NONHUMAN RIGHTS PROJECT, INC., on behalf of Mari and Vaigai, Petitioner/Petitioner-Appellant, vs. CITY AND COUNTY OF HONOLULU, DEPARTMENT OF ENTERPRISE SERVICES and its DIRECTOR, DITA HOLIFIELD, and the HONOLULU ZOO DIRECTOR, JOHN BERRY, Respondents/Respondents-Appellees.

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Punahou School
Dilingham Hall 
1601 Punahou Street
Honolulu, HI 96822

The oral argument will also be livestreamed for public viewing via the Judiciary’s YouTube channel at YouTube.com/hawaiicourts and ‘Ōlelo at olelo.org/tv-schedule/, subject to ‘Ōlelo’s programming availability.

Attorney for Petitioner/Petitioner-Appellant NONHUMAN RIGHTS PROJECT, INC., on behalf of Mari and Vaigai:

        Cheryl Nolan, Legal Aid Society of San Diego, Inc. and Jake Davis of Nonhuman Rights Project, Inc., admitted pro hac vice

Attorneys for Respondents/Respondents-Appellees CITY AND COUNTY OF HONOLULU, DEPARTMENT OF ENTERPRISE SERVICES and its DIRECTOR, DITA HOLIFIELD, and the HONOLULU ZOO DIRECTOR, JOHN BERRY:

        Jacqueline M. De Leeuw Huang and Patricia A.V. Sendao, Deputies Corporation Counsel

NOTE: Order assigning Circuit Judge James H. Ashford due to a vacancy, filed 05/15/26.

NOTE: Order accepting Application for Writ of Certiorari, filed 06/10/26.

COURT: Devens, C.J., McKenna, Eddins, and Ginoza, JJ., and Circuit Judge Ashford, assigned by reason of vacancy.

Brief Description:

Nonhuman Rights Project, Inc. (NhRP) petitioned the Circuit Court of the First Circuit (circuit court) for a writ of habeas corpus on behalf of Mari and Vaigai, two Asian elephants residing at the Honolulu Zoo.  The petition sought an evidentiary hearing to show cause why the elephants should not be released “to an elephant sanctuary accredited by the Global Federation of Animal Sanctuaries.”

The City and County of Honolulu, Department of Enterprise Services (DES), Director of DES Dita Holifield, and Honolulu Zoo Director John Berry moved to dismiss the petition.  The circuit court granted the motion and the Intermediate Court of Appeals (ICA) affirmed.

In affirming the circuit court, the ICA held that Hawaiʻi Revised Statutes (HRS) chapter 660 supersedes the common law writ of habeas corpus, and under that chapter, elephants are not “persons” for whom relief is available.  NhRP subsequently appealed to this court.

There are two issues before the court:

1. Does HRS chapter 660 supersede the common law writ of habeas corpus?
2. If HRS chapter 660 does not supersede the common law writ of habeas corpus, does the common law writ apply to non-human animals such as Mari and Vaigai?