How to File a Public Records Request in Kailua, Hawaii

What Is the Uniform Information Practices Act (Modified)?

Hawaii's Uniform Information Practices Act (Modified), commonly called the UIPA, is codified at Hawaii Revised Statutes Chapter 92F (§§ 92F-1 through 92F-43). Enacted in 1988, the UIPA establishes a foundational principle: all government records are presumptively open to public inspection and copying unless access is specifically restricted or closed by law. Any person — regardless of residency, citizenship, or stated purpose — may request government records. No explanation of why you want the records is required.

Under the UIPA, a "government record" is broadly defined as any information maintained by a government agency in written, auditory, visual, electronic, or other physical form. This encompasses a wide variety of municipal materials: building permits, inspection reports, contracts, meeting minutes, correspondence, emails, environmental assessments, financial statements, zoning maps, and data stored in government computer systems. Records covering Kailua-specific activity — such as coastal development permits, short-term rental enforcement records, and Kawainui Marsh environmental monitoring data — are held by the relevant City and County of Honolulu departments.

Key exemptions under HRS § 92F-13 include records whose disclosure would constitute a clearly unwarranted invasion of personal privacy, records related to pending litigation involving the government, records whose release would frustrate a legitimate government function, and records protected by other state or federal law or court order. Critically, these exemptions are largely discretionary — agencies may elect to disclose records even when an exemption applies. 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 City and County of Honolulu (Kailua)

How to Submit Your Request

Because Kailua is a CDP within the City and County of Honolulu, there is no separate Kailua government. All public records requests must be directed to the specific City and County of Honolulu department that maintains the records you seek. For City Council legislation, ordinances, resolutions, and general city records, submit your request to the Office of the City Clerk at [email protected] or by mail to 530 South King Street, Room 100, Honolulu, HI 96813. For records held by other departments — such as the Department of Planning and Permitting (for building permits and zoning), the Honolulu Police Department (for incident reports from the Kailua Substation), or the Department of Environmental Services — direct your written request to that specific department. All requests must be in writing. The State of Hawaii's Office of Information Practices (OIP) provides a standard "Request to Access a Government Record" form (OIP Form 1) available at oip.hawaii.gov/forms/ in both PDF and Word formats. Use of this form is strongly recommended — it ensures your request includes all required elements, signals to the agency that this is a formal UIPA submission, and creates a clear paper trail for any future appeal.

Download Required Form

What to Include in Your Request

• Your full name and contact information (mailing address, phone number, and/or email address)
• A specific and detailed description of the records you are requesting — include record names, subject matter, date ranges, property addresses or tax map key (TMK) numbers, permit numbers, or other identifiers that will help the agency locate the records
• The name of the City and County of Honolulu department or agency you believe maintains the records
• Your preferred format for receiving the records (electronic copy via email, paper copy by mail, or in-person inspection)
• A fee ceiling — the maximum dollar amount you are willing to pay before the agency contacts you for authorization to proceed
• If applicable, a public interest fee waiver statement explaining your ability and intent to widely disseminate the information to benefit the public
• Your signature and the date of the request

Response Deadlines and What to Expect

Under HRS § 92F-11 and implementing rules at Hawaii Administrative Rules § 2-71-13, the City and County of Honolulu must respond to a formal written UIPA request within 10 business days of receipt. "Business days" are working weekdays, excluding Saturdays, Sundays, and state holidays. Unlike some other states, Hawaii imposes the same deadline regardless of whether the requester is a Hawaii resident or not — the 10-business-day clock applies equally to all.

A "response" within the 10-business-day period does not necessarily mean you will receive the records themselves. The agency must send you a written Notice to Requester (NTR) informing you whether your request is granted, denied, partially granted, or subject to extension. Simply acknowledging receipt is not sufficient — the agency must take action on the request.

If the agency faces extenuating circumstances — such as the need to search a large volume of files, consult with legal counsel, or segregate exempt from non-exempt information — it may acknowledge your request in writing before the 10-day deadline expires and extend the response by up to an additional 10 business days, for a total response period of 20 business days. For very large or complex requests, Hawaii Administrative Rules § 2-71-15 permits agencies to make incremental disclosures every 20 business days, provided they explain the circumstances in writing.

Fees may be assessed under Hawaii Administrative Rules § 2-71-31: $2.50 per 15 minutes of agency search time; $5.00 per 15 minutes for review and segregation; and copying fees of not less than $0.05 per page. The first $30 of search, review, and segregation fees is automatically waived for all requesters. Agencies may require prepayment of estimated fees before beginning to process a request.

What to Do If Your Request Is Denied or Delayed

If the City and County of Honolulu denies your request — in full or in part — the agency is required to provide a written denial that cites the specific statutory exemption under HRS § 92F-13 justifying each withholding. A blanket refusal with no legal basis, or a denial that simply references exemptions without explanation, may itself be legally deficient and is grounds for an immediate appeal.

The most common reasons Honolulu agencies deny requests under the UIPA include: disclosure would constitute a clearly unwarranted invasion of personal privacy (HRS § 92F-13(1)); the records relate to pending or threatened litigation involving the city (HRS § 92F-13(2)); disclosure would frustrate a legitimate government function such as an ongoing investigation or law enforcement activity (HRS § 92F-13(3)); or the records are protected by another state or federal statute or a court order (HRS § 92F-13(4)). In all of these categories, the exemptions are largely discretionary — an agency may choose to disclose even if an exemption technically applies.

If you receive no response at all within 10 business days (or 20 business days under a properly noticed extension), that silence is legally treated as a denial under the UIPA — and you may proceed directly to appeal.

Hawaii offers one of the country's most requester-friendly appeal mechanisms: the Office of Information Practices (OIP), a dedicated state agency established solely to administer the UIPA. An OIP appeal is free, does not require an attorney, and OIP's formal opinions are enforceable by the courts. Alternatively, you may file a civil action directly in circuit court under HRS § 92F-15 within two years of the denial. Courts may award attorney's fees and costs to a prevailing requester. You do not have to exhaust the OIP process before filing in court — but OIP opinions are admissible as evidence and often resolve disputes without litigation.

Steps to Appeal

1. Review the denial notice carefully to confirm the agency cited a specific exemption under HRS § 92F-13 — a denial lacking legal justification may itself be challenged; note the denial date as your appeal clock starts from that day.
2. Contact the relevant department records officer or City Clerk directly by email or phone — explain your request, ask whether it can be narrowed or clarified, and request a revised timeline; many delays and overbroad denials are resolved at this stage.
3. Contact Hawaii's Office of Information Practices (OIP) Attorney of the Day service for free, usually same-day guidance: email [email protected] or call (808) 586-1400. This informal step does not start a formal appeal clock but can clarify your strongest arguments.
4. File a formal appeal with the Office of Information Practices (OIP) within one year of the denial under HRS § 92F-15.5. Submit your original request, the agency's denial notice, and any supporting correspondence to OIP at 250 South Hotel Street, Suite 107, Honolulu, HI 96813, or via [email protected]. OIP review is free and does not require an attorney.
5. Cooperate with OIP's review — provide any additional documentation requested. OIP may conduct an in camera review of the withheld records and will issue a formal opinion. If OIP orders disclosure and the agency does not appeal within 30 days, you may seek court enforcement.
6. If OIP upholds the denial or you prefer to bypass OIP entirely, file a civil action in the First Circuit Court of Hawaii under HRS § 92F-15 within two years of the original denial. The agency bears the burden of justifying each withholding. OIP opinions are admissible as evidence.
7. If you prevail in circuit court, the court has authority to award attorney's fees and costs — courts have broad discretion to award fees to a prevailing requester where the agency's denial lacked a reasonable basis in law under HRS § 92F-15.

Types of Records You Can Request from Kailua, Hawaii

Because Kailua is governed by the City and County of Honolulu, public records for the community are distributed across multiple Honolulu departments. The following categories of records are commonly requested by Kailua residents, journalists, researchers, and property owners under the UIPA.

• Building permits, construction inspection reports, and code enforcement records for Kailua-area properties (Department of Planning and Permitting)
• Zoning decisions, variances, land use approvals, and Special Management Area (SMA) permits for Kailua coastal and wetland areas
• Short-term rental permit applications, enforcement actions, and compliance records under the City and County's vacation rental ordinance (Bill 41)
• Honolulu Police Department incident reports and traffic collision records from the Kailua Substation
• Environmental monitoring records for Kawainui Marsh, Kaʻelepulu Wetland, and nearshore water quality at Kailua Bay (Department of Environmental Services)
• City Council ordinances, resolutions, committee hearing transcripts, and testimony records relevant to Kailua and the Koʻolaupoko District
• City contracts and vendor agreements for public works, parks, and services in the Kailua area
• Department of Parks and Recreation usage records, facility permits, and maintenance reports for Kailua Beach Park and other community parks
• Department of Transportation Services traffic studies, road maintenance records, and capital improvement project documents affecting Kailua roads and intersections
• City and County of Honolulu budget documents, financial audits, and expenditure reports
• Real property tax assessment records and tax map key (TMK) data for Honolulu County parcels in Kailua
• Emergency management and civil defense plans and response records for the Koʻolaupoko/Kailua District
• City employee compensation records, salary schedules, and collective bargaining agreements
• Board of Water Supply infrastructure and service records for the Kailua water service area
• Honolulu Authority for Rapid Transportation (HART) correspondence and planning documents related to Kailua corridor transportation studies

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

Tips for Effective Public Records Requests in Kailua