And the 'iwi kupuna lose again

It was a strike against advocates for the rights of the 'iwi (burial grond) this week. The Planning Commission decided in favor of landowner and developer Joseph Brescia and the County of Kauai who supported the landowner’s petition to dismiss the motion filed by Native Hawaiian Legal Corporation to revoke Brescia’s building permits. The decision was based on the grounds (no pun intended) that without an approved burial treatment plan, he did not fulfill the conditions of his permits. The landowner argued that Mr. Brescia acted on validly issued permits, while the County argued that the court order which invalidated Brescia’s original burial plan also stated that he could continue to build. Harold Bronstein, attorney for interveners, The North Shore ‘Ohana, argued that the County was not bound by the court order as they were not party to the lawsuit.

The 4-2 decision for the landowner seemed to be a split decision between heart and mind. While no Commissioner seemed happy to allow construction to continue on a site with 33 known burials and a home placed on six of them, at least four were not willing to say that they were vested with the authority to stop construction. Perhaps they wish they were and simply couldn't say so on the record. While the need to honor the legal process while hoping justice plays out in court, it seems Native Hawaiian rights don't fit into the Mainland legal system, despite stations like the Burial Council and Office of Hawaiian Affairs.

While the Planning Commission has a responsibility to the County, perhaps that responsibility is too great and the legal process has put them in an unfortunate position. While it's obvious the Commission gives due consideration to these issues, it seems the framework of the law puts even those with a rigorous and passionate moral code unable to stop further desecration at Naue.

Emotion leads to the desire to point the finger. But is it really the Planning Commission, State Historic Preservation Division, the County? Who deserves the finger pointing? And how can one expect a developer to have respect for the bones of ancestors when he doesn't understand the meaning behind his host culture?

Can you force feed transplants to educate themselves on Hawaiian culture and tradition, and then further insist they care? Why would that start now? Lording new ideology is the new tradition in Hawai'i -- it was nearly two hundred years ago with the conversion of Hawaiians to Christianity, it continued with the overthrow of the kingdom, and then to the subdivision and sale of the land and finally to the permitting of the house. Each was a step that led to this, some overtly harmful, some done with the shining vision of God’s Kingdom, some done carefully weighing the liabilities of the County against a potentially deadly slash to the spirit.

The system leaves much anger but holds few accountable. Anger is righteous, and in the end does nothing when it comes to purposeful change. While Kaua'i may never gain the point at Naue back, it can make sure it never happens again. If ever there was a time for eminent domain, if ever the State owed Hawaiians eminent domain for those two hundred years, it is now.

The State Legislature must enable the Office of Hawaiian Affairs (OHA) and the State Historic Preservation Division to be able to, at a fair price to the owner, claim land such as Naue.

No one is here to blame but ourselves for postponing further an opportunity to set wrongs right.