Contested Case HA-16-02 regarding Conservation District Use Application (CDUA) HA-3568 for the proposed Thirty Meter Telescope at the Mauna Kea Science Reserve, Kaohe Mauka, Hamakua, Hawaii, TMK (3) 4-4-015:009.


Minute Order No. 103

Order regarding filing exceptions to Hearing Officer’s recommendations and setting oral argument on exceptions


On July 26, 2017, the Hearing Officer filed her proposed Findings of Fact, Conclusions of Law, and Decision and Order (“recommendations”) for consideration by the Board of Land and Natural Resources (“Board”) in the above-captioned matter.  The recommendations were placed in the online documents library on July 26, 2017; digital copies were served on the parties on July 26, 2017; and hard copies were mailed to the parties on July 27, 2017.

The recommendations shall serve as the “proposal for decision” as that term is used in Hawai‘i Revised Statute § 91-11. 

Parties to the contested case may file exceptions to the recommendations no later than Monday August 21, 2017 at 4:00 p.m.  The exceptions shall: (1) set forth specifically the questions of procedure, fact, law, or policy, to which exceptions are taken; (2) identify that part of the recommendations to which objections are made; and (3) state all grounds for exceptions to a ruling, finding, conclusion, or recommendation.   The grounds not cited or specifically urged are waived. 

Responsive briefs to exceptions may be filed no later than Monday September 11, 2017 at 4:00 p.m.   The responsive briefs shall: (1) answer specifically the points of procedure, fact, law, or policy to which exceptions were taken; and (2) state the facts and reasons why the recommendations should be affirmed.

Exceptions and response briefs shall be filed with the Department of Land and Natural Resources, Office of Conservation and Coastal Lands, Room 131, 1151 Punchbowl Street, Honolulu, Hawai‘i, 96813 and must be served on all parties to the contested case.  A digital copy of submittals shall be emailed to

The Board will entertain oral arguments on Wednesday September 20, 2017, commencing at 9:00 a.m. at the Grand Naniloa Hotel Crown Room, 93 Banyan Drive, Hilo, Hawai‘i, 96720. 

Each party to the case shall have fifteen minutes to present oral arguments before the Board.  Time may not be assigned from one party to another. The Board may elect to ask questions of any party once they have completed argument; this time will not count towards the fifteen-minute total.

Applicant (1) University of Hawai‘i at Hilo and Intervenors (2) TMT International Observatory, LLC and (3) Perpetuating Unique Educational Opportunities, Inc. shall present first.

Petitioners (1) Mauna Kea Anaina Hou and Kealoha Pisciotta, (2) Clarence Kukauakahi Ching, (3) the Flores-Case ‘Ohana, (4) Paul Neves, (5) Deborah J. Ward, (6) KAHEA: The Hawaiian Environmental Alliance, and Opposing Intervenors (7) Mehana Kihoi, (8) Chase Michael Kaho‘okahi Kanuha, (9) Harry Fergerstrom, (10) Joseph Kuali‘i Camara, (11) Jennifer Leina‘ala Sleightholm, (12) Cindy Freitas, (13) William Freitas, (14) The Temple of Lono, (15) Kalikolehua Kanaele, (16) Stephanie-Malia:Tabbada, (17) Tiffnie Kakalia, (18) Glen Kila, (19) Dwight Vicente, and (20) Brannon Kamahana Kealoha shall present after the applicant and intervenors.

Parties may elect to reserve time from their allotted fifteen minutes for rebuttal argument.  Rebuttal arguments will take place once all parties have completed their initial arguments.

There is significant public interest in this contested case and seating on the day of oral argument will be limited.  Crown Room seating for members of the public shall be on a first come, first served basis.  The public is asked to line up outside the Crown Room on the day of the hearing.  Doors will open to the public at 8:30 a.m.  Any member of the public entering the Crown Room prior to 8:30 a.m. will be asked to exit and stand in line.  There will be no reserving of seats.  The parties and Hearing Officer’s witnesses may enter the Crown Room at any time, however, you are asked to arrive by 8:15 a.m. in order to ensure that you have a seat.  Signs, posters, and other displays will not be allowed in the Crown Room or on the hotel premises.  No food shall be allowed inside the Crown Room.     

Members of the media should refer to Minute Order No. 10 filed on June 6, 2016.  The media coordinator for the Board is Dan Dennison (808) 587-0407 or



The documents on this website are provided for informational purposes only.  They do not constitute the official record of the contested case.  The official record is located at the DLNR Office of Conservation and Coastal Lands, 1151 Punchbowl Street, #131, Honolulu, Hawaii 96813.

Archived video recordings of the Contested Case Hearings regarding the proposed Thirty Meter Telescope can be found on Na Leo TV’s Video on Demand.