PART III. 
JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL



NATIVE
HAWAIIANS



 



§674-16  Waiver of immunity.  (a)  The
State waives its immunity from liability for actual damages suffered by an
individual beneficiary arising out of or resulting from a breach of trust or
fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and
was caused by an act or omission of an employee of the State in the management
and disposition of trust resources.



(b)  This waiver shall not apply to the following:



(1)  Any claim for which a remedy was or is provided
elsewhere in or under the laws of the State;



(2)  Any claim which was or is the subject of prior or
pending litigation; or



(3)  Any claim predicated, in whole or in part, upon
any act or omission which occurred prior to August 21, 1959. [L 1991, c 323, pt
of §1; am L 1993, c 351, §10]