Ancestral Remains Conflict Means Trouble For Hawaii Cesspool Owners
A stop work order has been placed on a septic installation project in Hanalei while the State Historic Preservation Division investigates the finding of iwi kupuna on the property.
The installation of a septic wastewater system at a coastal property in Wainiha near Hanalei on Kauai has been halted so the state can investigate the management of ancestral remains found there.
The Hawaii Department of Health said in a statement it put a stop work order in place Wednesday for a property at Oneone Road after discussions with the State Historic Preservation Division.
The stop work order will remain in place while SHPD completes its investigation, DOH said.
Members of the Native Hawaiian community have protested at the property in recent weeks over concerns about the disturbance of iwi kupuna during the conversion of four cesspools.
The order comes less than a week after police arrested three people for trespass when a group occupied the property for several days.
Megan Wong, who is among the group who say they are descendants of those whose remains were found, said “the order to stop work on the Naue burial grounds of our iwi kupuna is a relief. But the work is far from over.”
Bernie Bays, an attorney for owners Chris and Jennifer Arreguin, said that the was moot because the owners were already following a burial treatment plan created by SHPD in early October.
That plan had been created because the owners reported the presence of iwi kupuna during work on the septic system to SHPD, which recommended keeping the remains in place. The owners complied with that order, he said.
But Makalika Naholowa’a, executive director of the Native Hawaiian Legal Corp., said that the ban was needed because there was a question about whether work on the site had been carried out in accordance with burial law, and that litigation was a possibility if it had not.
Naholowa’a said that there was no question that desecration had taken place because iwi had already been exposed, and the legal corporation would monitor the SHPD review for signs of any illegality.
The conflicts in Hanalei are emblematic of challenges many owners will face under the state mandate to convert any cesspools on their properties by 2050, Kauai council member Felicia Cowden said.
Cowden said the discovery of iwi kupuna was increasingly common. Often buyers are unaware of the potential to encounter ancestral remains when they purchase coastal land or start doing conversions. 鈥淭he guy bought into a sensitive area, and wasn鈥檛 told what was happening,鈥 she said.
Putting Faith In Agencies
Sand dunes are among traditional Native Hawaiian burial sites and the handling of iwi kupuna and their repatriation from overseas institutions has been a longstanding cultural issue for the Native Hawaiian community.
Exposure of iwi kupuna through erosion, rainfall or excavation is common. Reporting of new finds to police and SHPD is mandatory.
The Arreguins bought the three parcels right on Hanalei Bay in December 2021 for $5.85 million. They have been renting out four cabins on the property under the name of Hale Makai Cottages.
Chris Arreguin said that when he and his family were first considering moving to Kauai from the mainland they were not aware of how prevalent iwi kupuna were in coastal areas.
Arreguin said that once they obtained permits to renovate the buildings on the property they found out they were also required to replace the cesspools.
Kauai still has an estimated 14,300 cesspools and Haena and Hanalei are among the highest priorities for conversion, according to the .
Arreguin said that they knew that the septic tanks were being installed in an environmentally sensitive area and wanted to do the best job they could.
He said that they first encountered iwi kupuna in June and reported that to SHPD, which created a burial management plan they were required to follow. He also employed an archaeological monitor at the site.
Arreguin said that his family put their faith in the guidance of government agencies like SHPD to help manage the iwi kupuna with sensitivity and that he believed they had followed all the requirements.
Arrequin was hopeful that a “peaceful conversation where everyone feels heard,” would help to de-escalate the situation.
Kauai Mayor Derek Kawakami visited the property on Thursday and said “as we continue the state鈥檚 cesspool conversion program, we know iwi disturbance will continue to be a concern. As government, we clearly have room to improve the permitting process, and help find a way where we can do right for the environment and our host culture.”
Wong and others who have been protesting at the location are also calling on SHPD to do more to protect ancestral remains.
Wong said that community members felt forced into taking action at Hanalei because the Kauai Burial Council — the agency with the authority to identify, preserve or relocate iwi kupuna — had not met since November 2022.
For years, many of the state’s island burial councils have barely functioned because positions are unfilled or they are unable to make quorum. A functioning council would be anticipating the likely presence of iwi kupuna, especially in areas where they are likely to be encountered, she said.
State Rep. Luke Evslin agrees that there is a problem with burial councils, saying that SHPD was “understaffed and underresourced.” Evslin, Cowden and Wong all agree that SHPD could do a better job of reaching out to community members and descendants likely to be affected by the discovery of iwi kupuna.
But that would clearly be a stretch given SHPD’s current mission, Evslin said. He believes that the agency’s responsibilities should be much narrower to focus on challenges like managing the inevitable increase in the exposure of iwi kupuna in the next two decades.
A spokesperson for the Department of Land and Natural Resources said that SHPD was “actively working with stakeholders to resolve concerns and identify the best treatment for the iwi.”
The Office of Hawaiian Affairs thanking the health department and SHPD for imposing the work ban, but also pointed to the challenges ahead.
“The cesspool mandate has created a cultural crisis and economic injustice by disregarding the financial realities faced by less affluent communities, including our Native Hawaiian communities, especially in rural areas,” OHA CEO Stacy Kealohalani Ferreira said in an email.
Despite the need to balance environmental concerns, “ancestral remains cannot be wantonly disregarded,” she said.
Civil Beat’s coverage of Native Hawaiian issues and initiatives is supported by a grant from the Abigail Kawananakoa Foundation.
