HAR §13-300-1. Purpose

This chapter governs practice and procedure relating to the proper care and protection of burial sites found in the State before the island burial councils and the department of land and natural resources. These rules shall be construed to secure the just and efficient determination of every proceeding. The legislature finds that Native Hawaiian burial sites are especially vulnerable and often not afforded the protection of law which assures dignity and freedom from unnecessary disturbance (e.g. Honokahua). In order to avoid future disputes arising from the discovery of human skeletal remains fifty years or older, sections 6E-11, 6E-12, 6E-43, 6E-43.5, 6E-43.6, HRS, were amended or enacted in part to provide additional protection for Native Hawaiian burial sites of high preservation value such as areas with a concentration of skeletal remains, or prehistoric or historic burials associated with important individuals or events, that are within a context of historic properties, or have known lineal descendants. The photographing of human skeletal remains reasonably believed to be Native Hawaiian may take place only after consultation with known lineal descendants and the appropriate council. [Eff SEP 28 1996 ] (Auth: HRS §6E-43.5) (Imp: HRS §§6E-43, 6E-43.5, 6E-43.6)