If You Filed a Claim With the Hawaiian Home Lands Trust Individual Claims Review Panel On Or Before August 31, 1995, You May Be Entitled to Receive a Settlement Payment as a Class Member.
January 31, 2023 Update:
On January 31, 2023, Settlement Class Members were sent a Second Notice.
If you previously opted out of the case or settled your claim, you were sent a "Settled/Opt Out" Notice.
If you do not have a claim, you were sent a "No Claim" Notice.
If you have a construction claim, you were sent a "Construction" Notice.
If you have a waiting list claim, you were sent a "Claim Notice".
These notices give you important information about your claim and whether it is part of the Settlement. Please review this mailing carefully. Copies of the Second Notices are available on the Documents page.
Requested corrections must be postmarked by April 3, 2023, using the Claim Correction form.
If you are a Settlement Class Member who did not receive a mailed notice in July 2022, please provide current contact information by submitting an Information Request Form or by contacting the Claims Administrator.
A tentative settlement has been reached in Kalima et al. v State of Hawai'i et al., Civil No. 99—4771-12 LWC, pending in the First Circuit Court, State of Hawai'i. The Settlement will resolve a lawsuit filed on behalf of Native Hawaiian Beneficiaries of the Hawaiian Home Lands Trust who filed breach of trust claims with the Hawaiian Home Lands Trust Individual Claims Review Panel before 1995.
The Settlement has been approved by the legislature and was signed into law by Gov. David Ige on July 11, 2022, as Act 280.
On June 6, 2022, Judge Lisa W. Cataldo granted preliminary approval to the Settlement. A final approval hearing will be held next year after the claims administration process is completed.
This website explains the lawsuit, the terms of the proposed Settlement, and the legal rights and obligations of the Settlement Class Members. Please read the information below and review the FAQs so that you can better understand your legal rights.
The State of Hawai'i has agreed to create a $328 million Settlement Fund for the Class Members. If the Settlement is approved, each Settlement Class Member who has a valid claim will be eligible to receive a payment paid out of the Settlement Fund, after payment is made for special master and claims administration costs, attorneys’ fees, and a Class Representative Incentive Award.
Settlement Class Members whose claims are validated will receive payment based upon an established Court-approved distribution plan. The Court will be asked to approve a payment for each Settlement Class Member with a valid claim which will be determined by a formula based on the Fair Market Rental Value of a homestead lot.
The payment amount cannot be determined at this time, but each Settlement Class member will be notified at a later date of the following: (1) whether their claim is valid, and, if so: (2) the estimated amount to be paid to that Settlement Class Member under the Settlement.
Who Is Part Of This Lawsuit
The Class Members for this Settlement are “All persons who filed claims with the Hawaiian Home Lands Trust Individual Claims Review Panel on or before August 31, 1995.”
The Following Persons Will Not Receive a Settlement Payment
- Individuals who did not file a claim with the Panel on or before August 31, 1995.
- Individuals who filed a timely claim with the Panel but the claim did not assert an individual breach of trust which occurred between August 21, 1959, and June 30, 1988.
- Individuals who filed a timely claim with the Panel but the claim asserted an individual breach of trust that occurred after June 30, 1988.
- Individuals who filed a timely claim with the Panel but the claim was not a valid HRS Chapter 674 claim.
- Individuals who filed a timely claim with the Panel but settled their claim.
- Individuals who opted out of the Lawsuit in response to the 2007 class notice.
- Individuals who opted out of the Lawsuit in response to the 2012 class notice.
- Individuals who opt out of the Settlement Class and this Settlement by sending a valid and timely Opt-Out Letter to the Claims Administrator.
If you have another legal claim involving Hawaiian Home Lands issues, please call the Native Hawaiian Legal Corporation at 1-808-521-2302 or the Hawai'i Association for Justice at 1-808-262-9191.
NOTICE: The attorneys and other people working on this case will never ask you for your banking or other financial information. You may be asked to verify your identity.
Please do not call the Judge, the Clerk of the Court, or the State of Hawai'i about this case. They will not be able to give you advice about this case. If you have questions, please call 1-808-650-5551 or 1-833-639-1308 (Toll-Free).