The Office of Hawaiian Affairs on Wednesday filed a Circuit Court lawsuit challenging the legality and constitutionality of Act 255, which established the Maunakea Stewardship and Oversight Authority.
Act 255 was passed by the state Legislature and signed into law in 2022 law by then-Gov. David Ige.
The law charged the authority with being the principal state agency with responsibility for managing the Maunakea lands, which are part of the ceded lands trust.
By establishing the authority, Act 255 creates a new trustee entity, releasing the state from all obligations regarding management of Maunakea as required by the state’s lease between the Board of Land and Natural Resources and the University of Hawaii entered on June 21, 1968, according to OHA.
Comprised of 11 members, the authority began meeting in June 2023 in anticipation of taking over management of these lands from the UH and the Department of Land and Natural Resources in four years.
OHA does not have a representative on the authority.
Act 255 specifically designates a seat on the authority for a representative of the telescopes on Maunakea. “This creates a conflict of interest where that representative has the ability to vote on actions that can benefit them. This creates a breach of contract and fiduciary duties,” according to OHA.
OHA also claims the structure of the authority “is flawed and works toward complete privatization of Maunakea lands to the sole benefit of the UH astronomy program and to the detriment of other trust purposes and other beneficiaries of the ceded lands trust.”
“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 Monday 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.”
A 2017 OHA lawsuit alleging mismanagement of the of the Maunakea lands survived an attempt by the state and UH to render OHA’s claims moot. OHA is seeking to dissolve the authority and have the merits of the 2017 OHA lawsuit adjudicated in court.
“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 Hawaii and the astronomy interests have received for decades,” OHA Board Counsel Robert Klein said in a statement.
A spokesperson for UH declined Monday to comment on the lawsuit, and the state attorney general has not issued any statements regarding the filing.
