A petition for a contested case hearing before the state over the potential future handling of iwi in the Ward area has been settled.

The Native Hawaiian Legal Corp., representing cultural descendant Edward Halealoha Ayau, and General Growth Properties, developer of the Ward Neighborhood Master Plan, reached an agreement earlier this month.

The hearing was scheduled yesterday morning before Curtis Tabata, the presiding hearing officer for the case, at the Hawaii Community Development Authority conference room.

No additional parties intervened by a Nov. 26 deadline, and no individuals testified during the scheduled hearing yesterday morning.

Ayau agreed to withdraw his petition for a contested case hearing while Victoria Ward Ltd., an affiliate of General Growth, agreed prepare an archaeological inventory survey plan identifying potential burial sites for the Ward area.

General Growth envisions transforming the 60 acres it owns at Ward over 20-plus years into a mixed-use urban village with reconfigured roads and at least 4,300 residential units.

HCDA's decision on whether or not to approve General Growth's master plan is still scheduled for Jan. 14.

In the settlement agreement, the Legal Corp. acknowledged that although no iwi kupuna, or burial remains, have been discovered during the planning process for the Ward master plan, Victoria Ward is cognizant of the potential impact on historic properties.

Victoria Ward has hired Cultural Surveys Hawaii to identify culturally sensitive areas where iwi kupuna may exist within the 60 acres at Ward—as well as attempt to identify the location of the ancient shoreline.

The archaeological survey is to be prepared in consultation with potential lineal or cultural descendants of the Ward master plan area, the Office of Hawaiian Affairs, Hui Malama I Na Kupuna O Hawaii Nei, and as well as the Oahu Island Burial Council and state historic preservation division.

It shall also “;thoroughly explore and use reasonable efforts to avoid, through design options and alternatives, iwi kupuna”; in consultation with all of the above.

It shall include procedures for a supplemental archaeological inventory survey following the demolition of a structure on a specific project site. If there is the likelihood that iwi kupuna are at a site, Victoria Ward needs to do an additional survey prior to getting a development permit.

Victoria Ward has hired consultant Ku'iwalu for ongoing consultations with recognized cultural descendants of the Ward Village Projects as well as potential descendants for the Ward master plan area.

Originally, Ayau had filed a petition for the hearing in October, asking for both an environmental assessment and archaeological inventory survey before HCDA rendered any decision.

The goal, said the Legal Corp., was to avoid another Ward Village Shops controversy, where more than five dozen iwi were found after construction had already started.

At the same time, General Growth, which has unresolved debt issues, has hired Eastdil Secured to market several of its shopping centers in Hawaii, including Ward Centers.

Legal Corp. attorneys Alan Murakami and David Kimo Frankel represented Ayau in the case, while attorney Douglas Ing represented Victoria Ward Ltd.

Both parties agreed to foot their own legal fees.