§10-2  Definitions.  In this chapter, ifnot inconsistent with the context:

"Administrator" means theadministrator of the office of Hawaiian affairs.

"Beneficiary of the public trust entrustedupon the office" means native Hawaiians and Hawaiians.

"Board" means the board of trustees.

"Grant" means an award of funds bythe office to a specified recipient to support the activities of the recipientfor activities that are consistent with the purposes of this chapter.

"Hawaiian" means any descendant of theaboriginal peoples inhabiting the Hawaiian Islands which exercised sovereigntyand subsisted in the Hawaiian Islands in 1778, and which peoples thereafterhave continued to reside in Hawaii.

"Native Hawaiian" means anydescendant of not less than one-half part of the races inhabiting the HawaiianIslands previous to 1778, as defined by the Hawaiian Homes Commission Act,1920, as amended; provided that the term identically refers to the descendantsof such blood quantum of such aboriginal peoples which exercised sovereigntyand subsisted in the Hawaiian Islands in 1778 and which peoples thereaftercontinued to reside in Hawaii.

"Office" means the office of Hawaiianaffairs.

"Recipient" means any organization orperson receiving a grant. [L 1979, c 196, pt of §2; am L 1990, c 304, §§3, 16;am L 1992, c 318, §2; am L 1997, c 350, §§14, 15; am L 2002, c 182, §2]

 

Law Journals and Reviews

 

  The Lum Court and Native Hawaiian Rights.  14 UH L. Rev. 377.

 

Case Notes

 

  Definition of "Hawaiian" does not violate equalprotection.  631 F. Supp. 1153.

  Act 304, L 1990, was invalidated by its own severabilityclause when amendment to this section by Act 304 was found to conflict with thefederal Forgiveness Act (Pub. L. No. 105-66, §340, 111 Stat. at 1448), leavingcourt with no judicially manageable standards to determine whether office ofHawaiian affairs was entitled to the specific revenues sought in the suit.  96H. 388, 31 P.3d 901.