Opinions
OIP FORMAL OPINIONS
Opinions are designated as formal when they provide guidance on UIPA or Sunshine Law provisions or apply to factual situations that have not been fully addressed in prior formal opinions. OIP maintains a searchable index by subject matter of all formal opinions.
Formal opinions are relied upon as precedent by OIP, unless they have been overturned by subsequent OIP or court opinions or statutory amendments.
Opinion summaries have no legally binding or precedential value. In the event of a conflict between the full text and the summary, the full text of an opinion controls.
To view or print an opinion letter or summary, just click on the OPINION LETTERS link below. You may also contact OIP for a copy. Using your editing function, you can perform a key word search within the subject matter index for OIP’s formal opinions. Beginning July 2012, formal opinions are grouped by fiscal year (FY), which begins on July 1 and ends June 30. For example, FY 2016 runs from July 1, 2015, through June 30, 2016.
Click on the topics below to see:
OPINIONS LETTERS: Summaries and Full Text
- UIPA Subject Matter Index (pdf) – updated March 25, 2024 (searchable)
- Sunshine Subject Matter Index (pdf) – updated March 25, 2024 (searchable)
- List of OIP Formal Opinions (pdf) – updated April 5, 2024 (searchable)
- Table of Statutes (pdf) – updated April 16, 2024 (searchable)
OIP INFORMAL OPINIONS
INFORMAL Opinion Letter Summaries
OIP has posted summaries of its informal opinion letters in two categories: Sunshine Law opinions and UIPA opinions.
Opinion summaries have no legally binding or precedential value. In the event of a conflict between the full text and the summary version, the full text of an opinion controls.
Beginning July 2012, informal opinions are grouped on this website by fiscal year (FY), which begins on July 1 and ends June 30. For example, FY 2016 runs from July 1, 2015, through June 30, 2016.
COURT OPINIONS
Court Opinions List (as of June 2020)
Opinions:
Honolulu Civil Beat Inc. v. Department of the Attorney General (Hawaii Supreme Court):
March 11, 2020 decision
April 26, 2022 majority decision
April 26, 2022 concur/dissent opinion
Peer News LLC v. City and County of Honolulu
(deliberative process privilege overruled): Majority Opinion; Dissenting Opinion
In Re Office of Information Practices Opinion Letter No. F16-01
(Hawaii Supreme Court, June 16, 2020)
Summary: Kanahele v. Maui County Council
In re Office Of Information Practices Opinion Letter No. F15-02:
Order Denying Office of Hawaiian Affairs, Board of Trustees’ Motion for Summary Judgment
The Board of the Office of Hawaiian Affairs had appealed OIP Opinion Letter No. F15-02,
which the First Circuit Court upheld in denying the Board’s motion for summary judgment.
Summary: Peer News LLC v. City and County of Honolulu
(disclosure of police suspension records)
Summary of Civil Beat Law Center v. City and County of Honolulu
(clarifying Sunshine Law executive meeting provisions)
Civil Beat Law Center v. City and County of Honolulu (Hawaii Supreme Court opinion)
U.S. Supreme Court Opinions:
Food Marketing Institute v. Argus Leader Media (2018)
(Discussing Confidential Business Information)
United States Fish Wildlife Service v. Sierra Club Inc. (2021)
(Discussing the Deliberative Process Privilege)