How to File a Public Records Request in Hawaiian Paradise Park, Hawaii

What Is the Uniform Information Practices Act (Modified)?

Hawaii's Uniform Information Practices Act (Modified), or UIPA, is codified at Hawaii Revised Statutes Chapter 92F (§§ 92F-1 through 92F-43). Enacted in 1988, the UIPA guarantees every person — individual, corporation, nonprofit, or other legal entity, regardless of residency or citizenship — the right to inspect and obtain copies of government records maintained by any executive or legislative agency at the state or county level. No statement of purpose is required to file a request.

Under the UIPA, a "government record" is any information maintained by a government agency in written, auditory, visual, electronic, or other physical form. This includes written documents, emails, maps, photographs, audio recordings, video recordings, and data stored in computer systems. Records routinely available to the public include building permits, meeting minutes, government contracts, consultant agreements, bid results, employee compensation data, County budget documents, environmental monitoring results, and real property tax records.

The UIPA contains five categories of exemptions under HRS § 92F-13: (1) personal privacy, where disclosure would constitute a clearly unwarranted invasion of personal privacy; (2) litigation privilege, for records related to pending judicial proceedings; (3) frustration of a legitimate government function; (4) records protected by other state or federal law or court order; and (5) legislative working papers. These exemptions are largely discretionary — the agency may choose to release records that technically qualify for protection. Critically, the burden of justifying any withholding rests on the agency, not the requester.

Read the full text of the Uniform Information Practices Act (Modified) (Hawaii Revised Statutes Chapter 92F (§§ 92F-1 through 92F-43))

How to File a Public Records Request with the County of Hawaiʻi (Hawaiian Paradise Park)

How to Submit Your Request

Because Hawaiian Paradise Park is an unincorporated community in Hawaiʻi County, there is no independent city government — all records requests must be directed to the specific County of Hawaiʻi department that maintains the records you seek. For legislative records — County Council legislation, ordinances, resolutions, election records, and general legislative materials — contact the Office of the County Clerk at [email protected] or (808) 961-8255. For executive branch records — building permits, planning approvals, police reports, environmental services records, public works data, and other departmental records — contact the relevant County department directly. The Office of the Corporation Counsel ([email protected], (808) 961-8251) coordinates UIPA compliance for County executive departments and can assist in routing your request. The State Office of Information Practices (OIP) provides a free standardized 'Request to Access a Government Record' form (OIP Form 1) at oip.hawaii.gov/forms/. While a formal written letter is technically sufficient, using OIP Form 1 is strongly recommended — it includes all required elements, clearly invokes your rights under the UIPA, and may speed processing. Requests may be submitted by email, mail, or in person during regular business hours.

What to Include in Your Request

• Your full name, mailing address, and/or email address so the agency can respond to you
• A specific and detailed description of the record(s) you are requesting, including record name, subject matter, date range, addresses, permit numbers, or other identifying information that will help the agency locate the record
• The name of the specific County of Hawaiʻi department you believe maintains the records
• Your preferred format for receiving records (e.g., electronic copy via email, paper copies by mail, or in-person inspection)
• A fee threshold statement — specify a dollar amount above which you want the agency to contact you before proceeding
• If applicable, a public interest fee waiver statement explaining your identity, how the records relate to government operations, and your ability to disseminate the information widely
• A statement that you are making the request under Hawaii Revised Statutes Chapter 92F (the UIPA)

Response Deadlines and What to Expect

Under the UIPA and Hawaii Administrative Rules § 2-71-11, the County of Hawaiʻi must respond to a formal written records request within 10 business days of receipt. "Business days" means county workdays, excluding Saturdays, Sundays, and state holidays. Hawaii's UIPA applies equally to all requesters — there is no distinction between residents and non-residents, and no residency is required.

A response within 10 business days does not necessarily mean receiving the records themselves. Under the UIPA, the County may respond with a formal Notice to Requester that: (1) grants access and provides the records; (2) partially grants the request, specifying what is being withheld and why; (3) requests clarification of the record description before proceeding; or (4) invokes extenuating circumstances to extend the deadline.

In extenuating circumstances — such as the need for extensive search across multiple departments, review and segregation of a large volume of records, or consultation with legal counsel — the County may extend the response deadline. Under Hawaii Administrative Rules § 2-71-15, agencies facing extenuating circumstances may provide records through incremental disclosures every 20 business days, as long as they explain the circumstances in writing and provide an estimated completion date.

Fees may be charged under Hawaii Administrative Rules § 2-71-31: $2.50 per 15 minutes of search time, $5.00 per 15 minutes for review and segregation, and not less than $0.05 per page for photocopies. The first $30 of search, review, and segregation fees is automatically waived for all requesters. Prepayment of up to 50% of projected search and review fees may be required before processing begins.

What to Do If Your Request Is Denied or Delayed

If the County of Hawaiʻi denies your records request — in whole or in part — or fails to respond within the statutory deadline, you have meaningful and well-defined options under the UIPA.

Start by reviewing the denial notice carefully. Any denial must cite the specific statutory exemption under HRS § 92F-13 that justifies withholding each record or portion withheld. A denial that is vague, conclusory, or cites no specific legal basis may itself be deficient. If the denial is based on a broad privacy or law-enforcement exemption, consider whether narrowing the request — for example, excluding personal identifying information — might result in partial disclosure.

If informal follow-up does not resolve the issue, Hawaii offers one of the most accessible formal appeal processes in the country: the state Office of Information Practices (OIP). An OIP appeal is free, does not require an attorney, and typically moves faster than going to court. The OIP can issue formal opinions that are admissible as evidence in court and that agencies are legally obligated to follow if they choose not to appeal. Under HRS § 92F-15.5, you may file an OIP appeal within one year of the denial.

If you do not receive any response within 10 business days (or 20 under a written extension), that non-response is legally treated as a denial — and you may proceed to appeal immediately without waiting further.

You also retain the right to file a civil action in Hawaii's Third Circuit Court within two years of the original denial under HRS § 92F-15. The court reviews the matter de novo (fresh, without deference to the agency's position). Courts may award attorney fees and costs to a requester who prevails in a public access case. Even if you file a court action, OIP opinions issued on similar questions serve as persuasive precedent.

Steps to Appeal

1. Review the denial notice to confirm the County cited a specific exemption under HRS § 92F-13 for each withheld record; a denial lacking statutory grounding may be challengeable on its face.
2. Contact the relevant County department directly — by phone or email — to clarify the basis for denial, ask whether the request can be narrowed, or inquire about the status of a delayed response.
3. Use OIP's free Attorney of the Day service: email [email protected] or call (808) 586-1400. An OIP staff attorney will typically respond within 24 hours with non-binding guidance on whether the denial appears legally justified.
4. File a formal appeal with the Hawaii Office of Information Practices (OIP) under HRS § 92F-15.5 within one year of the denial. OIP's address is 250 South Hotel Street, Suite 107, Honolulu, HI 96813. The process is free, informal, and does not require an attorney. Use OIP's 'Request for Assistance to the Office of Information Practices' form, available at oip.hawaii.gov/forms/.
5. Cooperate with OIP's review process by providing your original request, the County's denial notice, and any supporting correspondence. OIP may request supplemental information from both you and the County.
6. If OIP issues an opinion ordering disclosure and the County fails to comply, seek enforcement of OIP's decision in Hawaii's Third Circuit Court under HRS § 92F-15.
7. If OIP upholds the denial, file an independent civil action in Hawaii's Third Circuit Court within two years of the original denial under HRS § 92F-15. The court reviews the matter de novo, and may award attorney fees and costs to a prevailing requester.

Types of Records You Can Request from Hawaiian Paradise Park, Hawaii

Because Hawaiian Paradise Park is governed by the County of Hawaiʻi, all public records relevant to the community are maintained by County departments under the UIPA. The following are common categories of records that HPP residents, journalists, researchers, and property owners frequently request.

• Building permits, inspection reports, and permit application files for residential and commercial properties in Hawaiian Paradise Park
• County of Hawaiʻi Planning Department records on zoning, variances, special management area permits, and land use decisions in the District of Puna
• Environmental monitoring data, volcanic activity impact assessments, and lava flow hazard zone records
• Hawaii Police Department incident reports and traffic collision records for the Puna District
• County Council ordinances, resolutions, committee meeting minutes, and hearing transcripts
• County of Hawaiʻi Department of Public Works records on road maintenance, infrastructure projects, and capital improvement plans for Puna
• Real property tax assessment records for parcels in Hawaiian Paradise Park
• Department of Environmental Management solid waste, recycling, and wastewater records for the Puna area
• County contracts with private vendors or consultants, including contract amounts and services
• Emergency management plans, disaster response records, and civil defense documents relevant to Puna District hazards
• County budget documents, departmental expenditures, and audit reports
• Employee compensation and salary records for County of Hawaiʻi personnel
• Subdivision plats, recorded easements, and deed restriction records for the Hawaiian Paradise Park subdivision
• Grant awards and community program funding allocated to the Puna District
• Health and safety inspection records for facilities and businesses in the Hawaiian Paradise Park area

If you're unsure whether a specific document is a public record, file the request anyway. The burden is on the County of Hawaiʻi to justify withholding — not on you to pre-determine what's available.

Tips for Effective Public Records Requests in Hawaiian Paradise Park