On April 8, 2022, an application for a temporary restraining order was filed in Ewa’s District Court by a pair who had, months earlier, occupied land in an agricultural subdivision in Kunia based on an baseless theory of rights of “lineal descendants” of original land patent holders.
In their application, the couple, now calling themselves Ikaikanuiaumi Akekela and Wahinekekuana K. K. Okawekiu, alleged they had been harassed and threatened by former Honolulu City Council member Tom Berg, who is now employed as manager for the legal owner of the property. The pair, who say they are married without benefit of a state marriage license, allege they feared for their lives, and the lives of their children, in the face of repeated harassment by Berg while they are peacefully on their own property.
Then on May 5, 2020, the pair appeared for a hearing before Judge Ann S. Isobe. The transcript of the hearing appears below. The hearing got wild at times, as the two spoke at once, interrupted both the judge and Berg’s attorney, Fred Arensmeyer, raised their voices, or expressed bewilderment and confusion about what was going on, at several points requiring a bailiff to intercede to maintain order.
Okawekiu was also admonished by the judge to stop interrupting her husband and coaching him on what to say.
Okawekiu, whose legal name is Kaiulani Pieper-Mokiao, who was in control of their testimony in the hearing, described Berg as “trespassing onto my private property.”
“So I would just like to state for the record that I can–I can, in my own knowledge, accumulate about 12 incidences where Mr. Berg has came to my property and violated laws, statutes, privacy, humanitarian laws, and I can also affirm that he has also sent people to do the same job on behalf of him per the affidavit that I electronically filed,” Okawekiu testified.
In following cross-examination, Arensmeyer asked a simple question.
Q: …You claim to own this property. How long have you owned this property?
A: A. How long have I — this is my undivided hereditary lineal interest. It is an inheritance that is allotted to me by birth and descendency.
Q. Does anybody else share an interest with you?
A. Oh, yes, yes.
Q. Who?
A. Everyone else who is a heir as well who holds an undivided interest in this exact same area.
Arensmeyer then asked for a list of all co-owners alleged to share the undivided interest, and Okawekiu first objected, and then demurred.
Arensmeyer went on, asking another question over several interruptions.
“Have all of the other owners permitted you to be on the property?”
She answered: “Nobody permits me. I have an undivided interest in my inheritance.”
Q. And you’ve never had a lease, correct?
A. I’ve never had a lease, no. I am not here because somebody allowed me. I’m not here by contract. I am not privy to contract.
Q. And you’re claiming that you – –
A. I am acting on behalf of the undivided hereditary lineal interest of the lands held in allodium by Royal Patent 4490, Land Commission Award 10474, Apana 9, of Ho’ ae’ae Ewa, Oahu, Hawaii archipelago.
The couple claimed Berg threatened them with a pistol. They denied knowing it was a pellet gun, and denied that Akekela and others had chased Berg from the property.
Berg then testified that he had delivered copies of court documents to the the couple and their supporters, who were also named as defendants in a Circuit Court lawsuit seeking to eject them from the Kunia land. Berg said he dropped a clearly marked box containing the court documents at the closed gate to the property and announced it contained court documents, and then turned to leave the area, but that Akekela threw the box back at him and then, with at least two others, chased him across across a 30-acre property the group now occupied. Berg said he feared for his safety, and acknowledged pulling a pellet gun after he reached the adjacent golf course, warning the men not to come further.
Following Berg’s testimony, he then played a video recording of the full encounter.
The transcript details Judge Isobe’s response after viewing the video (at page 103).
I want to say that what was depicted on the video is absolutely despicable, assaultive, violent conduct. And Mr. and Mrs. — Mr. Akekela and Ms. Okawekiu, you complain to the Court that you want no violence, you want no hostility, you want no rage, you want — you seek the protection of the court. It is not convenient in the Court’s mind that you avail yourself of the civil laws of the United States and the State of Hawaii and at the same time you — you thumb your nose at the laws governing the civil society that we live by –and invoke the royal patent and your claimed inheritance. And what has happened to Mr. Berg is absolutely despicable and disgusting.
I saw three men, including Petitioner Akekela, chase Mr. Berg over 30 acres of property and use disparaging, racist, prejudicial words to tell him that he was a f’in haole,” and that the men knew Berg had brandished a pellet gun and not a lethal weapon, and that it had been justified “to protect himself.
Further, Judge Isobe noted the circuit court had already ruled in favor of ejectment, and that Mokiao and Akekela were not legally on the property.
The judge then dissolved the restraining order, and further ordered the pair to pay Berg and Arensmeyer $2,500 in fees and costs “for bringing a temporary restraining order in bad faith,” calling their claims “frivolous.”
Okawekiu seemingly had difficulty understanding how they had lost the case.
“I truly need help understanding this,” Okawekiu told the judge as she called the next case.
The transcript ends as her statement trails off: “I don’t understand what just happened. How exactly…”
Okawekiu said she intended to appeal, but no appeal was filed. And the $2,500 does not appear to have been paid, court records show.
Click below to read the full transcript.
Transcript of Hearing on application for a restraining order against Tom Berg by Ian Lind on Scribd
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I went down a rabbit hole when I noticed one of the plaintiffs used the term “alloidal” which might mean something different than what he intended. In a discussion of this and royal patents I found this.
“ However, proving ownership in the absence of the documents was an impossibility, and forgeries of crown grants were common and difficult to detect. Moreover, it was nearly impossible to determine if land was subject to common law encumbrances (i.e. mortgages). This led to the establishment in the 18th century of land registry systems, where a central office in each county was responsible for the filing of land deeds, mortgages, liens and other evidence of ownership, transfer or encumbrance. Under land registry, deeds and charges were not recognized unless they were filed, and persons who filed were given priority over previous transactions that had not been filed. Moreover, under statutes of limitation, in certain jurisdictions only documents that had been filed in the past 40 years had to be consulted to determine the chain of ownership.”
What happened with the Grand Mele was not a transition in Hawaii to private property, because the land was not communally held (public property). It was a system that actually transitioned to fuller registration that prevented theft. Has anyone actually looked at these documents for forgery. Then there is the question of a hujndred years of property taxes.
Mahalo Ian. I read the entire transcript. Although obviously in the wrong, I kind of feel bad for Ms. Okawekiu and her folks in court. I think they were brainwashed by “Col” Sam Lilikoi in his cult-like group. They said that he “ordered” them to be on the property…meanwhile, he’s on his “warship” ranting on Facebook with no consequences.
In cases involving legitimate ownership by such land holding Hawaiians, a single shareholder has little or no power or authority.
In many cases possession and dominance is the key to holding usage. Usually, a Kumu controls the majority of land use, on traditional usage.
Equity and sale ability is not a simple matter.
Those who have a home cannot borrow or build without Trust or LLC.
Many, Kuleana properties, who retain original title are rare and difficult for one descendant, perhaps one of 250-500 parties sharing title is not a happy scenario. Major, long term disputes are all to common.
Kuleana parcels receive a significant special Property Tax Exemption, to preserve this legacy.
It is no paradise of landownership, when everyone wants a cut or share.
A book entitled “Phooey with the Hui”. It’s a must read for potential investment partnerships.
Next time, send in the real Carl Spackler. Or better yet, Groundskeeper Willie!
Unfortunately, if you scratch an overwoke Hawaiian activist these days you will quite often discover an ignorant racist jackalope spreading propaganda and threatening violence. But come on, you’re expected to just look the other way or make some vague academic rationalization and give them something, not hold them accountable to reasonable standards of truth, civility, and personal responsibility. That’s how this game is supposed to work.
Kinda bummed that Aquaman didn’t drop by to take selfies.
My best wishes for all Hawai’i local people is for free education, health care and housing….
Our Alii designed and established such basic needs through land tenor and laws which if you want to know the truth, still exist in the Hawai’i State Constitution and taught here and abroad in schools of all kinds.
It’s never to late to do the right thing and I plan on returning to College at age 69 to finish learning the Olelo of the Aina.