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H  A  W  A  I  I  A  N   R  I  G  H  T  S 

Pohoiki Surf Coat of Arm

RIGHTS OF THE HAWAIIAN PEOPLE
Chapter 7


TRADITIONAL AND CUSTOMARY RIGHTS
THIS IS HAWAII LAW


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.

Building materials, water, landlords' titles subject to tenants' use  

Where the landlords have obtained, or may hereafter obtain, allodial
titles to their lands, the people on each of their lands shall not be
deprived of the right to take firewood, house-timber, aho cord, thatch,
or ki leaf, from the land on which they live, for their own private use, but they shall not have a right to take such articles to sell for profit.  The people shall also have a right to drinking water, and running water, and the right of way.  The springs of water, running water, and roads shall be free to all, on all lands granted in fee simple; provided that this shall not be applicable to wells and watercourses, which individuals have made for their own use. 


DRIFTWOOD

§7-2  Driftwood.  All wood of any description which may drift on to the
beach of any part of the State shall be the property of the finder, and
anyone finding such driftwood may take the same for the finder's own
private use, without paying a share to the State; provided that this
section shall not be construed to apply to any vessel wrecked or stranded on any part of the shores of the State. 


HAWAIIAN BURIALS

§6E-11 Penalties. (a) It shall be unlawful for any person, natural or
corporate, to take, appropriate, excavate, injure, destroy, or alter any
historic property or aviation artifact located upon the private lands of
any owner thereof without the owner's written permission being first
obtained. It shall be unlawful for any person, natural or corporate, to
take, appropriate, excavate, injure, destroy, or alter any historic
property or aviation artifact located upon lands owned or controlled by
the State or any of its political subdivisions, except as permitted by the
department.

 It shall be unlawful for any person to:

(1) Offer for sale or exchange any exhumed prehistoric or historic
human skeletal remains or associated burial goods; or
(2) Remove those goods or remains, except those remains fabricated
into artifacts prehistorically, from the jurisdiction of the State without
obtaining a permit from the department.

(c) It shall be unlawful for any person to remove aviation artifacts
derived from state lands or agencies from the jurisdiction of the State
without obtaining a permit from the department.

(d) Any person violating this section shall be fined no more than
$10,000. Each object or part of a prehistoric or historic human skeleton
or associated burial good offered for sale or trade or removed from the
jurisdiction in violation of this section shall constitute a distinct and
separate offense for which the offender may be punished. 

These are just a few Hawaiian rights that are in law for Hawaiians. Many issues and claims are still being fought in federal courts. I hope it is informative for you to know more about our Native Kanaka maoli
(Hawaiian) rights.

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