[§46-175]  Action by private persons. 
(a)  A person may bring a civil action for a violation of section 46-171 for
the person and for a county.  The action shall be brought in the name of the
county.  The action may be dismissed only with the written consent of the
court, taking into account the best interests of the parties involved and the
public purposes behind this part.



(b)  A copy of the complaint and written
disclosure of substantially all material evidence and information the person
possesses shall be served on the county in accordance with the Hawaii rules of
civil procedure.  The complaint:



(1)  Shall be filed in camera;



(2)  Shall remain under seal for at least sixty days;
and



(3)  Shall not be served on the defendant until the
court so orders.



The county may elect to intervene and proceed with
the action within sixty days after it receives both the complaint and the
material evidence and information.



(c)  The county, for good cause shown, may move
the court for extensions of the time during which the complaint remains under
seal under subsection (b).  Any such motions may be supported by affidavits or
other submissions in camera.  The defendant shall not be required to respond to
any complaint filed under this section until twenty days after the complaint is
unsealed and served upon the defendant in accordance with the Hawaii rules of
civil procedure.



(d)  Before the expiration of the sixty-day
period or any extension obtained, the county shall:



(1)  Proceed with the action, in which case the action
shall be conducted by the county and the seal shall be lifted; or



(2)  Notify the court that it declines to take over
the action, in which case the person bringing the action shall have the right
to conduct the action and the seal shall be lifted.



(e)  When a person brings an action under this
section, no person other than the county may intervene or bring a related
action based on the facts underlying the pending action. [L 2001, c 227, pt of
§1]