§673-4 - Scope of relief.
[§673-4] Scope of relief. (a) In an
action under this chapter the court may only award land or monetary damages to
restore the trust which has been depleted as a result of any breach of trust
duty and no award shall be made directly to or for the individual benefit of
any particular person not charged by law with the administration of the trust
property; provided that actual damages may be awarded to a successful
plaintiff.
(b) "Actual damages", as used in
this section, means direct, monetary, out of pocket loss, excluding noneconomic
damages as defined in section 663-8.5 and any consequential damages, sustained
by a native Hawaiian or Hawaiian individually rather than the class generally.
[L 1988, c 395, pt of §2]