of Hawai`i Press, copyright 1974, as revised and expanded in 1976;
(4) Consultations from members of the Hawaiian-speaking language community, including native speakers;
(5) Consultations with the Hawaii board on geographic names for the names and spellings of geographic features in Hawaii; or
(6) The Hawaiian newspaper collection Nupepa Olelo Hawaii.
(e) Violation of this section shall not invalidate any document or render it unenforceable and shall provide no cause of action against the State; any county; or any state or county agency, official, or employee.
(f) If, in any document covered by this section, there is a conflict between words used by native speakers and second language speakers, two versions of the document may be made available to the public upon request if the affected department has sufficient resources.
(g) For the purpose of this section, "native speakers" means speakers of the Hawaiian language who come from an unbroken lineage of primary speakers of the Hawaiian language. [L 1992, c 169, §2; am L 2022, c 170, §2]
Law Journals and Reviews
"Officially" What? The Legal Rights and Implications of `ÅŒlelo Hawai`i. 30 UH L. Rev. 243.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-14 Words have usual meaning.

§1-14 Words have usual meaning.
The words of a law are generally to be understood in their most known and usual signification, without attending so much to the literal and strictly grammatical construction of the words as to their general or popular use or meaning. [CC 1859, §9; RL 1925, §9; RL 1935, §10; RL 1945, §9; RL 1955, §1-17; HRS §1-14]
Attorney General Opinions
Cited in construing "child". Att. Gen. Op. 93-1.
Case Notes
Where statute does not refer to renewal of a license and treats all licenses as similar whether first or subsequent, circumstance that in popular mind there is a difference not sufficient to alter plain meaning. 12 H. 303, 306.
Where words are defined in statute express declaration of meaning governs. 15 H. 29, 34; 33 H. 371, 374; 36 H. 170, 178; 37 H. 314, 319, aff'd 174 F.2d 21; 37 H. 374, reh'g denied. 37 H. 380; 38 H. 16, 28; 49 H. 426, 421 P.2d 294; 4 U.S.D.C. Haw. 664, 667.
Presumption is that words used in usual sense. 25 H. 669, 686; 31 H. 625, 629, aff'd 52 F.2d 411; 41 H. 156, 159; 43 H. 154, 160; 44 H. 519, 530, 356 P.2d 1028; 46 H. 375, 399, 381 P.2d 687. Other cases where usual sense given or statute cited: 3 H. 793; 5 H. 321; 8 H. 259; 25 H. 747, 754; 39 H. 100, 109. But most known and usual sense may be repelled by the context, 25 H. 669, 686; 34 H. 269, 272, reh'g denied. 34 H. 324, aff'd 105 F.2d 286; or where would lead to absurdity or inconsistency, 43 H. 154, 157; 44 H. 220, 227, 352 P.2d 846. Compare where strict construction called for. 22 H. 618, 625; 38 H. 421, 426; 44 H. 59, 67, 352 P.2d 335; 45 H. 167, 177, 363 P.2d 990.
Modern meaning given, as distinguished from ancient restricted meaning. 34 H. 245. Commonly accepted meaning, as distinguished from fine distinctions of law of future interests. 46 H. 375, 381 P.2d 687.
More natural interpretation may be rejected where would lead to unconstitutionality. 36 H. 170, 182; 40 H. 257, 259.
While common meaning is general rule, where statute involves a trade presumption is that words have trade meaning. 45 H. 167, 177, 363 P.2d 990.
There must be substantial justification for disregarding generally accepted meaning, but court must look to evils which provision expected to cure. 50 H. 212, 437 P.2d 99.
Words of any statute, usually read in their ordinary and popular sense. 52 H. 279, 474 P.2d 538.
Usual meaning should be rejected if it results in absurdity. 55 H. 55, 515 P.2d 621.
Statute may be construed contrary to literal meaning where literal meaning results in absurdity and the words are susceptible of another construction carrying out the manifest intent. 57 H. 84, 549 P.2d 737.
Whatever is necessarily or plainly implied is as much a part of the statute as that which is expressed. 58 H. 53, 564 P.2d 436.
Courts are bound to give effect to all parts of a statute if such a construction can legitimately be found. 60 H. 487, 591 P.2d 607.
Cited in construing "accident". 1 H. App. 625, 623 P.2d 1271.
Cited in construing "decision". 131 H. 513, 319 P.3d 432 (2014).
Mentioned: 9 H. App. 325, 839 P.2d 530.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-16 Laws in pari materia.

§1-16 Laws in pari materia.
Laws in pari materia, or upon the same subject matter, shall be construed with reference to each other. What is clear in one statute may be called in aid to explain what is doubtful in another. [CC 1859, §11; RL 1925, §11; RL 1935, §12; RL 1945, §11; RL 1955, §1-21; HRS §1-16]
Attorney General Opinions
Sections 1-29 and 92-7 both address issue of time in relation to actions required by law, must be read in pari materia. Att. Gen. Op. 92-6.
Cited in construing "child". Att. Gen. Op. 93-1.
Case Notes
Consideration of other laws in arriving at meaning. 236 F.2d 622, 625; 235 F. Supp. 990, 998; aff'd 352 F.2d 735; 1 H. 31; 1 H. 457, 259 (464); 8 H. 715, 720; 15 H. 325, 332; 22 H. 589, 591; 25 H. 397, 403; 26 H. 469, 475; 35 H. 21, 23; 45 H. 1, 13, 361 P.2d 374; 47 H. 87, 110, 384 P.2d 536; 47 H. 361, 388, 389 P.2d 439.
County nonliability statute and Contribution among Tortfeasors Act in pari materia. 283 F. Supp. 854.
Statute should be construed with reference to system of laws of which it is a part; exemption of bequest "otherwise taxed" does not refer to federal tax. 14 H. 38.
Consideration of subsequent act in pari materia. 37 H. 252, 258; 43 H. 84, 85.
Meaning of words or phrases used in two or more sections of a statute presumed the same. 46 H. 164, 172, 377 P.2d 932; 49 H. 624, 635-6, 425 P.2d 1014.
Sections of chapter 101, eminent domain, in pari materia. 50 H. 237, 437 P.2d 321.
Sections 651-44, 651-49 and 634-64, relating to attachment, are in pari materia. 51 H. 164, 454 P.2d 116.
Excise tax law and income tax law should be construed in relation to each other. 56 H. 644, 547 P.2d 1343.
Principle applied to welfare fraud and general theft statutes. 61 H. 79, 595 P.2d 291.
Cited: 3 H. 90, 98; 3 H. 223, 229; 5 H. 73, 74; 20 H. 114, 119; 34 H. 935, 938; 73 H. 81, 829 P.2d 1325.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-17 Number and gender.

§1-17 Number and gender.
Words in the masculine gender signify both the masculine and feminine gender, those in the singular or plural number signify both the singular and plural number, and words importing adults include youths or children. [PC 1869, c 1, §5; RL 1925, §14; RL 1935, §15; RL 1945, §14; am L 1945, c 233, §1; RL 1955, §1-22; HRS §1-17]
Case Notes
Singular read as plural where more than one office to be filled. 22 H. 520, 523.
"Sureties" read as "surety". 33 H. 265, 266.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-18 "Or", "and".

§1-18 "Or", "and".
Each of the terms "or" and "and", has the meaning of the other or of both. [PC 1869, c 1, §4; RL 1925, §15; RL 1935, §16; RL 1945, §15; am L 1945, c 233, §2; RL 1955, §1-23; HRS §1-18]
Case Notes
Applied: 230 F. Supp. 455; 17 H. 135, 141; 34 H. 935, 941.
"And" deemed conjunctive, not alternative. 33 H. 98, 101.
"Or" deemed alternative, not conjunctive, penal statute. 44 H. 601, 604, 359 P.2d 289.
Applied in substituting "and" for "or" in public accountancy statute. 51 H. 80, 452 P.2d 94.
"Or" deemed "and". 54 H. 356, 507 P.2d 169.
Use of word "and" is not necessarily decisive. 56 H. 675, 548 P.2d 268.
Cited: 52 F.2d 411, 414; 5 H. 52, 53; 19 H. 393, 397.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-19 "Person", "others", "any", etc.

§1-19 "Person", "others", "any", etc.
The word "person", or words importing persons, for instance, "another", "others", "any", "anyone", "anybody", and the like, signify not only individuals, but corporations, firms, associations, societies, communities, assemblies, inhabitants of a district, or neighborhood, or persons known or unknown, and the public generally, where it appears, from the subject matter, the sense and connection in which such words are used, that such construction is intended. [CC 1859, §17; RL 1925, §16; RL 1935, §17; am L 1939, c 150, §1; RL 1945, §16; am L 1945, c 233, §3; am L 1955, c 57, §1(e); RL 1955, §1-24; HRS §1-19]
Case Notes
Though "person" includes corporation, term "corporation" held not to include an individual. 22 H. 660, 662.
Applicability of various statutes to counties discussed, counties as "corporations". 17 H. 9, 14. Municipal corporation subject to garnishment as a "person". 23 H. 564, 568.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-20 "Month", "year".

§1-20 "Month", "year".
The word "month" means a calendar month; and the word "year", a calendar year. [CC 1859, §18; RL 1925, §17; RL 1935, §18; RL 1945, §17; RL 1955, §1-25; HRS §1-20]
Case Notes
Cited: 10 H. 249, 250; 38 H. 443, 444.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-21 "Oath".

§1-21 "Oath".
The word "oath" includes a solemn affirmation. [CC 1859, §19; RL 1925, §18; RL 1935, §19; RL 1945, §18; RL 1955, §1-26; HRS §1-21; am L 1973, c 31, §1]
Cross References
Constitutional provisions, see Const. art. I, §7 and art. XVI, §4.
Right to affirm instead of swear on grounds of religious belief, see §621-12.
Rules of Court
See HRCP rule 43(d); HRPP rule 6(h); DCRCP rule 43(d).
Case Notes
Judicial oath in common use is legal oath. 8 H. 259.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-22 "County".

§1-22 "County".
The word "county" includes the city and county of Honolulu. [L 1935, c 121, §1; RL 1945, §19; RL 1955, §1-27; HRS §1-22]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-23 Severability.

§1-23 Severability.
If any provision of the Hawaii Revised Statutes, or the application thereof to any person or circumstances, is held invalid, the remainder of the Hawaii Revised Statutes, or the application of the provision to other persons or circumstances, shall not be affected thereby. [L 1955, c 57, §1(f); RL 1955, §1-29; HRS §1-23]
Case Notes
Part may be invalid and rest valid. 7 H. 76, 78; 9 H. 171, 174; 12 H. 120, 122; 13 H. 590, 593; 15 H. 607, 609; 19 H. 535, 542; 19 H. 628, 629; 21 H. 39, 42; 28 H. 222, 227; 31 H. 196, 202; 31 H. 678, 697; 36 H. 32, 41; 38 H. 310, 328; 40 H. 604, 609. But if an essential part is invalid the whole is. 15 H. 365, 370.
If an exception is invalid whole may fall. 11 H. 112, 121; 13 H. 590, 595; 15 H. 361.
Statute may be invalid as to some and not as to other objects within its terms. 13 H. 590, 594; 121 F. 772. But see 31 H. 196, 202; 31 H. 678, 697.
Where one part invalid remainder cannot stand if elimination of invalid part would alter meaning of the remainder. 15 H. 361.
See also note to §5, Hawaiian Organic Act.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-24 Interpretation of uniform acts.

§1-24 Interpretation of uniform acts.
All provisions of uniform acts adopted by the State shall be so interpreted and construed as to effectuate their general purpose to make uniform the laws of the states and territories which enact them. [L 1955, c 57, §1(f); RL 1955, §1-30; HRS §1-24]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-25 References apply to amendments.

§1-25 References apply to amendments.
Whenever reference is made to any portion of the Hawaii Revised Statutes or of any other law of the State, the reference applies to all amendments thereto. [L 1955, c 57, §1(f); RL 1955, §1-28; HRS §1-25]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-26 References inclusive.

§1-26 References inclusive.
Whenever reference is made to a series of sections in the Hawaii Revised Statutes by citing only the numbers of the first and last sections connected by the word "to", the reference includes both the first and last sections. [L 1955, c 57, §1(f); RL 1955, §1-31; HRS §1-26]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-27 Citations of laws included in supplements and replacement volumes.

§1-27 Citations of laws included in supplements and replacement volumes.
Any act of the legislature may be cited in any subsequent legislative act or in any other proceeding by reference to the chapter or section numbers as set forth in the supplements and replacement volumes published pursuant to sections 23G-14 to 23G-16. [L 1955, c 76, §2; RL 1955, §1-5.5; am L 1963, c 193, §2; HRS §1-27; am L 1979, c 105, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-28 Service of notice by mail.

§1-28 Service of notice by mail.
Wherever a state statute provides for the giving of notice or service of legal process by registered mail the sending of such notice or service of such legal process may be made by means of certified mail, return receipt requested and deliver to addressee only. [L 1961, c 48, §1; Supp, §1-36; HRS §1-28]
Rules of Court
Service outside State in accordance with statute or court order, see HRCP rule 4(e), (f).
Case Notes
Referred to: 50 H. 484, 443 P.2d 155.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-28.5 Publication of notice.

§1-28.5 Publication of notice.
(a) Notwithstanding any other statute, law, charter provision, ordinance, or rule to the contrary, whenever a government agency is required to give public notice or to publish notice, the notice shall be given only as follows:
(1) For statewide publication:
(A) In a daily or weekly publication of statewide circulation; or
(B) By publication in separate daily or weekly publications whose combined circulation is statewide; and
(2) For county-wide publication, by publication in a daily or weekly publication in the affected county.
Additional supplemental notice may also be given through Hawaii FYI, the State's interactive computer system.
(b) For purposes of this section, the comptroller pursuant to chapter 103D shall determine a publication for all government agencies to enable the public to go to one source of publication for published public notice on each island.
(c) Whenever a public notice is published in a newspaper or other publication described in subsection (a), proof of the publication shall be the affidavit of the printer, publisher, principal clerk, or business manager of the newspaper or other publication or of the designated agent of the group that published the notice.
(d) This section shall not apply to notices required by chapters 103D, 103F, 127A, and 523A.
(e) For purposes of publishing a proposed, revised, or final reapportionment plan pursuant to section 25-2, public notice shall be permitted in a short form; provided that each short form public notice shall include the following information:
(1) Whether the reapportionment plan has been either proposed, revised, or adopted;
(2) The online location to view the reapportionment plan;
(3) A list of the location of each public office where the hard copies of the reapportionment plan and maps are available; and
(4) The public hearing dates.
(f) For purposes of this section, "government agency" means each department, board, commission, or officer of the State or any of its political subdivisions. [L 1998, c 2, §2; am L 1999, c 160, §22; am L 2003, c 74, §1; am L 2014, c 111, §3; am L 2021, c 14, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-29 Computation of time.

§1-29 Computation of time.
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a Sunday or holiday and then it is also excluded. When so provided by the rules of court, the last day also shall be excluded if it is a Saturday. [L 1923, c 3, §1; RL 1925, §19; RL 1935, §20; RL 1945, §20; RL 1955, §1-40; HRS §1-29; am L 1973, c 31, §2]
Cross References
Holidays, see § §8-1 to 8-3.
"Month", "year" defined, see §1-20.
"Successive" weeks, see §601-13.
Rules of Court
Computation of time, see DCRCP rule 6; HCTR rule 21; HFCR rule 6; HPR rule 10; HRAP rule 26(a); HRCP rule 6(a); HRPP rule 45(a).
Attorney General Opinions
Section refers to calculation of time in terms of days rather than hours. Att. Gen. Op. 92-6.
Case Notes
Where act to be done a specified period before a certain event, how computed. 8 H. 602; 8 H. 735, 738 (single justice); 19 H. 225 (prior to statutory exclusion of Sunday).
Statute applied: 10 H. 249; 18 H. 7; 24 H. 250 (district court proceeding at time when statute applicable only to circuit court proceedings); 38 H. 443. Not applicable where time was fixed by the judge. 28 H. 455 (Prior to adoption of present rules of court).
Publication "for not less than ten days" before letting contract not satisfied by one publication more than ten days prior. 30 H. 94.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-30 Hawaiian standard time applicable.

§1-30 Hawaiian standard time applicable.
In all statutes, ordinances, rules, regulations, and orders relating to the time of performance of any act by any state or county officer or agency, whether in the legislative, executive, or judicial branches of the government, or relating to the time within which any rights shall accrue or determine, or within which any act shall or shall not, may or may not, be performed by any person subject to the jurisdiction of the State, that time shall be Hawaiian standard time. [L 1947, c 161, §2; RL 1955, §1-41; HRS §1-30]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-31 Hawaiian standard time; definition; observance.

§1-31 Hawaiian standard time; definition; observance.
Hawaiian standard time is ten hours slower than Greenwich time, based on the mean solar time of the one hundred and fiftieth degree of longitude west from Greenwich and shall be the time which the entire State, including all of its political subdivisions, shall observe annually, notwithstanding the daylight time conversion provisions of the Uniform Time Act of 1966, Public Law 89-387, 80 Statutes at Large 107. [L 1947, c 161, §1; RL 1955, §1-42; am L 1967, c 4, §2; HRS §1-31]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1. Common Law; Construction of Laws › 1-32 Acts to be done on holidays.

§1-32 Acts to be done on holidays.
Whenever any act of a secular nature other than a work of necessity or mercy is appointed by law or contract to be performed upon a particular day, which day falls upon a Sunday or holiday, the act may be performed upon the next business day with the same effect as if it had been performed upon the appointed day. When so provided by the rules of court, the act also may be performed upon the next business day with the same effect as if it had been performed upon the appointed day if the appointed day falls on a Saturday. [L 1923, c 3, §2; RL 1925, §20; RL 1935, §23; RL 1945, §22; RL 1955, §1-44; HRS §1-32; am L 1973, c 31, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 1B. Designation of Rural Areas for Federal Programs › 1B-1 Rural areas and federal programs.

§1B-1
Rural areas and federal programs.
(a) The term "rural" under this section shall be strictly used to determine if an area qualifies for a federal program that requires that an area be defined or designated as rural under state or federal law. This section does not connote any land use functions for the area so designated or in any way affect the use or definition of rural districts established pursuant to section 205-2.
(b) An area that qualifies as rural pursuant to a federal definition shall be considered rural by the State for purposes of this section only.
(c) If an area does not qualify as rural pursuant to a federal definition, the following definitions may be used for determining the area's rural status for the purposes of a federal program that accepts state definitions:
(1) Any island with a population density fewer than or equal to five hundred people per square mile shall be considered rural; and
(2) If an island's population density exceeds five hundred people per square mile, an area within the island shall be considered rural if it is within a zip code tabulation area with a population density below eight hundred people per square mile as determined by the population of the last official census and using the entire zip code tabulation area as determined by the United States Census Bureau. [L 2013, c 144, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 3. Uniformity of Legislation › 3-1 Commission.

§3-1 Commission.
There shall be established a commission to promote uniform legislation, placed within the department of the attorney general for administrative purposes, to promote uniformity of legislation in the United States, to be composed of five commissioners, who shall be appointed by the governor in the manner prescribed in section 26-34. The commissioners shall serve without pay but shall be entitled to such technical, clerical, and stenographic assistance, to be furnished by the department of the attorney general, as may be necessary or proper to carry out their duties. [L 1911, c 22, § §1, 3; RL 1945, §35; am L 1949, c 326, §1; RL 1955, §1-45; am L Sp 1959 2d, c 1, § §5, 13; HRS §3-1; am L 2022, c 14, §2]
Cross References
Commission is part of attorney general department, see §26-7.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 3. Uniformity of Legislation › 3-2 Duties.

§3-2 Duties.
(a) The commissioners shall examine all subjects upon which uniformity of legislation in the several states and territories is desirable; ascertain and recommend the best means to effectuate such uniformity and represent the State in conventions of like commissioners of the several states and territories for the consideration and recommendation of uniform laws to be submitted to the several state and territorial legislatures for action; and, generally, devise and recommend such other course of action as may tend to accomplish such purposes.
(b) The members of the commission to promote uniform legislation shall be exempt from any limit on the number of members who may attend meetings and other presentations under section 92-2.5(e) for the purpose of attending and participating in meetings hosted by the National Conference of Commissioners on Uniform State Laws, also known as the "Uniform Law Commission", regardless of whether the meetings are held specifically and exclusively for or directed toward members of the commission to promote uniform legislation. The meetings hosted by the Uniform Law Commission and attended by the commissioners shall not be considered to be meetings of the commission and shall be exempt from the requirements of sections 92-3, 92-7, and 92-9; provided that the commissioners may not vote on which uniform legislation should be proposed or recommended to the legislature for enactment in Hawaii at the meetings hosted by the Uniform Law Commission; provided further that commissioners who attend the meetings hosted by the Uniform Law Commission shall report at the next duly noticed meeting of the commission their attendance and the matters presented or discussed during the hosted meetings that related to official commission business. This exemption shall be in addition to the permitted interactions of members listed in section 92-2.5. [L 1911, c 22, §2; RL 1925, §30; RL 1935, §31; RL 1945, §36; RL 1955, §1-46; HRS §3-2; am L 2022, c 14, §3]
Cross References
Interpretation of uniform acts, see §1-24.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 4. Boundaries › 4-3 Districts include archipelagic waters, etc.

§4-3 Districts include archipelagic waters, etc.
Each of the districts includes archipelagic waters and smaller islands adjacent thereto. [L 1909, c 84, §2; RL 1925, §145; RL 1935, §7621; RL 1945, §152; RL 1955, §10-2; HRS §4-3; am L 1980, c 163, §2]
Cross References
Territorial waters, see note to Const. art. XV, §1.
Case Notes
As each of the districts on the island of Oahu includes archipelagic waters and smaller islands adjacent thereto under this section, where the two dog attacks occurred in shallow water, very close to the shoreline of an Oahu beach, the attacks clearly took place within the waters and archipelagic waters adjacent to the island of Oahu and thus within the city's territorial limits; therefore, the city had the authority to enforce the violations of Revised Ordinances of Honolulu §7-7.2 that defendant was charged with committing, which makes it a crime for a dog owner to negligently fail to control a dangerous dog. 120 H. 486 (App.), 210 P.3d 9 (2009).
2023 Hawaii Revised Statutes › Title 1. General Provisions › 4E. State Board on Geographic Names › 4E-1 State board on geographic names.

§4E-1 State board on geographic names.
There shall be in the office of planning and sustainable development a state board on geographic names, consisting of the following persons or their representatives: the chairperson of the board of land and natural resources, the chairperson of the office of Hawaiian affairs, the chairperson of the Hawaiian homes commission, the director of the office of planning and sustainable development, the president of the University of Hawaii, the state land surveyor, and the director of the Bernice P. Bishop Museum. The members of the board shall serve without compensation.
Section 26-34 shall not apply to this board. [L 1974, c 50, pt of §2; am L 1987, c 336, §7; am L 1988, c 347, §1; am L 1996, c 299, §3; am L 2021, c 153, §8]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 4E. State Board on Geographic Names › 4E-2 Chairperson, secretary.

§4E-2 Chairperson, secretary.
The representative from the department of land and natural resources shall serve as secretary of the board and as custodian of its official records. The board shall select one of its members as chairperson of the board to serve for a term of four years or until the chairperson's successor is selected. [L 1974, c 50, pt of §2; gen ch 1985, 1993]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 4E. State Board on Geographic Names › 4E-3 Responsibilities of the board.

§4E-3 Responsibilities of the board.
(a) The board shall designate the official names and spellings of geographic features in Hawaii and provide for circulation thereof to the appropriate state and other agencies. In its deliberations, the board shall solicit and consider the advice and recommendations of the appropriate county government officials, and, should the board desire, other knowledgeable persons.
(b) The department of land and natural resources shall publish an annual list of its decisions, together with information regarding location, the origin and meaning of names, and alternate names and spellings for the features named, which list together with the pertinent information shall be sent to the board of geographic names of the United States.
(c) The departments of the State shall use or cause to be used on all maps and documents prepared by or for them the names and spellings approved by the board on geographic names; provided that such names or spellings shall not be contrary to legally established names or spellings. [L 1974, c 50, pt of §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-5 State seal, description.

§5-5 State seal, description.
The great seal of the State shall be circular in shape, two and three-quarters inches in diameter, and of the design being described, with the tinctures added as a basis for the coat of arms as follows:
Arms. An heraldic shield which is quarterly; first and fourth, stripes of the Hawaiian flag; second and third, on a yellow field, a white ball pierced on a black staff; overall, a green escutcheon with a five-pointed yellow star in the center.
Supporters. On the right side, Kamehameha I, standing in the attitude as represented by the bronze statue in front of Aliiolani Hale, Honolulu; cloak and helmet yellow; figure in natural colors. To the left, goddess of liberty, wearing a Phrygian cap and laurel wreath, and holding in right hand the Hawaiian flag, partly unfurled.
Crest. A rising sun irradiated in gold, surrounded by a legend "State of Hawaii, 1959", on a scroll, black lettering.
Motto. "Ua mau ke ea o ka aina i ka pono" on the scroll at bottom, gold lettering.
Further accessories. Below the shield, the bird phoenix wings outstretched; arising from flames, body black, wings half yellow, half dark red; also eight taro leaves, having on either side banana foliage and sprays of maiden hair fern, trailed upwards. L 1901, c 16, §1; RL 1925, §143; RL 1935, §7771; RL 1945, §12941; RL 1955, §14-5; am L 1957, c 29, §1; am L 1959, c 272, §2; HRS §5-5
Note
The seal is the same as that of the Republic of Hawaii, except that the latter was three inches in diameter and had the legend "Republic of Hawaii". See L 1896, p 272, joint resolution; CL §24.
Great Seal of the
STATE OF HAWAII
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-6 Seal; commercial use.

§5-6 Seal; commercial use.
Whoever uses any representation of the great seal or the coat of arms of the State in any advertisement or for any commercial purpose or in any manner likely to give the impression of official State approval shall be guilty of a misdemeanor. The preceding sentence shall not be construed to apply to the use of the seal or the coat of arms in any newspaper, periodical, book or pamphlet wherein the seal or coat of arms is printed for informational purposes only. [L 1967, c 86, §1; HRS §5-6]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-6.5 State language.

§5-6.5 State language.
(a) The Hawaiian language is the native language of Hawaii and may be used on all emblems and symbols representative of the State and its departments, agencies, and political subdivisions.
(b) The governor, lieutenant governor, state legislators, and heads of the principal departments shall prominently display a Hawaiian translation of the name of their respective office or department at least once on the main page of their official website and in the letterhead of their stationary.
(c) This section shall not be construed to require the full text of legislative bills and other official documents to be written in Hawaiian. [L 1978, c 207, §1; am L 2022, c 170, §3]
Law Journals and Reviews
"Officially" What? The Legal Rights and Implications of `ÅŒlelo Hawai`i. 30 UH L. Rev. 243.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-7 State popular name.

§5-7 State popular name.
The name "The Aloha State" is adopted, established, and designated as the official "popular" name for the State, to be effective so long as the legislature of the State does not otherwise provide. [L 1959, JR 1, §1; Supp, §14-5.1; HRS §5-7]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-7.5 "Aloha Spirit".

§5-7.5 "Aloha Spirit".
(a) "Aloha Spirit" is the coordination of mind and heart within each person. It brings each person to the self. Each person must think and emote good feelings to others. In the contemplation and presence of the life force, "Aloha", the following unuhi laula loa may be used:
"Akahai", meaning kindness to be expressed with tenderness;
"Lokahi", meaning unity, to be expressed with harmony;
"Oluolu", meaning agreeable, to be expressed with pleasantness;
"Haahaa", meaning humility, to be expressed with modesty;
"Ahonui", meaning patience, to be expressed with perseverance.
These are traits of character that express the charm, warmth and sincerity of Hawaii's people. It was the working philosophy of native Hawaiians and was presented as a gift to the people of Hawaii. "Aloha" is more than a word of greeting or farewell or a salutation. "Aloha" means mutual regard and affection and extends warmth in caring with no obligation in return. "Aloha" is the essence of relationships in which each person is important to every other person for collective existence. "Aloha" means to hear what is not said, to see what cannot be seen and to know the unknowable.
(b) In exercising their power on behalf of the people and in fulfillment of their responsibilities, obligations and service to the people, the legislature, governor, lieutenant governor, executive officers of each department, the chief justice, associate justices, and judges of the appellate, circuit, and district courts may contemplate and reside with the life force and give consideration to the "Aloha Spirit". [L 1986, c 202, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-7.6 Aloha order of merit.

§5-7.6 Aloha order of merit.
(a) There is established the Aloha order of merit, within the office of the governor for administrative purposes, to honor individuals selected under this section. Individuals conferred the lifetime title of "member of the Aloha order of merit" shall be inducted into the order by the governor after receiving the approval of the legislature by concurrent resolution. Honorees shall have:
(1) Achieved national or international recognition in their field either by a single event or by the totality of their work that has been either pioneering in their field or that has been outstanding in the long-term; and
(2) (A) Contributed to the attainment of statehood for Hawaii;
(B) Devoted themselves to the betterment of the State, embodying the concept of the Aloha Spirit;
(C) Provided extraordinary service to the State; or
(D) Brought honor to the State.
(b) Honorees shall be selected by an Aloha order of merit committee. The committee shall consist of three members. Each member shall serve for a term of two years. One member of the committee shall be a member of the senate appointed by the president of the senate, one member of the committee shall be a member of the house of representatives appointed by the speaker of the house of representatives, and one member of the committee shall be appointed by the governor.
(c) Nominations for honorees shall be accepted by the committee from members of the legislature, the governor, and the general public. Nominations shall be in the form and manner prescribed by the office of the governor. The committee shall establish criteria for selection and induction to ensure and maintain the prestige of the order. The committee may select or choose not to select any individual from the nominations received in any given year.
(d) Upon induction or as soon thereafter as may be necessary, the governor may award appropriate mementos to members of the order.
(e) The governor may request a member of the order to serve as an emissary for the people of Hawaii on appropriate occasions. [L 1993, c 231, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-7.7 Aloha order of merit location.

§5-7.7 Aloha order of merit location.
There shall be set aside within the Daniel K. Inouye International Airport an area to exhibit commemorative displays honoring members of the order. The displays may include likenesses of members and descriptions of the meritorious achievements of each member. [L 1993, c 231, §3; am L 2018, c 18, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-8 State tree.

§5-8 State tree.
The kukui tree, also known as the candlenut tree (Aleurites Moluccana), is adopted, established, and designated as the official tree of the State, to be effective so long as the legislature of the State does not otherwise provide. [L 1959, JR 3, §1; Supp, §14-5.2; HRS §5-8]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-8.5 State endemic tree.

§5-8.5 State endemic tree.
`ÅŒhi`a lehua (Metrosideros polymorpha) is adopted, established, and designated as the official endemic tree of the State. [L 2022, c 25, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-9 State motto.

§5-9 State motto.
The motto "Ua mau ke ea o ka aina i ka pono", is adopted, established, and designated as the official motto of the State. It is translated into English to mean "The life of the land is perpetuated in righteousness". [L 1959, JR 4, §1; Supp, §14-5.3; HRS §5-9; am L 1979, c 145, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-10 State song.

§5-10 State song.
The song "Hawai`i Pono`i" is adopted, established, and designated as the official song of the State, to be effective for as long as the legislature of the State does not otherwise provide. [L 1967, c 301, §2; HRS §5-10; am L 1990, c 215, §3]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-10.5 State musical instrument; `auana; kahiko.

§5-10.5 State musical instrument; `auana; kahiko.
(a) The `ukulele is established and designated as the official `auana musical instrument of the State.
(b) The pahu is established and designated as the official kahiko musical instrument of the State. [L 2015, c 6, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-11.3 State insect.

§5-11.3 State insect.
The pulelehua (Vanessa tameamea), also known as the Kamehameha butterfly, is established and designated as the official insect of the State. [L 2009, c 15, §1]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-11.5 State fish.

§5-11.5 State fish.
The humuhumunukunukuapua`a (Rhinecanthus rectangulus), also known as the rectangular triggerfish, is established and designated as the official fish of the State. [L 2006, c 67, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-12.2 State land mammal. The Åpe`ape`a, otherwise known as the Hawaiian hoary bat (Lasiurus cinereus semotus), is established and designated as the official land mammal of the State. [L 2015, c 13, §2]

§5-12.2
State land mammal.
The Åpe`ape`a, otherwise known as the Hawaiian hoary bat (Lasiurus cinereus semotus), is established and designated as the official land mammal of the State. [L 2015, c 13, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-12.5 State mammal.

§5-12.5 State mammal.
The Hawaiian monk seal (Monachus schauinslandi) is established and designated as the official mammal of the State. [L 2008, c 72, §2]
Cross References
Taking a monk seal prohibited, see §195D-4.5.
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-13.5 State individual sport. Surfing is adopted, established, and designated as the official individual sport of the State. [L 1998, c 174, §2]

§5-13.5
State individual sport
. Surfing is adopted, established, and designated as the official individual sport of the State. [L 1998, c 174, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-14 State team sport.

§5-14 State team sport.
Outrigger canoe paddling is adopted, established, and designated as the official team sport of the State, to be effective for as long as the legislature of the State does not otherwise provide. [L 1986, c 219, §2]
2023 Hawaii Revised Statutes › Title 1. General Provisions › 5. Emblems and Symbols › 5-15.5 State plant.

§5-15.5 State plant.
Kalo (Colocasia esculenta (L.) Schott), the Hawaiian word for taro, is adopted, established, and designated as the official plant of the State. [L 2007, c 36, §2; am L 2008, c 71, §1]
Cross References
Hand-pounded poi, see §321-4.7.