91-16Posted on Sep 19, 1991 in Formal Opinions
Opinion Letter No. 91-16
September 19, 1991
Draft Master Plan for Proposed Spaceport
[Please note that opinions discussing the deliberative process privilege have been materially affected by the Hawaii Supreme Court’s majority opinion in Peer News LLC v. City and County of Honolulu, 143 Haw. 472 (Dec. 21, 2018).]
A draft master plan for the proposed Ka’u spaceport was not required to be publicly disclosed under the UIPA. The draft master plan was predecisional and deliberative, and its disclosure would chill agency decisionmaking during the master plan’s preparation. Correspondence between the economic development agency and the consultant who prepared the draft master plan was also found to be protected from disclosure, except for correspondence relating to the consultant’s contract with the agency.