Read this article in ʻŌlelo Hawaiʻi
By Devin Kamealoha Forrest, NHLC Staff Attorney and Title & Research Specialist
As explained by A. Keohokalole in the case of In re Nakuapā (1872), “In ancient times, chiefs and commoners did not have property. Only the High Chief owned all the land as well as all the personal property, all the other chiefs stewarded under him as well as some few commoners that were made close confidantes by the High Chief and the lesser chiefs, therefore they did not have heirs or successors. They also had no property to be dispossessed of.”
Then, with the māhele and the king transferring ownership interests in kuleana land to the Hawaiian people, Hawaiian familial relationships took on new significance. Now, members of ʻohana could be considered heirs to property or land. However, western concepts of property ownership gave greater weight to a specific type of family relationship which does not comport with Hawaiian concepts like hānai, hoʻokama (adult adoption), poʻolua (two fathers), and punalua (two spouses).
There have been several state cases that have discussed hānai specifically, including In re AB (2019). There, the Hawaiʻi Supreme Court affirmed the importance of hānai within the families of Hawaiʻi but did not provide guidance on how to characterize or define it. Nevertheless, recognition within law is an important step towards infusing Hawaiian perspectives into the state.
E Nīnau iā NHLC provides general information about the law. E Nīnau iā NHLC is not legal advice. You can contact NHLC about your legal needs by calling NHLC’s offices at 808-521- 2302. You can also learn more about NHLC at nativehawaiianlegalcorp.org.