*62DISSENTING OPINION OF
KOBAYASHI, J.,WITH WHOM MARUMOTO, J., JOINS
I dissent.
The majority of the court, in its opinion, states:
[W]e hold that paragraph six of HRS § 171-11 represents an answer to the purely administrative question as to which governmental agency has power to dispose of public lands, but that such power of disposition, as to formally set aside lands, can be exercised only after formal withdrawal by the governor, and after actual or implied approval of such withdrawal by the legislature. (Emphasis added.)
I am of the opinion that the majority of the court has, by its opinion, judicially legislated and totally nullified an express provision in the statute which permits the Board “. . . to dispose of any and all real property interest in lands set aside . . . where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside . . . . ” (Emphasis added.)
In my opinion the power of the Board as provided in said paragraph six of HRS § 171-11 is an alternative method (aside from the governor’s power subject to legislative disapproval) to deal with lands set aside.
The legislature clearly gave the Board the further power, subject to certain prior approvals, to dispose of land set aside for a use inconsistent with the purpose for which the land was set aside.
Standing Committee Report 200 on Senate Bill No. 436 states, inter alia, on page 744 of Senate Journal 1963:
The purpose of this bill is to amend Subsection 11, Section 2 of Act 32, Session Laws of Hawaii 1962, to clarify the management function of the various departments, agencies or other political subdivisions of the state having jurisdiction over certain lands. This bill also gives the Board of Land and Natural Resources the further power to dispose of any and all real property interest in lands set aside to any department, *63agency of the state, city and county, county or other political subdivisions of the state where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside; subject, however, to prior written approval of the department, agency, city and county, county or other political subdivision of the state and the governor. (Emphasis added.)
The record herein shows that the Board has properly exercised its power to demolish the natatorium with the prior written approval of the necessary parties, including the governor.
I would affirm.