Recently, three hand-carved bowls, some burial kapa, and a gourd were uncovered when the Li Family dug into their hillside to shore up the back portion of their house.
Burial site burial kapa, gourd, bowls, homeowners, home improvement
The Li Family got a good price from Deke and agreed to pay him cash for even more savings. Fifty percent down, fifty percent when Deke finished the work.
Contract law issues contractor, excavation, consideration
When Deke saw the artifacts, he immediately stopped operations. He was afraid the next bucketful would include iwi kupuna, or old bones and that would be trouble, big trouble for him and the Li Family. At the very least, he recognized them as native Hawaiian cultural items and did not want to proceed in case he damaged them.
Native Hawaiian culture iwi kupuna, burial artifacts, bones, K breach
After a restless night, Deke called Department of Land and Natural Resources (DLNR) the next morning and reported the items but gave the Li Family name and address.
Agency rules & regulations DLNR, penalties, notice
The State Historic Preservation Division (SHPD) said all work had to stop because it appeared that the Li Family could have a Native Hawaiian burial site on their property. They would have to research their databases to determine whether it was a known site or if this was an inadvertent discovery of moepu or funerary objects.
Native Hawaiian burial site SHPD, moepu, funerary objects, stop, work
Let's take our search strings into secondary sources and annotated codes to locate starting authority on our issue.
Starting Your Research in Secondary Sources: Scroll the Left-Side of the Screen
Use Black's Law Dictionary, or a subject matter specific dictionary, to define terms.
Search the law library catalog for relevant treatises.
Chapter 16 of the Native Hawaiian Law Treatise indicates that the Hawaii Constitution mandates the protection of iwi kupuna, in article IX, section 9 and article XII, section 7. Thus, the constitutional amendments as the highest authority would begin the rule section.
Select the State Materials Tab, Scroll Down, and Search Hawaii Secondary Sources
burial AND hawaii! AND (iwi kupuna OR moepu) AND cultur! returns around 20 results.
"iwi kupuna" /p burial returns around 8 results.
Search Navigate the original terms to skim the article and locate relevant primary authority.
The law review leads you to other relevant statutory laws, including Hawaii Revised Statutes sections 6E-3, 43, 43.6.
**WHEN: present-day
When identifying key terms to use in your search strings, consider using a term's synonyms, as well. Consider these resources to help you formulate synonyms:
Relevant Boolean Search examples from our relevant facts and terms of art:
"native Hawaiian" /p burial | iwi /s kupuna /p burial |
iwi /s kupuna /p burial & "native Hawaiian" | regulat! /p iwi /s burial |
regulat! /p burial & "native Hawaiian" | funerary /3 object /p burial |
burial /s (goods OR site) /s iwi | burial /s (goods OR site) & Hawaiian |
Starting Your Research in an Annotated Code: Scroll the Right-Side of the Screen
Search with the following search string: burial /s site
Search the Index
Follow the link to Hawaii Revised Statutes section 6E-2, Definitions.
The Session Law information to conduct legislative history is located at the end of each statutory code section, under the Credits header. At the end of the code section, you can also find its currency information.
The annotated code is also located on the website of the Hawaii State Legislature.
Search the Index or browse statutory sections.