Allegations of War Crimes Against New Zealand Citizen in Hawai‘i

Mera Lee-Penehira

Dr. Mera Lee-Penehira, from the University of Auckland, has this week lodged a criminal complaint with Attorney General Christopher Finlayson QC, under the International Crimes and International Criminal Court Act 2000.

“The U.S. unilaterally seized the islands of Hawai‘i back in 1898 for military interests during the Spanish-American war, and have remained there as illegal occupiers ever since. This is about acknowledging and righting the wrongdoings of the U.S. in Hawai’i”, says Dr. Lee-Penehira.

A recent visit from leading political scientist Dr. Keanu Sai of the University of Hawai’i who met with tribal and political leaders, has brought to the fore the illegal occupation of Hawai’i, and the implications for New Zealand. He states that, “In 2001, the Permanent Court of Arbitration at The Hague, acknowledged that, in the nineteenth century the Hawaiian Kingdom existed as an independent State recognized as such by the United States of America, the United Kingdom and various other States. By virtue of the 1851 treaty between the Hawaiian Kingdom and the British Crown, as well as our connection as peoples of the Pacific, New Zealand citizens have a special relationship with Hawai‘i.”

Dr. Lee-Penehira, has been to Hawai’i on a number of occasions in recent years, and last month visited Mauna a Wakea, a sacred site at the centre of contention between the U.S. government and Native Hawaiians. The planned construction of the world’s largest telescope, the TMT project, on this sacred site, has received much media attention of late and many New Zealand citizens are concerned about this issue.

Marama DavidsonMarama Davidson, member of Maori women’s political advocacy group Te Whare Pora Hou states, “Protectors of Mauna a Wakea have been occupying the sacred ancestral mountain on the island of Hawai‘i for over 120 days now, to prevent the construction of this telescope. We stand in solidarity with the protectors in efforts to stop this destruction. This is a direct attack on the physical, spiritual and cultural integrity of the maunga, and the wellbeing of both the environment and people.”

In lodging the complaint Dr Lee-Penehira is invoking her right as a New Zealand citizen under the 1851 treaty, “We need to challenge everything the U.S. government does in Hawai‘i, because on the basis of law, it is quite simply wrong. The historical documentation is clear, that the Hawaiian Kingdom continues to exist under an illegal occupation by the U.S. and that the laws of occupation must be complied with. As a victim of war crimes committed in Hawai‘i, this cannot be allowed to continue to take place with impunity.”

According to the complaint, Dr. Lee-Penehira states that she has suffered grave harm and calls upon the New Zealand Attorney General to “initiate an immediate investigation into the private organization called the State of Hawai‘i for the war crime of pillaging under the guise of taxation in accordance with 11(2)(b) of the International Crimes and International Criminal Court Act 2000 and fraud. The so-called taxes were collected under what the State of Hawai‘i calls a General Excise Tax (GET) at 4.712% while on the island of O‘ahu that includes a 0.546% “County Tax” and 4.166% on the other islands, and a Transient Accommodations Tax, also called a Hotel Room Tax, at 9.25%. The County Tax is deposited with the City and County of Honolulu, Island of O‘ahu.”

She also states in her complaint, “When a car is rented at the State of Hawai‘i’s Honolulu International Airport, there is a State of Hawai‘i GET at 4.712%, a Highway Surcharge at $3.00 a day, a Vehicle Registration fee between $0.35 and $1.45 a day, and an Airport Concession Recovery Tax at 11.1%. Except for the GET, the revenues collected for rental cars are deposited with the State of Hawai‘i Department of Transportation—Highway and Airport Divisions. Although the GET is levied on businesses for doing business in Hawai‘i, the State of Hawai‘i allows these businesses to pass those extra taxes on to the consumer of all goods in Hawai‘i.”

The alleged war crimes at the centre of the complaint include both unlawful taxation by the State of Hawai‘i, and the destruction of property by the State of Hawai’i for allowing the construction of telescopes on the summit of Mauna a Wakea.

Ms. Davidson supports the complaint saying, “These allegations of war crimes committed in Hawai‘i are very serious, and if true will have a profound effect on all New Zealanders as well as the Trans Pacific Partnership negotiations that are ironically taking place this week in Hawai‘i. It is now incumbent on New Zealand authorities to either prove that the Hawaiian Kingdom does not exist under international law and that there is no Hawaiian-British treaty, or initiate a criminal investigation into the allegations of war crimes committed against a New Zealand citizen.”

16 thoughts on “Allegations of War Crimes Against New Zealand Citizen in Hawai‘i

  1. What a coincidence (wink) the Trans Pacific Partnership talks are taking place the same time a New Zealand citizen files her war crimes complaint against individual officials of the State of Hawaii. LOL
    Would be interesting if talks are put on hold for a legal opinion by New Zealand and other countries that have Treaties with the Hawaiian Kingdom. It would even get more interesting to see what New Zealand does with it’s consulate in Hawaii. That would not just be a wake up call, that would be reality slapping them up side their head.

  2. Incredible article!

    Mahalo nui loa to Dr. Lee-Penehiraon, Marama Davidson of New Zealand and all individuals and their nations who are taking a stand against this world’s parasite. Your astuteness translates its message clearly. It’s a breath of fresh air to hear Hawai`i’s plight is being heard. And speaking up is a God-send.

    Mahalo nui loa to our upcoming scholars, our future Kingdom leaders and to everyone who is taking up their kuleana; teaching na keiki, na opio, standing up to the oppressor, doing what needs to be done. The education is ongoing and the kokua is needed. The education does not end. And that’s so awesome.

    Mahalo a nui loa Dr. Keanu Sai and your HK Legal Counsel who tirelessly give of your time and talent. It’s bringing to light the darkness that has plagued Hawai`i far too long. Its effect ripples far and wide sending the message throughout the world to stop the crimes against humanity. I am so very grateful that you are at the stern leading our canoe forward. And the work continues.

    May God bless all of us for every effort we bring forth to reveal the truth; hopeful moving our country, the Kingdom of Hawaii through peaceful and civil means.

    Aloha piha.

  3. Right On Keia!!! But this is only the beginning because there will be even more countries coming forward and filing their war crime complaints on behalf of their own people as well.

    The “Pohaku” is getting hotter and soon the US will have to let us go!!!

  4. The Kuhela of Lono has started it’s way in, on to the Aina. It is our Kuleana to Kokua and work to Restore/Reinstate our Hawaiian Kingdom. It is time. LLHK

  5. So what does this mean for Ho’opili down in Kapolei/Ewa? Will New Zealand reverse the overwhelming vote to turn farmland into expensive homes like Kapolei proper? Is there some sort of assbackwardness I see going on here? 3 acres on Mauna Kea… 160 acres in Ho’opili… don’t make no damned sense! No one is protesting Ho’opili!!! GET OUT THERE HAWAIIANS AND NOT LET ANOTHER COUNTRY DO OUR BIDDING!!!

  6. This news bring so much joy to my pu`uwai and `uhane. This will make a huge impact on our case for Independence. Mahalo a nui to our Maori sister and Dr. Keanu Sai. My hopes have been restored.

  7. Wow. First Switzerland, than Canada, and now New Zealand!
    Educate the UK well, Dr. Sai–our former ohana and contributor of how the H.K. came to be.

  8. Aloha Iolani, I share your enthusiasm. The Hk now has apprx 170 +/- Treaty partners. If any of those partners have an act similar to New Zealand’s International Crimes and International Criminal Court Act 2000 than complaints can be filed with those countries and they are obligated by Treaty and it’s national statutes to investigate and prosecute. These countries will have to provied answers to victims from the HK and victims that are their own nationals. It’s a catch 22 situation. In order to deny a complaint they would have to show the victims that the Treaty was terminated by the HK or their own country according to the provisions (if any) of termination within the Treaty. If they can’t prove that then they would have to show that the Treaty was terminated when the U.S. extinguished the HK in accordance with international law which would require that country to provide the Treaty of Annexation as proof. Either way they have just established the presumption of continuity of the HK for themselves.
    Does any one see what I am seeing in these complaints now being filed with these countries?
    I believe these complaints need to be filed with all Treaty partners. I think these countries state departments or branch of gov’t that deals with foreign affairs cannot initiate legal issues regarding the HK or it’s Treaty on their own. Hey, but if it is already being addressed in a criminal case filed with their Attorney General and/or being addressed by their judicial branch it’s all good. Now their State dept. or executive branch has something to go on because the legal determination on the HK presumption of continuity has already been established and now the executive branch can address the issue and move with it. It’s making each country deal with the situation individualy according to the Treaty and it’s internal laws instead of waiting for them to deal with the issue as a body at the U.N. General assembly. Basically, they need to deal with it in both forums, since their is no plausible deniability. Just my manao.
    This is exciting stuff, especially the mainstream media coverage by NZTV.

  9. Aloha ka kou,

    These are a couple of interesting articles on the TPPIP:

    The world needs to pull together ( I KU MAU MAU) to
    oppose this evil attempt on global domination!

    What we were told was evil appears to be pono, and what seems
    to be pono is evidencing evil.

    We have eaten more than our fair share of rocks! The arrest of
    na Kanaka at Haleakala and at Mauna a Wakea is of the highest
    insult especially on the day of restoration, La Ho’i Ho’i E’a.

    Perhaps the domination over the Hawaiian Kingdom launched the
    beginning of this evil attempt on global domination by the U.S., but
    the evidence of what happened to Hawaii could be the world’s
    saving grace. We shall see. JMM

    Mahalo to all who who sacrificed on both Haleakala and Mauna Kea!

    Hawai’i nei is our country, not america’s!


    A hui hou

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