[§501-248] Jurisdiction for matters pertaining to leasehold time share interests. The land court shall have jurisdiction over all matters relating to instruments required by this part to be registered pursuant to this chapter. Where any party is in doubt as to whether an instrument must be registered, the question shall be referred to the land court for decision; and the court, after notice to all parties and a hearing, shall enter an order determining the question. Except as expressly otherwise provided in this section, nothing in this part shall deprive the land court of exclusive jurisdiction pursuant to section 501-101 over registered land, or any interest therein, which is prior or superior to the interest of the lessee of a leasehold time share interest. The circuit court shall have jurisdiction, pursuant to section [603-21.5(a)(3)], over:
(1) All matters relating to instruments required by this part to be recorded pursuant to chapter 502;
(2) All other matters pertaining to a leasehold time share interest (except those in which jurisdiction is vested in the land court pursuant to this section); and
(3) All matters as to which jurisdiction would otherwise lie in the land court in part and in the circuit court in part. [L 1998, c 219, pt of §1]
Note
L 1998, c 219, §§16, 17 provide:
"SECTION 16. Nothing contained in this Act shall in any manner affect any determination made in connection with the original land court registration of title to any land or made in connection with the issuance of any certificate of title by the land court subsequent to the original registration. All instruments, documents, and papers registered by the land court and every entry and endorsement of any memorials upon any such certificate of title shall be considered to form part of the record chain of title of a leasehold time share interest and afford constructive notice of their contents to the same extent as though they appeared of record in the bureau of conveyances; provided that no such instrument, document, paper, entry, or endorsement shall have any greater or other effect after June 30, 1999, as constructive notice or otherwise, than it had or acquired at the time it was registered in land court or made; and provided further that nothing contained in this Act shall be construed as giving any greater or other effect, as constructive notice or otherwise, to any instrument, document, or paper recorded in the bureau of conveyances prior to July 1, 1999, as to any leasehold time share interest than was provided by the laws of this State (including chapter 501, Hawaii Revised Statutes, and other laws regarding property registered in land court) in effect at the time such instrument, document or paper was recorded. (Illustration: A recorded judgment is not a lien against the interest of the lessee of a leasehold time share interest unless registered; and such judgment, recorded but not registered prior to July 1, 1999, will, under this section, not constitute a lien on the interest of the lessee in a leasehold time share interest after June 30, 1999, until recorded anew.)
SECTION 17. Nothing contained in this Act shall terminate, extinguish, diminish, or impair any existing right in or pertaining to any leasehold time share interest, title to which had been registered in land court before July 1, 1999, or any existing right to any compensation created by chapter 501, Hawaii Revised Statutes, but any such right may be asserted and enforced in the same manner, to the same extent, and subject to the same limitations, provided in the land court laws amended by this Act. This section is subject to section 16."