Opinion Letter No. 92-06
June 22, 1992
Dept. of Land & Natural Resources’ Inventory of Trails
The unpublished portion of the Department of Land
and Natural Resources’ (DLNR) Inventory of
Trails and Accesses may be withheld from public inspection under
section 92F-13(4), Hawaii Revised Statutes, which provides an exception
to required agency disclosure for "[g]overnment records which,
pursuant to state or federal law . . . are protected from disclosure."
Under this UIPA exception, authority to withhold a government record
must generally be found in the language of the statute itself and
not merely in the statute’s legislative history.
Section 198D-3(b), Hawaii Revised Statutes, as amended
in 1990, requires the DLNR to publish only those portions of the
Inventory that include trails and accesses available for the general
public's use, but does not expressly authorize the DLNR to withhold
access to the unpublished portions of the Inventory. However, because
both the Senate and House Standing Committee Reports concerning
this statute's 1990 amendment clearly and convincingly express the
Legislature’s intent to withhold public access to the unpublished
portions of the Inventory, the OIP concluded that section 198D-3(b),
Hawaii Revised Statutes, constitutes a withholding statute within
the meaning of section 92F-13(4), Hawaii Revised Statutes.