Hawaii Supreme Court Hears Arguments On Native Hawaiian Rights

Art. XII, Sec 7 of Hawaii's Constitution provides:

The State reaffirms and shall protect all rights, customarily and traditionally exercised for  subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.

Last week, the Hawaii Supreme Court heard oral arguments (audio recording of arguments) in State of Hawaii v. Pratt, (No. SCWC-27897, 5/19/2011), in which a kahu (native Hawaiian religious practitioner) argued that he had the right to take up residence in a state wilderness park to act as a hoa'aina or caretaker of the land and restorer of ancient Hawaiian sites. The Court of Appeals split 2-1 in upholding Pratt's conviction for camping without a permit in Na Pali State Park on the island of Kauaʻi. (Majority opinion, concurrence, dissent). The major issue on appeal is whether, in considering a defense of Native Hawaiian practices, the court should balance against this the state's interest in regulating. The Honolulu Star Advertiser reports on the oral arguments.