A controversy erupted last month when Native Hawaiian community members protested at a property in Wainiha, fearing the desecration of iwi kupuna (ancestral remains). The protest followed the discovery of at least eight burials on the property between June and September, according to the Office of Hawaiian Affairs.
In response, the state Department of Health issued a stop work order on October 23 to property owner Chris Arreguin, who had bought the land in 2021 and was renting out cottages. It was only after securing renovation permits that Arreguin learned he needed to replace the property’s cesspools.
Both the Department of Health and the Department of Land and Natural Resources are working with the community and property owner to address concerns. The stop work order will remain in place until the State Historic Preservation Division completes an investigation into how the remains should be treated.
Under Hawai‘i law, the state must assess burial sites and gather information from oral traditions within three days of discovering remains. The property owner will be responsible for following a mitigation plan, which may include the relocation of remains. Work can resume once archaeological excavations are completed.
The state has not yet provided a plan for the remains or the ongoing development project. State departments have confirmed the Historic Preservation Division is still in consultation with the landowner.
The issue of cesspool replacement, mandated by a 2017 law, has raised concerns on the island, as about 13,700 cesspools need replacing. This work could accidentally uncover iwi kupuna, though it’s unclear how often this will happen.
Advocates, including North Shore resident Megan Wong, a descendant of Naue burials, have praised the stop work order and called on the State Historic Preservation Division to protect the ancestral remains. Many thank the community for their advocacy, which helped lead to the order.
The stop work order will remain until the investigation is complete and the project complies with state laws regarding burial sites.