§674-2  Definitions.  As used in this
chapter, unless the context otherwise requires:



"Act" means the Hawaiian Homes
Commission Act of 1920, as amended.



"Actual damages" means direct,
monetary out-of-pocket loss, excluding noneconomic damages as defined in
section 663-8.5 and consequential damages, sustained by the claimant
individually rather than the beneficiary class generally, arising out of or
resulting from a breach of trust, which occurred between August 21, 1959, and
June 30, 1988, and was caused by an act or omission by an employee of the State
with respect to an individual beneficiary in the management and disposition of
trust resources.



"Beneficiary" means any person
eligible to receive benefits of homesteading and related programs from the Hawaiian
home lands trust.



"Claimant" means a beneficiary who
applies to the panel for a review of a claim for actual damages relating to the
trust.



"Commission" means the Hawaiian homes
commission.



"Compensation" means an award of
actual damages to a claimant.



"Corrective action" means action to
be taken by the department to correct a breach of trust, which occurred between
August 21, 1959, and June 30, 1988, and was caused by an act or omission by an
employee of the State in the management and disposition of trust resources.



"Department" means the department of
Hawaiian home lands.



"Employee of the State" means the
officers and employees of any state agency and any persons acting in behalf of
a state agency in an official capacity.



"Native Hawaiian" means any
descendant of not less than one- half part of the blood of the races inhabiting
the Hawaiian islands previous to 1778.



"Panel" means the Hawaiian home lands
trust individual claims review panel.



"Trust" means the Hawaiian home lands
trust. [L 1991, c 323, pt of §1; am L Sp 1995, c 14, §14]