Media Groups Demand End to Closed
Grand Wailea Resort Contested Case
Wailuku, Maui — Media organizations and journalists, through their Maui attorney Lance D. Collins, have submitted a written demand that the Maui Planning Commission’s contested case proceedings related to the Grand Wailea Resorts proposed expansion be reopened the public. The Grand Wailea Resort is seeking permission to remodel and expand its operations within the Special Management Area before the Maui Planning Commission.
Three Native Hawaiian community groups, Malama Kakanilua, ooponopono o Makena and Pele Defense Fund were granted intervention in the proceedings and the Commission appointed Maui attorney Linden Joesting as the hearings officer. On May 7, the hearings officer issued an order denying that the proceedings were required to be open to the public, reaffirming an earlier decision that the proceedings move forward regardless of the COVID-19 emergency or the stay at home orders on the basis of needing to “get[] the administrative law work of the County done.”
Relying upon First Amendment caselaw protecting the press’ right to access adjudicative proceedings, the media groups have noted Hawaii’s long tradition and experience of open access to contested case proceedings especially related to land use.
“There has been a total disregard for the rights of the public and the press to access and observe this important case. We sincerely hope the Commission reconsiders this decision immediately,” said journalist Victor Gregor Limon.
“This time of emergency does not justify government secrecy. The Resort is certainly not entitled to have their permits fast-tracked behind closed doors while public gatherings are banned and also excluding the press,” said the media groups attorney Lance D. Collins.
Maui Lani is Desecrating Iwi Kupuna
Tanya Greig and Leilani Pumano called this morning at about 8:30 to inform me that they would not allow my request to be with our kupuna as Ian Bassford digs up the burial pit today. KaniandI had an appointment to follow up on their sewage treatment facility plans on Thursday Aril 2, 2020. A burial was disturbed on Monday of this wee and then again on Wednesday another disturbance. When we went to see the sites of burial finds#7 and 8. Ian Bassford was looking for the pit outline. The pit appeared well defined and intact. Remains were found in the wall of the trenching.
I stayed at the site after our meeting. This burial pit with kupuna most probably had not seen the sun for over 200 year possibly and here was a poe haole doing his job digging with a shovel. He was standing on what appeared to be the pit. I offered my oli/prayers to the kupuna in silence. I stood not in any road but next to the excavation site and not at the edge but back at least 10 feet. There should be a 30 foot buffer anyways for construction equipment.
These are the reasons that Tanya gave me for continuing to excavate a burial pit.
- insitu component? How much and is there any.
- Displacement ? How much
- Understand how much is displaced
- In this case iwikupuna has been cut into-how much.
Accounting of elements left. Here is what is left, what we found, what is missing.
.Leilani informed me that I could not be present at the site while an archeological MONITOR digs up the burial pit with kupuna in it. The reason was I would need an escort there, such as herself,Leilani. She is busy today. She did not offer another day or to halt until it would be more convenient.
The monitor, Ian Bassford, is the same monitor that we asked to be removed from the project’s team because of his previous behavior on other projects. They would not replace him. So I watched Ian excavate with a shovel. at one point while looking for the edge of the pit, he turned to Tanya and said,”Not bad for a 44 year old , huh?. At the time he was standing on what would be the burial pit. I would not choose someone who thought nothing of standing on the iwikupuna to find the boundaries.
Best management practices? Now mind you, I was standing there. To be desecrated to complete a record is one thing to have the colonizer dig with no sensitivity to our ancestors is what I have witnessed itime and again as construction continues in Burial grounds. KNOWN BURIAL GROUNDS. BTW I can easily stand more than 6 feet away from anyone.
Thismy angst, To watch as sewage is being planned to be processed and spread over our burial grounds and not even can I stand in respect and pule for our kupuna being unearthed from their resting place.
Let this be an opportunity for a new thought: RESPECT our IWIKUPUNA
Clare Apana