Duhaime's Law Dictionary


Hawaiian Definition:

A descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778.

In Hooluli, Justice King wrote:

"Native Hawaiians are defined as any descendant of not less than one-half part of the races inhabiting the Hawaiian Islands previous to 1778, as defined by the Hawaiian Homes Commission Act, 1920, as amended; provided that the term identically refers to the descendants of such blood quantum of such aboriginal peoples which exercised sovereignty and subsisted in the Hawaiian Islands in 1778 and which peoples thereafter continued to reside in Hawaii.

"Hawaiian is defined (without reference to blood quantum) as any descendant of the aboriginal peoples inhabiting the Hawaiian Islands which exercised sovereignty and subsisted in the Hawaiian Islands in 1778, and which peoples thereafter have continued to reside in Hawaii."

REFERENCES:

  • Hoohuli v. Ariyoshi, 631 F. Supp. 1153 (United States District Court, Hawaii, 1986)

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