The Office of Hawaiian Affairs is suing over the new Maunakea stewardship authority, alleging the board is unconstitutional and that some of its members have conflicts of interest.
The 11-member Maunakea Stewardship and Oversight Authority was created two years ago to assume responsibility for managing the mountain from the University of Hawaiʻi.
In a lawsuit filed last week in Circuit Court, OHA argues the law that created the authority – Act 255 – violates the “contract clause” of the U.S. Constitution and that it should be repealed.
“Maunakea represents a sacred space for Native Hawaiians. It is OHA’s responsibility to advocate for Native Hawaiians and protect Hawaiian resources,” OHA Board Chair Carmen “Hulu” Lindsey said in a statement.
“Ultimately, it is our goal to make the mauna more accessible and provide greater protections against the abuses it has sustained for more than 50 years.”
OHA says Act 255 allows state agencies to avoid accountability for more than 50 years of mismanagement of Maunakea.
The lawsuit also argues that at least two members of the authority — an astronomy observatory director and a Hawaiʻi County employee — have conflicts of interest because of their positions.
“This recent lawsuit is designed to protect the rights of the Native Hawaiian people who are one of the beneficiaries of the Maunakea lands and who have received no benefit from the state, in contrast to the many benefits the University of Hawaiʻi and the astronomy interests have received for decades,” OHA Board Counsel Robert Klein said Monday.
