Kapiolani Park Trust

Members of the City Council,

Trustees

For the 5/18/21 Kapiolani Park Trustees meeting, submitted by the Department of the Corporation Counsel.

Kapiolani Park Association

• In 1876-1877, the Kapiolani Park Association established a park, a portion of which is now known as Kapiolani Park.

• The Kapiolani Park Association was founded for the purpose of building residences for its stockholders, and laying out a horseracing track, surrounded by ornamental ponds and carriage paths.

Creation of the Trust – Act 53

• On June 6, 1896, the President of the Republic of Hawaii, Sanford Ballard Dole, approved Act 53 of the 1896 Legislature, which transferred the management of Kapiolani Park from the Association to the Honolulu Park Commission, a public agency.

• Act 53 sets forth the terms of the Kapiolani Park Trust.

Kapiolani Park transferred to the

City and County of Honolulu by EO

• Act 53 provided that the park premises were to be “permanently set apart as a free public park and recreation ground forever.”

• In 1913, Act 163 directed the Commission to transfer Kapiolani Park to the Territory, “in trust, to maintain the same forever as a public park and recreation ground”, and authorized the governor to set the park aside by executive order to the City and County of Honolulu.

• By Executive Order 22 dated July 1, 1913, Governor Frear did as directed.

Terms of the Trust

• Recital: “… be permanently set apart as a free public park and recreation ground forever.”

• Section 1: “… in trust forever, for the maintenance of a free public park.”

• Section 5: “… to grant and terminate franchises and permits for public entertainments, competitive exercises and exhibitions…”

• Section 6: “… Commission may authorize the proprietors or managers of any special entertainment or exhibition… to charge and collect fees for admission to such entertainment or exhibition…”

Court: No Violation of Trust

• Waikiki Shell

No Violation of Trust

• Honolulu Zoo

No Violation of Trust

• Kodak Hula Show

• Parking Lots and Metered Parking

No Violation of Trust

No Violation of Trust

• Information Kiosk

Court: Violation of Trust

• Golf Driving Range Lease

Violation of Trust

• Burger King Lease

TRUSTEES’ ROLE/DUTIES

1. Pursuant to the June 28, 1991 Court Order, the

role of the Trustees shall be limited to

enforcing the provisions of the Trust,

including specifically:

2. insuring that those portions of Kapiolani

Park which are part of the Trust are kept

within the Trust in perpetuity;

3. insuring that the Trust lands are used only

for park purposes within the terms of the

Trust.

TRUSTEES’ ROLE/DUTIES(cont’d)

4. The day-to-day operations,

maintenance and running of Kapiolani

Park, including the Trust lands, shall

remain with the executive branch of

the City;

5. The budget for Kapiolani Park shall

continue to be developed and

approved in the current manner by the

City Council.

TRUSTEES’ ROLE/DUTIES(cont’d)

6. The Trustees shall have the duty of

filing of a report on their

administration of the Trust at least

every three years.

7. The Trustees shall not be

compensated for their services as

Trustees.

2009 Court:

No Violation of Trust• Art Fence

No Violation of Trust

• Craft Fairs - Cultural

No Violation of Trust

• Craft Fairs – Stand-Alone

New Honolulu Zoo Entrance

Tenth Triennial Report Approved

• Petition of Trustees for Approval of Tenth

Triennial Report filed on June 24, 2020

was granted on December 18, 2020

• Court ordered Trustees to work to form a

special committee to address specific KPT

issues

– 2 or more Trustees (Rule No. T-4, Special Rules of the

Council as Trustees of Kapiolani Park)