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2014 Hawaii Attorney General Reports and Opinions 1 (2014)

handle is hein.sag/saghi0075 and id is 1 raw text is: NEIL ABERCROMBIE
GOVERNOR
SHAN TSUTSUI
LIEUTENANT GOVERNOR

STATE OF HAWAII
OFFICE OF THE LIEUTENANT GOVERNOR
OFFICE OF INFORMATION PRACTICES
NO. 1 CAPITOL DISTRICT BUILDING
250 SOUTH HOTEL STREET, SUITE 107
HONOLULU, HAWAII 96813
Telephone: (808) 586-1400 FAX: (808) 586-1412
E-MAIL: oip(dhawai.qov
www.oip.hawaii.qov

CHERYL KAKAZU PARK
DIRECTOR

DECISION

Requester:
Agency:
Date:
Subject:

Mr. Carroll Cox
Department of Planning and Permitting
City and County of Honolulu
June 5, 2014
Denial of Access to a Corporation Counsel Opinion (APPEAL 11-26)

REOUEST FOR DECISION

Requester asked whether the Department of Planning and Permitting, City
& County of Honolulu (DPP), is required by the UIPA to disclose an opinion issued
by the Department of the Corporation Counsel, City & County of Honolulu
(Corporation Counsel), regarding the permitted uses of the Waikele Caves and
upon which DPP relied to issue a Notice of Violation.
Unless otherwise indicated, this determination is based solely upon the facts
presented in an e-mail from Requester to OIP dated April 25, 2011 that included an
e-mail from DPP's former Director of Planning and Permitting, Mr. David K.
Tanoue, dated April 25, 2011; a letter from DPP to OIP dated May 10, 2011; a
memorandum from the Corporation Counsel to Mr. Tanoue dated March 12, 2010
(Memorandum) that DPP provided to OIP for its in camera review; and a telephone
conversation with DPP's Director, Mr. George Atta, on April 3, 2014.

OIP Op. Ltr. No. F14-01

The Office of Information Practices (OIP) is authorized to issue decisions and
advisory opinions under the Uniform Information Practices Act (Modified),
Hawaii Revised Statutes (HRS) chapter 92F (2012) (the UIPA), pursuant to HRS
§§ 92F-27.5 and 92F-42 (2012), and Hawaii Administrative Rules (HAR) chapter
2-73 (2012).

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