Any action against the State under this chapter shall be tried by the court without a jury; provided that the court, with the consent of all the parties, may order a trial with a jury whose verdict shall have the same effect as if trial by jury had been a matter of right.
HRS § 662-5
This section held not to entitle county of Hawaii to nonjury trial. 57 H. 656, 562 P.2d 436. Consent to trial cannot be involuntary or implied. 6 H. App. 582, 733 P.2d 1224.