676-6 General provisions construction.
§676-6 General provisions construction. (a) The provisions of this chapter may not be waived by any payee. (b) Any transfer agreement entered into on or after May 26, 2006, by a payee who resides in this State shall provide that disputes under the transfer agreement, including any claim that the payee has breached the agreement, […]
674-15.5 Preclusion of title-related claims.
§674-15.5 Preclusion of title-related claims. Nothing in this chapter shall be construed to affect title, or conveyance of title, or place a cloud upon title, to any lands in the State, including but not limited to lands which were, are, or may have been Hawaiian home lands. [L Sp 1995, c 14, §16]
674-16 Waiver of immunity.
§674-16 Waiver of immunity. (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach of trust or fiduciary duty, which occurred between August 21, 1959, to June 30, 1988, and was caused by an act or omission of an employee of […]
674-17 Right to sue, individual claims.
§674-17 Right to sue, individual claims. (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, […]
674-18 Scope of relief.
§674-18 Scope of relief. In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of §1]
674-19 Limitation on actions.
§674-19 Limitation on actions. Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt of §1; am L 1993, c 351, §12; am L Sp 1995, c 14, §15; am L 1997, c 382, §7]
674-20 No implied liability or award.
§674-20 No implied liability or award. In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought under this part except upon legal evidence that would establish liability against an individual or corporation. [L 1991, c 323, pt of §1; am L […]
674-21 Attorney’s fees and costs.
§674-21 Attorney’s fees and costs. In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of its order or judgment, a reasonable sum for costs and expenses incurred, including reasonable attorney’s fees. [L 1991, c 323, pt of §1; am L 1993, […]
674-7 Review by panel required.
§674-7 Review by panel required. Any individual beneficiary under the trust claiming actual damages arising out of or resulting from a breach of trust, which occurred between August 21, 1959, and June 30, 1988, and which was caused by an act or omission of an employee of the State in the management and disposition of […]
674-8 Powers and procedures of the panel.
§674-8 Powers and procedures of the panel. (a) The panel may hold hearings or such other proceedings as it deems necessary, sit and act at such times and places, and take such testimony as the panel deems advisable. The panel shall fix a time and place for hearings or other proceedings on such claim and […]