The Hokuki'a project is a 1,540 acre luxury golf course community that is planned to contain a 730 luxury homes, a 100-unit members' lodge, spa and club. It is currently under construction in Kona, just north of the Kealakekua Bay State Marine Conservation Area.
Hokuli'a is being developed by 1250 Oceanside Partners, a limited liability company. The partners include Lyle Anderson, "the king of desert golf" and Japan Air Lines.
The area upon which Hokuli`a is now being developed was once heavily populated by the ancient Hawaiians and now contains almost 1,000 archaeological and burial sites. Its proximity to Kealakekua "the pathway of God" and the various significant historical areas in Ka`awaloa ahupua`a and Honaunau indicates that it has significant number of burials in the numerous lava tubes, rock mounds and caves on the site. Pu'u Ohau, commonly called Red Hill, is the burial site of Kamaekalani, grandmother of King Kalakaua and Queen Liliuokalani. Liliuokalani, the last queen of the Hawaiian people, was illegally deposed by American business interests in 1893.
The Ala Loa (sometimes referred to as the Ala Kahakai), a National Park Trail, crosses the project site. In John Papa I'i's Fragments of History, Hikiau Heiau (temple) on Kealakekua Bay is the start and end point for the Makahiki circuit in ancient times. The ali'i nui and court would travel the Ala Loa around the entire island starting and ending at the heiau.
Impact of Developer - 1250 Oceanside Partners' Construction Activities: Construction began in late 1998. The developer had cleared a significant area of land on sharp slopes without taking adequate erosion control measures to contain the soil. Heavy rains hit in September, and then in November 2000. These two rainfall events produced a huge mudslicks as imported soil from the development poured into the adjacent coastal ocean waters. This left a layer of sediment on a pristine coral reef environment, covered several opelu and bottom fishing ko'a, and impacted shoreline habitat for opihi, crab, limu, etc. Ko'a, are fishing grounds identified by lining up with marks on shore placed there many years ago by the kupuna (old ones). These coastal waters are designated Class AA, the highest category of ocean waters in the United States. Under the Clean Water Act, sediment discharge into these waters is absolutely prohibited, no exceptions.
Significant death of the coral reef has been documented by the State of Hawaii's marine biologist, Dr William Walsh.
Judicial Intervention by Citizens of Hawaii & Protect Keopuka 'Ohana on Water Quality Issue:
Shortly after the September runoff event, four local citizens filed suit against the Department of Health and Oceanside. They were successful in gaining a Temporary Restraining Order (TRO) halting all construction activities because of the violation of water quality standards for Class AA waters.
At this point, Protect Keopuka 'Ohana, a non-profit organization consisting of Hawaiian cultural practitioners and environmental activists residing in Kona joined as plaintiffs. PKO is primarily concerned about the impact of the project on fish, limu, other marine resources, burial remains, the Ala Loa, and the destruction of any Hawaiian cultural resources.
Through subsequent settlement negotiations, the parties agreed to lift the prohibition on construction at Hokuli'a, provided that Oceanside would be held to a permanent injunction not to pollute and that a court appointed water monitor be present to detect any pollution. Should Oceanside pollute the waters again, this will now be considered a criminal act. The settlement agreement regarding water quality issue did not affect other remaining legal issues and Native Hawaiian Legal Corporation and Kona attorney Robert Kim have now raised against 1250 Oceanside Partners, the State Department of Health (DOH), the State Department of Land and Natural Resources, and the County of Hawaii.
In addition, the DOH found that Oceanside, including Japan Air Lines, had violated the Clean Water Act on November 22, 2000. However, as of this date, no fines or penalties have been assessed against 1250 Oceanside Partners, its American business partners and Japan Air Lines. As of February 23, 2001, $7,000,000 in fines could be assessed by the DOH. The fines are accumulating at the rate of $50,000/day.
The State of Hawaii has allowed 1250 Oceanside Partners and Japan Air Lines to resume the same contruction practices that resulted in the desecration of Hawaiian burials and the illegal treatment of their remains. The State is again allowing large areas to be graded and covered with soil. However, hundreds of injections wells are now being excavated to redirect surface runoff into the subterranean environment. This underground environment is laced with lava tubes that empty into the ocean from beneath the surface. These lava tubes also contain many burial and archaeological remains. This new soil erosion control plan to redirect surface runoff underground will result in more cultural and burial sites being desecrated.
Remaining Legal Issues: Infringement on Traditional & Customary Practices, Desecration of Burials, & Destruction of Ancient Alaloa Trail:
Prior to construction beginning, the developer's archaeologists had identified over 40 burial sites during their reconnaissance work. Testimony and evidence presented in Court now indicate dozens of burials have yet to be located and identified. Experts have testified in Court that had a proper initial assessment been done of the Hokuli'a project site, the cultural and historic significance of the property would have caused a drastic redesign of the developer's plans. 1250 Oceanside Partners has chosen to ignore the evidence being revealed on an almost daily basis as they rip through the 'aina.
The 'aina is that which provides life and nourishment...the land, sea, air, and water upon which all life depends. Japan Air Lines, together with American business interests, is financing the bulldozing and destruction of the sacred 'aina of the Hawaiian people and its ancient culture. The Hawaiian culture and its people cannot exist without the 'aina. No culture can exist without the 'aina.
The Hawaiians placed their iwi kupuna (bones of the old ones) in these lava tubes for they consider the lava tubes conduits for the mama (divine power) of the 'aina. It was through these tubes that the lava that created the Hawaiian Islands travelled. The mana of the iwi kupuna placed in these tubes flows here with the 'aina.
Hawaiians working on the project have witnessed bulldozing of burial grounds, caves, and lava tubes holding ancient Hawaiian remains and funerary objects located at the Hokuli'a project site. These observations have been documented by evidence presented in Court. In at least one instance, contrary to law, the developer continued construction activity for 4 days before reporting an inadvertent discovery of a large burial site. By then, much of the iwi kupuna were destroyed. Because of its failure to monitor construction work as required by law, the developer's contractor bulldozed iwi kupuna, which were broken into pieces and spread throughout a huge mound of debris. It took two weeks of sifting through the mound to recover the shattered remains of the kupuna. Another section of burials in that area was partially destroyed and the developer covered them with tarp. No further action was done for 3 months until heavy rains in September flooded the remains.
1250 Oceanside Partners and their investor Japan Air Lines is continuing the same construction practices of blasting, trenching, and bulldozing to this day. The iwi kupuna are in imminent danger.
In Court, an expert in Hawaiian culture testified that there is no difference to the Hawaiians between culture and religion. There is no word in Hawaiian for religion. The spirituality of the Hawaiian people is contained within the practice of their culture. The right to practice one's religion is guaranteed by the United States Constitution.
But more than this, to remove the iwi from their kula'iwi (source container for the bones) is to remove them from the place were their mana was meant to flow into the 'aina. There is a implicit sacred covenant between the kupuna and their descendants once the kupuna has been placed to rest for eternity. It is kapu, forbidden, to remove the iwi kupuna and the objects placed to rest with them. To do so causes enormous emotional and spiritual stress to the lineal and cultural descendants of the kupuna for they can no longer malama, care for, the iwi kupuna and the sacredness of the place. Removing the iwi kupuna disrupts the flow of the mana of the kupuna to the 'aina. The mana of the kupuna is lost to their descedants when the iwi are removed.
The State Burial Sites Program unilaterally authorized the developer to relocate the iwi kupuna without first informing and consulting the burial council and lineal and cultural descendants as required by law. Evidence and testimony confirms reports of additional desecrations of burials without notice. Finally, the soil runoff in September reportedly filled and destroyed a lava tube holding kupuna iwi, a canoe, calabashes, and other funerary objects.
The developer has also violated its Burial Treatment plan which outlines legal requirements of notice for inadvertent burials. Also it has violated requirements for provision of adequate buffer zones. Certain members of Protect Keopuka 'Ohana are lineal descendants of Kamaekalani and other iwi kupuna. The developer has trenched along the side of Pu'u 'Ohau in direct contravention to the Burial Treatment Plan.
1250 Oceanside Partners has also destroyed portions of the 1000 year-old Ala Loa trail which was in direct line with a golf course fairway. Na Ala Hele failed to protect this trail, claiming it did not have adequate documentary evidence of the trail's existence and identity as part of the Ala Loa. Na Ala Hele did however concede that the foot trail was the most intact of 3 trails found on the property and were laden with smooth, ala stepping stones.
The ala stones are characteristic of the Ala Loa trail. The kupuna carried the heavy water-worn stepping stones from the ocean with their mana. Expert testimony in Court has revealed that the Hawaiians believe the trail must remain intact so that the mana of the kupuna may continue to traverse this ancient trail forever.
The Plea of Protect Keopuka 'Ohana to the People of Japan:
The Hawaiian culture, as the Japanese culture, revere and honor their
ancestors. The Hawaiian people call out to the Japanese people to
demand
that Japan Air Lines to stop their investment in the desecration of the
remains of the Hawaiians' 'uhane, the spirits of their 'ohana, and the
destruction of their ancient culture.
The Hawaiian people know the culture of Japan is an ancient spiritual culture. Protect Keopuka 'Ohana asks the people of Japan to join our 'ohana, our family. Help us in our efforts against American business interests and Japan Air Lines, who are intent on erasing us and the beauty of Hawaii, its culture and its people from the face of our Mother Earth forever.
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