[§10-16]  Suits.  (a)  The office maysue and be sued in its corporate name.  The State shall not be liable for anyacts or omissions of the office, its officers, employees, and the members ofthe board of trustees, except as provided under subsection (b).

(b)  In matters of tort, the office, itsofficers and employees, and the members of the board shall be subject to suitonly in the manner provided for suits against the State under chapter 662.

(c)  In matters of misapplication of funds andresources in breach of fiduciary duty, board members shall be subject to suitbrought by any beneficiary of the public trust entrusted upon the office,either through the office of the attorney general or through private counsel.

(d)  In matters involving other forms ofremedies, the office, its officers and employees, and the members of the boardshall be subject to suit as provided by any other provision of law and by thecommon law. [L 1979, c 196, pt of §2]

 

Case Notes

 

  Where plaintiff office of Hawaiian affairs brought suit inits own corporate name under this section, rather than as an agency of theState on behalf of the people of the State, §657-1.5 did not exempt plaintifffrom the statute of limitations for bringing a suit under §673-10.  110 H. 338,133 P.3d 767.