Court Orders OHA’s LLCs to Open their Books for Inspection

LLCs are subject to UIPA, must turn over check registers, income and expense statements

News release from Office of OHA Trustee Keli’i Akina, PhD, June 27, 2019

HONOLULU, HI- Office of Hawaiian Affairs Trustee Keli‘i Akina today praised the ruling handed down by the Hawaii state Circuit Court, confirming OHA’s limited liability corporations are state agencies subject to the Uniform Information Practices Act.

“This is a big win for the public, and for those OHA beneficiaries who do not want any more of those trust funds spent fighting transparency,” Trustee Akina said. “Losing this case raises questions as to whether the OHA Board is acting in the best interest of its beneficiaries when it comes to transparency and their right to know how their trust funds are spent.”

According to the court order[1] filed June 25, the court found as a matter of law that each of Hi‘ilei Aloha LLC, Hi‘ipaka LLC and Ho‘okele Pono LLC “is an ‘agency’ for purposes of HRS Section 92F-3, in that it is a corporation owned, operated and managed by OHA…”

The LLCs have thirty days to produce check registers and income and expense statements, spanning from the inception of the LLCs to today.

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DISCLAIMER: The views expressed in this news release are the personal views of Trustee Akina and may not reflect the views of the Office of Hawaiian Affairs or its Board of Trustees.

Keliʻi Akina, Ph.D., is a community leader who is known for the phrase he has coined, "E Hana Kākou" - Let's work together! Over the past several years as a public policy adviser at the legislative, congressional and international levels, Dr. Akina’s mission has been to preserve the Aloha Spirit by which native Hawaiians and people of all races are welcomed and encouraged to work together for a better future for all our keiki. He was elected to the Office of Hawaiian Affairs Board of Trustees in November 2016.

[1] The Circuit Court of the First Circuit Findings of Fact and Conclusions of Law and Order are attached to this email news release, and are also posted here: LINK

Related: Judge Orders OHA LLCs to Hand Over Check Registers